PDA

View Full Version : Not paying Federal fine imposed in criminal case



jclarkdawe
02-09-2015, 02:47 AM
Character as been in Federal prison for 60 months, and is released. Immediately upon release he is supposed to report to Manhattan's Federal probation on a suspended consecutive sentence, which as a condition involves the payment of a two million dollar fine.

US Attorney is aware character has access to the money. Political pressure is involved so the character's failure to show is actually noticed beyond the standard level. A warrant is issued for my character's arrest.

1. When a Federal arrest warrant is issued, the warrant is listed in NCIC. Correct?

2. Character has left a trail indicating that he probably left the US and is probably traveling under a fake name. How would notification to US Embassies and Consulates be handled? (Yes, they would extradite him.)

3. At a certain point, the US Attorney decides he might be in the US. How would local police be notified that this guy is wanted, but not at the level of "most wanted" or anything of that level. I am assuming this notification would include his booking picture. Is that correct?

4. I am assuming that NCIC is accessible to those who have access through the internet and that it is not a closed system. Correct?

Thanks for any and all help.

Jim Clark-Dawe

Neegh
02-09-2015, 03:00 AM
By refusing to comply with the sentence, he would be in contempt of court and be arrested at once (or on sight) and sent to jail for as long as the judge says. Also, his assets would be seized—come to think of it, they probably would have already done that while he was in prison.

ironmikezero
02-09-2015, 03:33 AM
Quick answers...

1.Warrant issued by the court, filed by the clerk, certified copy sent to the district US Marshal, data entered by USMS in NCIC (includes notification links, cautions, ID info, photos, prints, etc.).

2. State Dept. has NCIC access, embassies & consulates made aware (FBI and other agencies have personnel - legates - so assigned. USMS has personnel assigned to INTERPOL operating from Lyon, France). Passport frauds (identity theft, alias, etc.) are Diplomatic Security (State/DS) investigations.

http://www.state.gov/m/ds/investigat/c10714.htm

3. If he's in the US, the US Marshals would lead the hunt, but every agency with NCIC access could look up the warrant and follow up with contact notifications.

4. NCIC is considered a closed system, open only to vetted membership (law enforcement, intelligence, criminal justice, etc.).

http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

If new assets in the US are discovered, the court can and would order the US Marshals to seize and hold said assets pending court disposition.

benbradley
02-09-2015, 03:36 AM
I'm no expert, but this reminds me of the case of Kevin Trudeau.

jclarkdawe
02-09-2015, 06:21 PM
BenBradley -- Actually a somewhat common scenario. If I looked into it, I could find several people in this status.

Neegh -- The whole point of this situation is that if he gets caught, he's back in the slammer. It means he has to stay hidden, while meanwhile doing an even worse crime. It creates complications.

IronMikeZero -- Thank you for confirming what I thought. I wanted to make sure I got it right.

I was thinking closed system more like the military, CIA, and the State Department have for material classified secret. You can't get onto their systems with a regular computer. However, I found a better work around to hack into NCIC.

But my remaining question is this: A police officer sees my character, does not get an ID, then a few months later the Feds start wondering if my character is in the US. He's not bad enough to end up on the most wanted list, but he's annoying enough so that the Feds want him. US Attorney (and I mean the US Attorney, not his deputies) is getting calls from a certain politician wondering why they haven't caught him yet. I'm wondering if there's a reasonable way for the police officer to see a picture and be able to say he think he saw the guy a few months ago.

Thanks for all the help.

Jim Clark-Dawe

Taejang
02-09-2015, 08:50 PM
NCIC is not a closed system. By design, it is meant to be readily accessible. Possibly from inside squad cars, I'm not sure, but certainly from police stations. Wiring dedicated lines to each station in the country is not feasible. Other means of "simulated" closed systems, such as MAC address limitations, can still be hacked/spoofed by a sufficiently talented and resourceful hacker.

I'm not an expert, but even without a politician fishing around, wouldn't the photo(s) get sent out to any area they might expect this guy to show up at?

Not being "most wanted" likely means the photos wouldn't get sent everywhere, however. So it may depend on whether the cop who saw this guy is on a police force located where the guy was likely to show up (the criminal's previous hometown, towns of known associates, etc).

Depending on the situation, crimes involved, etc, and the pull of this politician, a few agents or small taskforce might be formed to track him down. Likely FBI/marshals, unless it involves foreign nationals or military assets, in which case it may be another agency tasked with hunting him down. Said agents/group would then have control over where the photos were sent.

Something to consider: what is distinctive enough about this guy that a cop would see him and still remember his face months later?

If the criminal is sufficiently wealthy/famous/infamous, it could show up on the local news (or regional or national) that he is "still at large" or something. Your cop could see a photo that way, possibly while visiting relatives (or something) and thus outside the area where he actually saw the guy.

ironmikezero
02-09-2015, 09:58 PM
If the police officer saw the original BOLO (Be On the LookOut) issued when the warrant was entered into NCIC, he may later see someone who seems familiar for some vague yet suspicious reason. He may have seen a photo on a wanted poster hanging in the squad room (yes, agencies still issue wanted posters). The poster lists many things (ID info, cautions, NCIC reference number, contact links, etc.). He need only make a phone call to the case agent to access everything he needs to follow up with further investigation. Posters stay active until the subject is arrested or the warrant is withdrawn.

Political pressure on a US Attorney is typical - an unwritten norm of the job description. Managing the media and subsequent public opinion is all part of it, but not as much of an issue as elected officials perpetually feel. As appointees, US Attorneys can deflect most undue influence from local elected officials - of course, congressmen & senators can be a slightly different story (as well as their boss, the US Attorney General).