Friday, June 29, 2012

Marine Claims Sister Could ‘Qui Tam’ Holder For Fraud on Asset Forfeiture Fund

U.S. Marine Field McConnell claims that his sister Kristine Marcy could use a writ of qui tam to sue her erstwhile DOJ colleague, U.S. Attorney General Eric Holder, for the fraudulent conversion of the DOJ Asset Forfeiture Fund to procure Fast and Furious guns linked to the murder of ATF agent, Brian Terry.

"The House voted largely along partisan lines to hold the attorney general in both criminal and civil contempt. The criminal citation will sent on to the U.S. Attorney for the District of Columbia -- who works for Holder. The civil contempt allows the House to sue Holder in court in an attempt to get the documents in question."

“In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "[he] who sues in this matter for the king as [well as] for himself." A more literal translation would be "who as much for [our] lord the king as for himself in this action pursues" or "follows." The writ fell into disuse in England and Wales following the Common Informers Act 1951 but, as of 2010, remains current in the United States under the False Claims Act, 31 U.S.C. § 3729 et seq., which allows for a private individual, or "whistleblower," with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also qui tam provisions in 18 U.S.C. § 962 regarding arming vessels against friendly nations, 25 U.S.C. § 201 regarding violating Indian protection laws, 46a U.S.C. 723 regarding the removal of undersea treasure from the Florida coast to foreign nations, and 35 U.S.C. § 292 regarding false marking. In February 2011, the qui tam provision regarding false marking was held to be unconstitutional by a U.S. District Court, and in September of that year, the enactment of the Leahy-Smith America Invents Act effectively removed qui tam remedies from § 292.”

As part of his Presidential Field election campaign, McConnell will contact his sister to explore the qui tam remedy for fraud in the 'equitable sharing' of Asset Forfeiture Fund used to buy weapons used to kill American citizens since the launch of the fund in 1984.



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