RICO suit against Kennedy?  Complaint filed against gun buy-back in RI!

http://www.subguns.com/forums/wwwgunrelated/messages/6890.html

The Flackrabbits have struck in Providence, RI: United States District Court Case Number 99-353T "Traudt vs. Town of North Providence et.al."...

Posted by Scott Traudt on July 22, 1999 at 13:20:23:

Gun buybacks are going the way of AM radio next week, folks, served up to like room service courtesy of the Flackrabbits and their friends...

Here's the whole nine yards and the kitchen sink...

You boys and girls ought to get a kick out of seeing Rep. Patrick Kennedy defend himself against charges of black marketing guns and violating the RICO statutes...

And NBC gets whacked, too...

Enjoy,
The Head Flackrabbit

>>>>>>

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

SCOTT TRAUDT :
Plaintiff, :
:
vs. : Civil Action #
:
TOWN OF NORTH PROVIDENCE, AGENTS JOHN DOES 1-4 OF THE UNITED STATES
BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, NATIONAL BROADCASTING
EARMS, NATIONAL BROADCASTING
CORPORATION AND ITS AFFILIATE, WJAR-TV CHANNEL 10, EMPLOYEES JERRY AND
> JENNIFER DOES 1-4 OF WJAR-TV CHANNEL 10, REPRESENTATIVE PATRICK KENNEDY,
AND JAMES AND JOANNE DOES 1-4, Defendants,

COMPLAINT

Plaintiff, Scott Traudt ("Traudt") brings this action for temporary injunctive relief, permanent injunctive relief, nominal damages, compensatory damages, and the costs of suit pursuant to 18 USCS 3, 18 USCS Section 4, 18 USCS 921 ("The Gun Control Act of 1968" and "The National Firearms Act of 1934"), 18 USCS 922 ("The Brady Act of 1994"), 18 USCS 1961 ("The Racketeer Influenced Corrupt Organization Act"), 42 USCS 1983 ("The Civil Rights Act of 1871"), 47 USCS 303 and 309 ("Telegraphs, Telephones, and Radiotelegraphs") and, via the assertion of pendent Rhode Island State Law claims pursuant to Title 11-47 of the Rhode Island General Laws. Common Law claims are also asserted.

The Parties

1. Plaintiff Traudt is a citizen of the United States of America who did not come by his citizenship pursuant to the 16th Amendment to the United States Constitution. Traudt is a citizen of the State of Rhode Island and Providence Plantations ("Rhode Island"). Traudt is a resident of the City of Warwick, Rhode Island.

2. Defendant Town of North Providence, 2000 Smith St., North Providence, RI 02911, is ace, RI 02911, is a municipality sued pursuant to Title 45 of the Rhode Island General Laws.

3. Defendant John Does 1-4 of the Bureau of Alcohol, Tobacco, and Firearms, 380 Westminister Mall, Providence, RI 02903, are sued in their official capacities as being those agents of the United States
Government who had a duty to act to prevent the violations of federal law to be summarized in the following, who omitted to act, and who are those individuals Traudt is under obligation of the federal duty elucidated in
18 USCS Sections 3 and 4 to make judicial notice of in the misprision of a felony(s).

4. Defendants Jerry and Jennifer Does 1-4 are as yet unknown employees of the federally regulated (pursuant to the Federal Communications Commission) and federally licensed television station WJAR-TV 10 operating out of transmission sites in Cranston and Providence, Rhode Island, and who are conducting interstate commerce across state lines via the "internet," (commonly called "the web"), and who are conducting such business activities through an as yet unknown internet service provider ("ISP"). WJAR-TV is an affiliate of a New York Station,
defendant National Broadcasting Corporation ("NBC"), 30 Rockefeller Center, NY, NY 10112.

5. Representative Patrick Kennedy ("Kennedy"), 286 Main St., Providence, RIt., Providence, RI 02860, is a United States Congressman representing the 1st Congressional District of Rhode Island. Kennedy is sued here in his
official capacity.

6. Defendants James and Joanne Does 1-4 are staffers of Kennedy and are sued in their official capacities as federal employees.

7. Defendant NBC is a New York corporation.

Jurisdiction

8. The violations of federal and state laws alleged by Traudt took place in Rhode Island, and will take place in Rhode Island, on or about July 31st and at dates as yet uncertain prior to July 31st.

The acts and omissions to act by defendants require immediate local federal remedy. NBC is a New York corporation sued because of violations of federal and state law and also because of its status as an
out-of-state legal entity.

Venue

9. There is only one United States District Court for the District of Rhode Island. There are no alternatives for Traudt, who is compelled pursuant to 18 USCS 3 and 4 to make judicial notice of the misprision of a felony occurring in his presence or to which he has knowledge before  the fact, and that he has knowledge after the fact.

Facts

10. On or about July 31st, 1999, defendants are seeking to hold an event entitled a "gun buyback." At this event, which is being run under the authority andnder the authority and management of uniformed, armed police officers of the Town
of North Providence, firearms subject to regulation under various federal and state laws are to be surrendered by individuals in return for the payment of $25 in cash or gift certificates.

11. Federal firearms regulations are listed in the Code of Federal Regulations (CFRs) in title 27.

12. The Town of North Providence does not hold a Federal Firearms license pursuant to 27 CFR 178.21.

13. The Town of North Providence will not be doing background checks and criminal records checks on individuals as mandated by federal law, nor will they be doing the required NICS computer felony check as required by "The Brady Act."

14. The Town of North Providence will not be filling out, nor keeping records form 4473 "yellow sheets" as required under federal law 27 CFR 178.124.

15. The Town of North Providence will engage in the transport of stolen weapons in violation of 27 USCS 33.

16. The Town of North Providence will, by and through its armed, uniformed police officers, commit de facto larceny of a firearm in violation of 27 CFR 178.33(a) by failing to return stolen weapons to their rightful owners.

17. The Town of North Providence will take possession and maintain ownership andntain ownership and control of automatic weapons in violation of "The National Firearms Act of 1934."("NFA").

18. The Town of North Providence will fail to make a $200 payment to the government of the United States of America for each weapon so regulated under the NFA and surrendered for monetary compensation to the Town of
North Providence, in violation of 27 CFR 178.81.

19. The Town of North Providence will take possession of automatic weapons made illegal by their manufacture after May 19, 1986 pursuant to 27 CFR 178.36.

20. The Town of North Providence is engaging in the conduct of a firearms enterprise as defined by 27 CFR 178.41 and in violations of same CFR.

21. The Town of North Providence is knowingly and recklessly disregarding the record keeping requirements of 27 CFR 178.121 and in particular the guidelines of section 922(m) in that it is knowingly making non-entries regarding its firearms purchases.

22. The Town of North Providence is knowingly failing to make positive identification of all sellers of a firearm to itself pursuant to 27 CFR 179.63.

23. The Town of North Providence is knowingly failing to identify each and every armed and uniformed member of its police department taking possession of weapons regulated under the NFA, Brady, GCA 1968, the CFRs, and Rhode Island Law.

de Island Law.

24. The Town of North Providence is failing to complete a federal "Form 5" as defined by 27 CFR 179.90 in the purchase of firearms.

25. The Town of North Providence is violating the record keeping provisions of 27 CFR 179.131.

26. The Town of North Providence is in complete violation of 27 CFR 178.124 in that it cannot dispose of a firearm without completing a federal form 4473 form for each such weapon.

27. Defendants Town of North Providence, defendants Kennedy, defendants Jerry and Jennifer Does 1-4, defendants James and Joanne Does 1-4, defendants John Does 1-4, and defendants NBC and WJAR constitute a
criminal conspiracy as defined by the Racketeer Influenced Corrupt Organization Act (18 USCS 1 et. seq.) in that, by incorporating all of the Facts Numbers 9 through 26 et. al., they obstructed federal criminal investigations (Section 1510) and state and local criminal investigations (Section 1511) by virtue of Facts 30, and 31-35, which
are here incorporated by reference.

28. Defendant Town of North Providence will destroy evidence of crimes for which there is federal punishment. Defendants Jerry, John, Jennifer, and Joanne, and Kennedy all have knowingly and willingly participated
and facilitated the aforesaid acts and will continue to do so on or about July 31st.

bout July 31st.

29. Pursuant to 18 USCS 4, Traudt is making judicial notice of these acts.

30. Defendants Town of North Providence and defendants Jerry, John, Jennifer, and Joanne Does 1-4, and Kennedy all have knowingly and willingly participated in the larceny of weapons regulated under federal
and state law (11-47-22) and the destruction of personal property made illegal by 11-47-22.

31. Defendants Town of North Providence and defendants Jerry, John, Jennifer, and Joanne Does 1-4, and Kennedy all have knowingly encouraged individuals to commit felonies in violation of RIGL 11-47-5 in that they
have facilitated the intrastate transport of firearms by convicted felons.

32. Defendants Town of North Providence and defendants Jerry, John, Jennifer, and Joanne Does 1-4, and Kennedy all have knowingly facilitated the larceny of firearms by creating and facilitating a conspiracy to avoid federal and state firearms laws regarding the larceny of firearms and the return of stolen firearms to their rightful
owners, who have a state and Common Law property interest in such weapons. Such actions are violative of RIGL 11-47-5.1 and 11-47-22.

33. Defendants Town of North Providence and defendants Jerry, John, Jennifer, and Joanne Does 1-4, and Kennedy all have knowingly facilitated the intrastate transport ofstate transport of firearms in violation of 11-47-10 and 11-47-11 in that transport of firearms is illegal in Rhode Island to anywhere but one's business, a bona fide gun range, or a
licensed gun dealer subject to 27 CFR et. seq.

34. Defendants Town of North Providence and defendants Jerry, John, Jennifer, and Joanne Does 1-4, and Kennedy all have knowingly facilitated violations of 11-47-35 and 11-47-35.2 in that there is a 7 day waiting period for the transfer of firearms in the state of Rhode Island.

35. Defendant Town of North Providence is in violation of RIGL 11-47-58 in that it has violated the state pre-emption regarding the regulation of firearms. North Providence has no statutory right to create and
maintain firearms regulations or enforcement actions in contravention of state law.

36. Defendants NBC and WJAR and defendants Jerry and Jennifer Does 1-4 have knowingly violated federal and state laws regarding the creation and continuance of a criminal enterprise as defined by RICO and in
contravention of the Federal Communications Commission laws regarding the conduct of federal broadcast license holders.

37. Defendants NBC and WJAR and John and Jane Does 1-4 have used interstate commerce via the internet to aid and assist a criminal conspiracy in violation of then violation of the aforementioned federal and state laws. In summary, they have aided and abetted the destruction of firearms, the larceny of firearms, the intrastate transport of firearms, the violation of numerous federal and state gun control laws, and the obstruction of criminal investigations pursuant to 18 USCS 1510 and 1511.

38. Defendants NBC and WJAR has violated FCC rules.

39. Defendant Kennedy has knowingly, pursuant to 18 UCSC 1510 and 1511, organized and maintained the aforementioned criminal conspiracy in concert with the other named defendants. He has also violated 18 USCS 4
("Misprision of a felony") in that he had knowledge of the commission of a felony.

40. The Town of North Providence's agents and armed, uniformed police officers have, and will continue to have, knowledge of the actual commission of a felony in violation of 18 USCS 4. Being armed in the commission of a felony is in itself a felony pursuant to 18 USCS 921.

41. Defendants NBC and WJAR has knowledge of the actual commission of a felony in violation of 18 USCS 4.

42. Defendants John and Jane Does 1-4 have actual knowledge of the commission of a felony in violation of 18 USCS 4.

43. Defendants BATF agents John Does 1-4 have, and continue to have, knowledge of the commission of multiple felonies at prior buybacks in violation of 18 USCS 4.

on of 18 USCS 4.

44. Defendants BATF agents John Does 1-4 have actual knowledge of the commission of the felony theft of firearms by uniformed, armed police officers at prior buybacks in the state of Rhode Island, in violation of
18 USCS 4.

45. Defendants BATF agents John Does 1-4 refuse to take enforcement action against the other defendants under the terms of their employment by the government of the United States of America and in violation of their oath of office and in contravention of the GCA 1968, the Brady Law, the NFA, and the RICO Act.

46. Plaintiff Traudt has suffered the violation of civil rights pursuant to 42 USCS 1983, in that his civil rights as guaranteed by the Constitution of the United States of America, have been violated under color of federal law, state law, and usage by BATF agents James and Joanne Does 1-4, and by the Town of North Providence, and by defendant Kennedy.

47. Defendant NBC knew, or should have known, that the actions of its employees in Rhode Island violated federal and state laws, and as such is violative of 18 USCS 3 in that it had knowledge of past prior acts and the commission of felonies by defendants Jane and John Does 1-4.

48. Defendant NBC holds a broadcast license from the Federal Communications Commission under the rules stipulated in 47 USCS 303 and 309, and must use its license in the its license in the furtherance of the "public interest" or risk suspension of its license. NBC, through its affiliate WJAR-TV, is not acting in the "public interest" when it knowingly participates in the destruction of criminal evidence, the creation of an unregulated black market in firearms, the hindrance of criminal investigations, the interstate transport in automatic weapons, the larceny of firearms, the destruction of Rhode Islanders' personal property, and the participation in organized criminal activities made illegal under 18 USCS 1510 and 1511.

49. Defendant NBC had, based on in-house investigative resources, superior knowledge that the Providence Police Department (here not named as a defendant) had not properly disposed of firearms at the last WJAR/NBC buyback in Providence, RI, and had super knowledge that corruption in the Providence Police Department was widespread, yet still facilitated a gun buyback where firearms were surrendered to these same armed, uniform personnel largely responsible for their own crime wave in Providence, and the subject of numerous investigations.

50. It is a fact that weapons from the last buyback in Providence were sold by Providence Police officers in Coventry, RI.

51. It is a fact that at prior buybacks municipalities in this state have violated the same laws cited above.

Plea for Relief

Plea for Relief

52. Traudt hereby request temporary injunctive relief from this court in the form of an order barring the July 31st gun buyback from taking place.

53. Traudt hereby requests permanent injunctive relief barring any further gun buybacks from taking places in this state.

54. Traudt hereby requests reasonable attorney's fees in his pro se capacity.

55. Traudt seeks compensate damages from the defendants.

56. Traudt seeks the suspension of the FCC broadcast license of WJAR-TV for its numerous and repeated participation in the aforementioned criminal acts.

JURY TRIAL

Plaintiff a jury trial for issues so triable. Plaintiff seeks injunctive relief where deemed appropriate by the court.

Pro se,

_____________________
Scott Traudt
3595 Post Rd.
A-22-204
Warwick, RI 02886
401-734-9896

Dated: July 22, 1999.


Dave Markowitz's Home Page | Shooting Tech | RKBA | Send me email

kquote>