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Botany

(70,447 posts)
Fri Sep 16, 2022, 02:39 PM Sep 2022

Under what law or statute is it OK for the Gov. of Florida to con people in Texas into getting onto

Last edited Sat Sep 17, 2022, 07:32 AM - Edit history (1)

... plane with promises of help with immigration and getting them jobs then flying them
to Massachusetts? Hello DoJ?

17 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
 

Effete Snob

(8,387 posts)
7. Lying can be a component of the crime of fraud
Fri Sep 16, 2022, 04:59 PM
Sep 2022


It's legal for me to tell you that I have a rabbit in my pocket, even if I don't have a rabbit in my pocket. However, if I sell you the non-existent rabbit in my pocket for $5, I have committed the crime of fraud.

But I haven't seen a federal fraud statute yet applied to the fact here.
 

Effete Snob

(8,387 posts)
13. So....
Fri Sep 16, 2022, 05:14 PM
Sep 2022

DeSantis was seeking a benefit.

People were induced to rely upon false statements made by agents of DeSantis to their detriment in the advancement of that benefit.

It doesn't have to be a cash deal like my rabbit. The point is that if you want something, and you lie to someone to get that thing, and they rely on your lie to their detriment, that can make out a fraud claim.

Lying is free. But if others rely on your lie to their detriment for your benefit, then we are getting into fraud territory.

https://arizonalawreview.org/pdf/48-4/48arizlrev1001.pdf

"It seems surprising, then, when we arrive at an ancient tort such as fraud—once better known asdeceit—and discover that some courts break it down into elements without isolating causation by name, requiring instead: a statement of fact that is false, uttered by the defendant with scienter, upon which plaintiff justifiably relies to his detriment."

lapfog_1

(29,192 posts)
2. It's not legal... 22 U.S.C. § 7102(11)
Fri Sep 16, 2022, 02:44 PM
Sep 2022

What is human trafficking under federal law?
Federal law criminalizes human trafficking, which typically involves the threat or use of force, fraud, or coercion to obtain commercial sex acts, labor, or other services. See 22 U.S.C. § 7102(11) (defining “severe forms of trafficking in persons”).

FRAUD... OTHER SERVICES

He lied to them about people "waiting to help them with immigration status" (there were none and he knew that since he didn't call anyone at the destination to even let them know about this illegal transport).... that's FRAUD.

OTHER SERVICES... There was FAUX NEWS crews ready to record their arrival at the VP's residence and at Martha'sVineyardd... thus they were pawns in a cruel use of immigrants for political purpose. Essentially to be used in campaign ads for the perps.

 

Effete Snob

(8,387 posts)
6. Ummm.... how are you getting that?
Fri Sep 16, 2022, 04:56 PM
Sep 2022

7102 is a definitions section, but leaving that aside:

https://www.law.cornell.edu/uscode/text/22/7102

" (11) Severe forms of trafficking in persons The term “severe forms of trafficking in persons” means—

(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery."

-------

They were not transported through the use of fraud FOR LABOR OR SERVICES nor for involuntary servitude, peonage, debt bondage or slavery.

You can't just pull out the words "transported" and "fraud" from a definition section and say you've found a criminal violation.

7102(11) does not apply here. What "labor or services" was the purpose here?

lapfog_1

(29,192 posts)
14. he filmed them... sent one of his agents to film them on the plane
Fri Sep 16, 2022, 06:50 PM
Sep 2022

that is using someone for labor (starring in his next campaign video).

As for fraud, his agents lied to them about the trip, that there would be jobs and housing waiting for them at the destination.

In addition (and a separate charge) is the use of DHS agents to give them fictitious home addresses, thus putting them in danger of direct deportation due to having to check in, as soon as Monday, with DHS/BP at the nearest office to their fake home address if they miss the check in.

Some were given fake addresses across the continent.

MiniMe

(21,709 posts)
5. When I read through the article, it said that some people had been in Texas
Fri Sep 16, 2022, 04:11 PM
Sep 2022

But it didn't say they were transported from Texas. Wouldn't surprise me, but I don't see where they are transporting them from Texas.

Wingus Dingus

(8,052 posts)
9. Were federal resources or personnel used in any way to originate or facilitate
Fri Sep 16, 2022, 05:05 PM
Sep 2022

the flights? Were federal immigration authorities lied to, concerning the whereabouts or status of these migrants? This needs to be thoroughly investigated, and the migrants need big-time lawyers.

lapfog_1

(29,192 posts)
15. According to the immigration rights attorney in MV
Fri Sep 16, 2022, 06:56 PM
Sep 2022

the legal immigrants had forms filled out by DHS agents in TX who gave them intentionally fake home addresses (using homeless shelters in San Francisco and Portland and other cities). Had these forms been submitted to the DHS (and it is possible they were), then the immigrants must check in as soon as Monday to the DHS office nearest their "home" address... if they don't, they could be subject to immediate deportation without benefit of a hearing about their asylum claims.

If true, DHS needs to be cleaned out of these assholes... and they need to serve prison time to dissuade other DHS right wing assholes from doing similar things.

Bucky

(53,947 posts)
16. Everyone involved needs to be fired and prosecuted
Fri Sep 16, 2022, 07:05 PM
Sep 2022

This is categorically criminal fraud. There's got to be multiple statutes being violated, including transporting people across state lines under false pretenses and under the color of authority.

tavernier

(12,369 posts)
12. He feels pretty safe.
Fri Sep 16, 2022, 05:09 PM
Sep 2022

Our entire national security has been stolen and severely compromised and no one seems to be able to Just Put The Thief In Jail. DeSantis figures his crime isn’t half as bad and he can also cook up a million excuses to get off the hook.

PufPuf23

(8,755 posts)
17. The legal system, national security, and military have all been
Fri Sep 16, 2022, 07:23 PM
Sep 2022

infiltrated and degraded.

This is not the first time this has happened, the efforts have been near constant, but never to the degree in such a complex system as at present.

Those riding the tailwind of Trump are flooding the zone beyond the capacity and time frame to deal with the myriad of deliberate efforts to make the USA (even in supposed, enshrined ideals) a non-egalitarian nation.

Now is no time to compromise but to stomp.

I sadly agree with you but hoping for the best (and glad to see words of condemnation of the pukes from POTUS Biden).

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