Racketeering (RICO) &Fair Debt Collection Practices Act (FDCPA)
Andrew Chien (“Chien”) has been a victim of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18USC §1961-1968. and FDCPA. Chien’s case involved a violation of Chapter 11 and over the sale of Securities. Therefore, any law can be cited from 18USC §1961(1)(D). Chien was a secret inmate and debt prisoner for 1148 days, which was abolished by federal law in 1833. But Virginia judicial misconduct used it presently.
“18USC §1961(1) ’racketeering activity’ means (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title…) fraud in the sale of securities… punishable under any law of the United States” (emphases added).
The fraud connected with a case under title 11, was retaliation of Chien’s whistle-blower of the embezzlements of Freer and his lawyers in Chapter 11 of former Commonwealth Biotechnologies Inc (“CBI”); fraud of the sale of securities is for change control of a public traded company. Here the two laws cited: 15 USC Chapter 41—Consumer credit protection”, plus ”15USC Chapter 45 Unfair methods of competition unlawful; prevention by Commission”.
Although Chien’s debt is judgment debt, not consumer debt, FDCPA still applies. Because 15USC§1692a(3) defines ’ the “term ‘consumer’ means any natural person obligated or allegedly obligated to pay any debt”; 15USC§1692a(5) defines “term ‘debt’ means any obligation”; and 15USC§1692a(6) defines debt collector who “collected any debts”.
VA debt collection violated subject to error and venue selection error 15USC 1692i(a)(1).
For debt collectors in either Virginia or Connecticut. Four lawyers Grogan, Clark, Byrne, and Caldwell offended:
“15USC § 1692e.False or misleading representations
(2) The false representation of—
(A)the character, amount, or legal status of any debt;
Because they together concealed the subject fraud and perjured evidence of the debt.
Private lawyers are debt collectors: in Case Pollice v. National Tax Funding, LP, 225 F. 3d 379, 406, Court of Appeals, 3rd Circuit in the year 2000, held:
“Section 1692a(6)(C) provides:
The term [“debt collector”] does not include— . . . (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties.
…. The exemption expressly is limited to “any officer or employee of the United States or any State.”… The exemption does not extend to those in a contractual relationship with the government. See Brannan v. United Student Aid Funds, Inc., 94 F.3d 1260, 1263 (9th Cir. 1996)” (emphases added)
FDCPA codified as “15USC§1692
“15USC§1692d…. the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person” (emphases added)
U. S. Supreme Court 2010 ruled in Case Jerman v Carlisle et al., 130 S.Ct. 1605,1609:
“The Act is enforced through administrative action and private lawsuits. With some exceptions not relevant here, FDCPA violations are deemed unfair or deceptive acts or practices under the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and are enforced by the Federal Trade Commission (FTC). See § 1692l. As a result, a debt collector who acts with “actual knowledge or knowledge fairly implied based on objective circumstances that such act is [prohibited under the FDCPA]” is subject to civil penalties of up to $16,000 per day. §§ 45(m)(1)(A), (C); 74 Fed.Reg. 858 (2009) (amending 16 CFR § 1.98(d)).” (Emphases added).
The monetary penalty will be daily and is based on
“15USC§45(m)(1)(C) In the case of a violation through continuing failure to comply with a rule or with subsection (a)(1), each day of continuance of such failure shall be treated as a separate violation, for purposes of subparagraphs (A) and (B).”
The Federal Trade Commission increased the daily penalty for inflation adjustment, to $40,000/day after August 1, 2016; for 2017, $40.654/day ($14.8 million/year); 2018, $41,484/day ($15.1 million/year); 2019, $42,530/day ($15.5 million/year); 2020, $42,530/day ($15.8 million/year); 2021, $43,792/day ($15.9 million/year).
No-Secret-Inmate 