As this author took breakfast this morning at the local McDonald's, he read in the Minneapolis Star and Sickle about the Minnesota Legislature wanting to reduce the statute of limitations for filing civil lawsuits to 4 years. This raised the ire of this author sufficiently to research the issue further. This was found on CBS:
Minnesota Legislature sends Dayton civil legal changes http://bit.ly/wje6G4
Why, you ask, is shortening the filing time for civil litigation, pro criminal conspiracy?
[Article Continues below almost universal translator]
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Before we answer that there are three things you need to understand.
The First is that there is a difference in the evidentiary standard for criminal litigation and civil litigation. In criminal prosecution, the standard is "beyond a reasonable doubt" In civil litigation, the standard is the much lower "more likely than not". Think OJ Simpson: Not guilty of murder but civilly liable for his wife's and his wife's friend’s death...
The second thing you need to understand is prosecutorial discretion. Government Prosecutors often choose not to prosecute bending to political pressure, lack of resources and even bribes. The Prosecutor has no requirement to disclose their reasons and usually just give "prosecutorial discretion" as their excuse.
The third thing you need to understand is that with the high literacy rate of America and the advent of the internet, victims of crime no longer have to just accept the excuses of government prosecutors who far to often choose not to prosecute. After being played and stalled by prosecutors, many people are choosing to sue criminal conspiracies civilly to recover damages.
And with those 3 pieces of information, what follows should be self apparent.
One of the keys to a criminal conspiracy not being prosecuted is maintaining the silence and cooperation of the co-conspirators and witnesses by either loyalty and/or intimidation. Over time, the ability to maintain loyalty and/or intimidation of coconspirators is compromised. Think "The Sopranos" or "The Godfather". Or for real life examples, think Enron? Bernie Madoff? Tom Petters? Twin Cities Metro Gang Strike Force? Denny Hecker? First National Bank of Anoka, NA Wrongful Repossessions, Bank Bailouts? Stimulus Kickbacks? Congressional Insider Trading?
It is much easier to maintain loyalty and/or intimidation of co-conspirators for 4 years than it is for 6-10 years.
If prosecutors fail to prosecute some victims are going to seek civil remedy.
And when civil litigants sue, there is the risk that Government Prosecutors bad or untoward "prosecutorial discretion" decisions are at risk of being exposed.
Why would Minnesota Legislators be in favor of legislation making it easier to get away with criminal conspiracies?
Maybe they think that folks like Bernie Madoff, Tom Petters and Denny Hecker shouldn't have to suffer worrying about possible litigation for more than 4 years?
Maybe they get campaign contributions from various large organizations that engage in behavior that exposes them to potential liability and they are rewarding these contributors by reducing the statute of limitations for rank and file Americans to make legitimate claims for civil liability?
Maybe Minnesota Legislators are worried about their own civil liabilities for things they they, themselves do?
Regardless of their reasons, the Minnesota legislature is just plain wrong. They are not acting in the best interests of rank and file Americans in reducing the statute of limitations for filing civil litigation to a short 4 years from the incident.
The basis for civil litigation is often not even found until years after the original incident. Think asbestos and cigarettes. Are these the folks Minnesota Legislators seek to protect?
This author suggests you contact your Minnesota State Senator or Representative and ask them to explain themselves. Minnesota Senate 651.296.0504 -- 888.234.1112 Minnesota House 651-296-2146 -- 800-657-3550
TellMyPolitician http://goo.gl/1FWfz
And, CALL GOVERNOR DAYTON and tell him to veto the bill
651-201-3400 -- 800-657-3717 Fax: 651-797-1850 Email here
In closing,
Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.
Please join with me in mutually pledging to each other and our fellow citizens our lives, our fortunes and our sacred honor to our mutual endeavors of restoring liberty and economic opportunity to WE THE PEOPLE as our Founding Fathers envisioned and intended. [Last sentence, US Declaration of Independence ( http://bit.ly/ruPE7z )]
This article is written with the same intentions as Thomas Paine http://ushistory.org/paine. I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense” http://amzn.to/kbRuar
TellMyPolitician http://goo.gl/1FWfz
Keep Fighting the Good Fight!
Those were my thoughts.
In Liberty,
Don Mashak
The Cynical Patriot
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