There will be several modification to the lawsuit as I start digging into what each person brought to the conspiracy to violate Civil Rights (42 USC 1983) of a Father and Child, here are the charges I will be bringing into the lawsuit.
Just taking tactics from Tuolumne County District Attorney.
1. Mail Fraud (18 U.S.C. § 1341)
Mail fraud involves using the postal service to carry out a scheme to defraud. If the child support agency used the mail to submit fraudulent financial information, this charge could be applicable.
Key Elements:
A scheme to defraud.
Use of the postal service to execute the scheme.
Intent to defraud.
2. Wire Fraud (18 U.S.C. § 1343)
Wire fraud involves using electronic communications, such as telephone, internet, or email, to carry out a scheme to defraud. If the fraudulent information was submitted electronically.
Key Elements:
A scheme to defraud.
Use of wire communications to execute the scheme.
Intent to defraud.
3. False Statements (18 U.S.C. § 1001)
Making false statements to a federal agency or in matters within federal jurisdiction is a federal crime. If the child support agency provided false information in documents that are submitted to or reviewed by federal agencies.
Key Elements:
Knowingly and willfully.
Making false, fictitious, or fraudulent statements or representations.
In any matter within the jurisdiction of the federal government.
4. Conspiracy to Commit Fraud (18 U.S.C. § 371)
If multiple individuals within the child support agency conspired to submit fraudulent financial information.
Key Elements:
An agreement between two or more persons to commit a crime.
An overt act in furtherance of the conspiracy.
Intent to achieve the objective of the conspiracy.
5. Extortion (18 U.S.C. § 872)
If the fraudulent activity involved extorting money from the parent by threatening legal action or other adverse consequences.
Key Elements:
Obtaining money or property.
Through the wrongful use of actual or threatened force, violence, or fear, or under color of official right.
6. Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. § 1961-1968)
If the fraudulent activity is part of a broader pattern of racketeering activity, the child support agency could potentially face charges under RICO.
Key Elements:
Conducting or participating in the conduct of an enterprise's affairs.
Through a pattern of racketeering activity.
Engaging in at least two acts of racketeering activity within a 10-year period.
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