Categorized | USA

18 USC 4 Misprision of a Felony 18 USC 73 Obstruction of Justice and 18 USC 241 and 242 Conspiracy Against Rights and Under Color of Law


Federal Crime Reporting Statute

The federal offense of failure to disclose a felony, if coupled with some act concealing the felony, such as suppression of evidence, harboring or protecting the person performing the felony, intimidation or harming a witness, or any other act designed to conceal from authorities the fact that a crime has been committed.

Title 18 U.S.C. § 4. Misprision of felony. Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

A federal judge, or any other government official, is required as part of the judge’s mandatory administrative duties, to receive any offer of information of a federal crime. If that judge blocks such report, that block is a felony under related obstruction of justice statutes, and constitutes a serious offense.

Upon receiving such information, the judge is then required to make it known to a government law enforcement body that is not themselves involved in the federal crime.

Misprision of a Felony

Misprision of a felony is the offense of failure to inform government authorities of a felony that a person knows about. A person commits the crime of misprision of a felony if that person:
• Knows of a federal crime that the person has witnessed or that has come to the person’s attention, or failed to prevent.
• Fails to report it to a federal judge or other federal official (who is not themsselves involved in the crime).

Another Federal Statute for Forcing A
Federal Officer To Perform a Mandatory Duty
Another federal statute exists for reporting high-level corruption in government:

Title 28 U.S.C. § 1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

This federal statute permits any citizen to file a lawsuit in the federal courts to obtain a court order requiring a federal official to perform a mandatory duty and to halt unlawful acts. This statute is Title 28 U.S.C. § 1361.

These two statutes are among the most powerful tools in the hands of the people, even a single person, to report corrupt and criminal activities by federal officials−including federal judges−and to circumvent the blocks by those in key positions in the three branches of government. That statute was also repeatedly blocked by federal judges and Justices of the U.S. Supreme Court.


Former Judge Gets Six-Month Prison Sentence
Former Knox County Criminal Court Judge Richard Baumgartner was sentenced today to six months in prison, reports the News Sentinel.

The Democrat and longtime jurist also was sentenced in Greeneville by U.S. District Judge Ronnie Greer to a year’s supervised release after the term is completed.

Baumgartner’s attorney, Donald A. Bosch of Knoxville, told the court he would apply for a stay of the sentence. Baumgartner will be allowed to self report to a federal prison.

Baumgartner stepped down in March 2011 and pleaded guilty in state court to official misconduct amid an investigation that showed he had abused drugs and used court defendants to secure them. He was spared prison and allowed to keep his pension.

In October, however, a federal jury convicted him of five counts of misprision of a felony, meaning he knew about and covered up a mistress’ involvement in a drug conspiracy centered around his drug usage.

” Powell was sentenced on November 4, 2011 to 18 months in federal prison after pleading guilty to misprision of a felony and accessory after the fact to conspiracy to commit income tax evasion, plus one year on supervised release and a $60,000 fine. [See: PLN, May 2012, p.28]. Mericle pleaded guilty to misprision of a felony; he has not yet been sentenced.”

Parker Pleads Guilty to Misprision of a Felony

U.S. Attorney’s Office January 17, 2012

Eastern District of Louisiana (504) 680-3000
NEW ORLEANS—KAREN PARKER a/k/a KAREN PARKER-BROUSSARD (“PARKER”), age 46, a resident of Jefferson Parish, pled guilty today in front of Senior U.S. District Judge Hayden Head to one count of misprision of a felony, announced U.S. Attorney Jim Letten.

On December 2, 2011, PARKER, former Jefferson Parish President AARON F. BROUSSARD and THOMAS G. WILKINSON were charged in a 33-count indictment by a federal grand jury with conspiracy, wire fraud, and theft concerning programs receiving federal funds. On January 13, 2012, PARKER was charged in a superseding bill of information with one count of misprision of a felony.

According to court documents, in October 2003, former Jefferson Parish President and co-defendant BROUSSARD met with co-defendant and former Jefferson Parish Attorney WILKINSON, along with two other high-ranking Jefferson Parish officials, to discuss PARKER’s anticipated employment in the BROUSSARD administration. According to the factual basis, BROUSSARD specifically wanted other Parish officials to hire PARKER because he knew that once he took over the position of Parish President he could not hire PARKER and there would be increased scrutiny as a result of the romantic relationship between BROUSSARD and PARKER. It was eventually decided that PARKER would be hired as a “paralegal supervisor” under the purview of the Parish Attorney’s Office, even though all parties to that decision, including co-defendants BROUSSARD and WILKINSON knew that PARKER was not qualified, trained, or certified as a paralegal supervisor.

According to the factual basis, from approximately 2003 through her dismissal in 2010, PARKER was paid a salary as a paralegal supervisor, even though she was not qualified, trained, or certified as a paralegal supervisor. Indeed, according to court records, PARKER did no work as a paralegal supervisor and, in fact, the little work she did perform was not paralegal work at all. According to court records, BROUSSARD and WILKINSON were aware that PARKER did no work as a paralegal supervisor. PARKER’s salary and her raises were approved and known by WILKINSON who, in turn, was retained by BROUSSARD as the Jefferson Parish Attorney. BROUSSARD also approved of substantial pay raises, from 2004 through 2009, for WILKINSON, the Parish Attorney. According to the factual basis, PARKER committed a misprision of a felony by stealing or committing theft from Jefferson Parish by continuing to accept her salary (because she did not perform any paralegal work) and not reporting such crime to the authorities.

Finally, according to court records, BROUSSARD, the former Jefferson Parish President, used his public office for private gain by receiving monies, totaling hundreds of thousands of dollars from various vendors, all of whom were simultaneously doing business with Jefferson Parish.

PARKER faces a maximum penalty of not more than three years in prison, followed by one year of supervised release, and a $250,000.00 fine. Sentencing has been scheduled for July 27, 2012 at 1:15 p.m.

The case was investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigations.

The case is being prosecuted by Assistant U.S. Attorneys Brian Klebba and Matt Chester.

Friday, January 17, 2014

For Information Contact:
Public Affairs
(202) 252-6933

Former District of Columbia Government Official
Indicted on Charges Involving $110,000 Grant
That Funded an Inaugural Ball
Former Council Member Harry L. Thomas Jr. and Five Others Earlier Pled Guilty to Charges

WASHINGTON – Neil S. Rodgers, a former District of Columbia government official, was indicted today on federal charges stemming from his role in channeling $110,000 in youth and drug prevention grant funds used to pay for an inaugural ball.

The indictment, returned by a grand jury in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation.

Rodgers, 61, of Washington, D.C., served as the Committee Director of the Council of the District of Columbia’s Committee on Libraries, Parks, Recreation and Planning. He was indicted on three felony charges, including one count each of theft concerning programs receiving federal funds, wire fraud, and first-degree fraud. Rodgers faces a maximum sentence of 20 years of incarceration if convicted of all charges.

Six others have pled guilty to charges in the overall investigation into activities involving former Council Member Harry L. Thomas, Jr. Thomas pled guilty in January 2012 to charges stemming from a scheme in which he used more than $350,000 in taxpayers’ money that was earmarked for the arts, youth recreation, and summer programs for his own personal benefit, including paying for vehicles, clothing and trips. He resigned in January 2012 as a condition of his plea agreement and is now serving a 38-month prison sentence.

The others who have pled guilty include James Garvin and Marshall D. Banks, leaders of one of the non-profits used in the scheme. Both men, from the Langston in the 21st Century Foundation, pled guilty to misprision of a felony, a charge holding them accountable for failing to report and concealing the misappropriation of $392,000 in government grants. Additionally, Danita C. Doleman, the president of Youth Technology Institute, pled guilty to filing a false tax return in connection with her assistance in funneling public money to pay for the 51st State Inaugural Ball. Millicent D. West, the former director and chief executive officer of a non-profit organization that promotes youth opportunities, pled guilty to a criminal tax charge for her role in channeling the youth grant funds to pay for the ball. Finally, Ayawna Webster, an aide who also worked as a chief of staff for Thomas, pled guilty to attempting to interfere with the administration of the Internal Revenue Service laws.

Garvin and Banks were sentenced to three years of supervised probation, 80 hours of community service, and ordered to pay full restitution. Doleman, West, and Webster are awaiting sentencing.

“Today’s indictment charges Neil Rodgers with stealing tax dollars meant for children to throw a $100,000 black-tie party for adults,” said U.S. Attorney Machen. “This prosecution is the final step in our investigation of the criminal activities of former D.C. Council member Harry Thomas, Jr., which has resulted in six guilty pleas. The results of this investigation are a reminder of the grave consequences for government employees and others who knowingly facilitate the illegal actions of corrupt elected officials.”

“Today’s indictment is an example of what happens when a public servant becomes complicit in corrupt behavior rather than standing up to it,” said Assistant Director in Charge Parlave. “Knowingly submitting false and misleading documents to support a larger scheme at the direction of a public official is illegal. The FBI will investigate allegations of corruption at all levels and hold those who allow it accountable for their actions.”

Before becoming Committee Director, Rodgers worked for many years at the District of Columbia Department of Parks and Recreation, serving as Chief of Staff and Acting Director.

Thomas, who took office in January 2007 as the Ward 5 representative, served during his first term as Chair of the Council’s Committee on Libraries, Parks, Recreation and Planning, which involved oversight responsibility for the D.C. Department of Parks and Recreation. In that role, he worked with a non-profit public-private partnership that provided resources and developed programs to benefit children and youth in the District of Columbia.

The partnership was primarily funded by the District of Columbia government through funds designated by the Mayor and Council for particular youth-related purposes. The partnership provided grants to organizations for programs tailored for children and youth.

The charges against Rodgers deal with his role in securing funds for the 51st State Inaugural Ball, held on Jan. 20, 2009 in the Wilson Building. Thomas was closely involved in the planning the event. In addition to her work duties, Ayawna Webster was the president of a local chapter of a political organization. She and her political organization served as the host of the ball, and she then organized the event, at Thomas’s direction.

Ticket sales and other contributions failed to raise enough money to pay the expenses associated with the 51st State Inaugural Ball. Following the ball, Webster’s political organization owed vendors approximately $100,000. According to the indictment, Rodgers participated in a scheme to channel money through a grant from the public-private partnership, meant for youths, to Webster’s political organization so that these expenses would be paid.

The plan hit an obstacle, however, when questions were raised about the legality of granting money to a political organization. The grant recipient was changed to the Youth Technology Institute, another non-profit organization. Even though Rodgers knew that this organization had no involvement with the ball, according to the indictment, he requested $120,000 in grant funds on its behalf. On Feb. 5, 2009, based on the false grant paperwork submitted by Rodgers, the public-private partnership issued a check in the amount of $110,000 to the Youth Technology Institute, the indictment alleges.

In truth, after the grant was issued, the Youth Technology Institute immediately forwarded nearly the entire amount to Webster’s political organization, which paid expenses from the 51st State Inaugural Ball.

An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.

This case is being investigated by the FBI’s Washington Field Office and IRS-CI. It is being prosecuted by Assistant U.S. Attorneys James E. Smith and David Johnson, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office.

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