📄 the price of copyright violation.txt
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Well, as I stated, that's the statement I wrote, but was later advised not to read, because the government doesn't like you to say bad things about them. I was charged with copyright violation which carries a maxi- mum of one year in jail. A charge of, what is called, structuring which carries 5 years max was added, which says any money transactions you do, can't look as if you intend to not pay taxes, whether you intend to or not. And a final charge of money laundering which carries 20 years in prison max, because I bought things with my money, even though most of it came from my checking account, and into my checking account legally, and was on bank records. For you intellectuals interested in the law, here are the charges, and the laws supporting them: * * * * * * THE CHARGES LEVIED ------------------ COUNT 1 - Money Laundering of Monetary Instruments: That from on or about October 1988, up to and including July 17, 1990, in the Southern District of Ohio, Dennis W Hayes, did knowingly, willfully and with intent to engage in conduct constituting an attempt to or evade or defeat payment of income tax (Ref 7201), conduct and cause to be con- ducted, financial transactions affecting interstate commerce, knowing said financial transactions were conducted with property, to wit: United States currency, and checks that were the proceeds of specific unlawful activity, that being the infringement of a copyright. This is a violation of USC 1956(a)(1)(A). Ref: 7201 Attempt to evade or defeat tax (I wasn't charg- ed with this). Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon convic- tion thereof, shall be fined not more than $100,000.00, or imprisoned not more than 5 years, or both, together with court costs of prosecution. Ref: 18 USC 1956(a)(1)(A) Laundering of monetary instruments. Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified activity with the intent to promote the carrying on of specified unlawful activity, or with intent to engage in conduct constituting an attempt to evade or defeat payment of income tax, shall be sentenced to a fine of not more than $500,000.00 or twice the value of the property involved in the transaction, whichever is greater, or imprisoned for not more than twenty years, or both. Comment: This is one of the laws pushed through under the excuse that we need to stop the drug dealing gangsters. It's even under the controlled substance act. But we see where they use it. In other words if you make illegal money, it's one violation, and if you do anything with the money you make, it's a greater violation. It's interesting that an attempt to evade or defeat the tax carries only 5 years, but looking as if you might not pay your taxes carries 20 years. Actually I've found that actually not paying it (IRS Code 7202) also only carries a 5 year sentence. * * * * * * COUNT 2 - Copyright Infringement: From on or about October 1988, up to and including July 17, 1990, in the southern district of Ohio, the defendant, Dennis W. Hayes, did will- fully and for the purpose of commercial advantage and private financial gain infringe the copyright of Apple Computer Inc. of Cupertino, Califor- nia #TX1640052 protecting the computer program stored on a 128K ROM com- puter chip, in that the defendant, Dennis W. Hayes, did cause the pro- tected computer program to be copied onto blank computer chips, without authorization of the copyright holder, in violation of Title 17 USC 506(a) and Title 18 USC 2319(b)(3) Ref: Title 17 USC 506(a) Copyright infrin- gement. Any person who infringes a copyright willfully and for purpose of commercial advantage or private financial gain shall be fined not more than $10,000.00 or imprisoned for not more than one year, or both. Comment: This one I'm obviously both morally, and legally guilty of, even though I was told I could only be sued by Apple. * * * * * * COUNT 3 - Structuring Transactions to Evade Reporting Requirements: On and between June 8 and June 29, 1990, in the Southern District of Ohio, the defendant, Dennis W Hayes, for the purpose of evading the repor- ting requirements of USC 5313(a) requiring domestic financial institutions to report currency transactions of $10,000.00 or more to the United States Department of Treasury, did knowingly, willfully and intentionally struc- ture and assist in structuring a transaction with one or more domestic financial institutions in that the defendant, Dennis W. Hayes, purchased and caused to be purchased with United States Currency, four cashier's checks in the amount of $9,000.00 each, payable to the Union Bank of Switzerland, in violation of 31 USC 5324, and 5322(a). Ref: 31 USC 5324 Structuring transactions to evade reporting requirement. No person shall for the purpose of evading the reporting requirements of section 5313(a) with respect to such transaction structure or assist in structuring, or attempt to structure or assist in structuring, any tran- saction with one or more domestic financial institutions. Ref: 31 USC 5322(a) Criminal penalties; A person willfully violating this subchapter or a regulation prescribed under this subchapter shall be fined not more than $250,000.00, imprisoned for not more than one year, or both. Comment: To make a law that you have to tell the government about all your financial transactions whether you pay your taxes or not, sure seems like a violation of the Constitutional right to privacy. But from a moral point of view it's not a bad law, as long as the information is used fairly and evenly, but if past history is any indication, and as in this case, it will be used as a means to increase the sentence for a crime above what the creators of the primary violated law intended when they laid down the sentence for the violation, and any other purpose which suits the governments needs. * * * * * * The following is the statement of damages from the Pre-Sentence Investiga- tion report: The primary victim in this case is the Apple Computer Company. How- ever, the impact on Apple is unknown and may never be quantified. Accor- ding to a representative from Apple's legal department, the defendant's behavior is not widespread. Nevertheless, Mr. Mark Aaker, attorney for Apple, suggested for each counterfeit part that Hayes sold, potentially represents one MacIntosh computer not sold by Apple. The attorney was quick to point out, However, that he was unable to produce the percentage of those individuals who would have spent over $2000.00 for a MacIntosh computer had they not had the opportunity to buy the defendant's relative- ly cheap set of computer chips that would "convert the purchaser's inex- pensive computer" into one as powerful as the MacIntosh. A second victim impact expressed by the attorney for Apple concerned the fact that Hayes has virtually flooded the market with his fake com- puter chips. As a result, this may cause Apple a severe service problem in the future when individuals, thinking they have actual Apple computer chips, begin to send the faulty ones in to Apple for warranty work. Mr. Aaker indicated that at present such losses cannot be estimated. Finally, Mr. Aaker related that the primary harm caused by Hayes was that he provided an opportunity for others to do the same thing, and therefore, advanced "the bad intent of others and facilitated additional fraud." The US Government was a secondary victim because of lost tax revenue due to the income generated by Hayes. The government, however, has not charged Hayes with any tax violations. Comment: They admit they don't know if there were any damages to Apple except that if I get away with what I did someone else might do the same, or that Apple might worry about repairing a part that only cost them one dollar. And I really don't understand how the government was damaged, since they didn't wait to see if I was going to pay my taxes or not, and they took over $300,000.00 from me, which left me broke. I'd say they were the winners. * * * * * * Hayes Summation =============== In the past few months, I've seen so many laws like these, which the average person doesn't know about, that when I now hear a person say, I'm doing nothing wrong, they can't get me for anything, I start to feel sick. To summarize, the lawmakers of this country are passing laws, under false pretenses, in an attempt to drastically increase the penalties. Thereby circumventing the penalties written into the original laws, for violations of these original laws. Then in an attempt to make the application of these laws fair, they are then structuring the application, to suppress the normal human moral opinions of both the law enforcers, and defendants, while at the same time, using these same opinions to pass and enforce these very same laws. Your guilt and sentence is now decided by the prosecution, who decides what you are charged with, with a little adjustment for your past history, and how much you are willing to help them nail (accuse & convict) others. And with a big adjustment for your wealth and popularity. And the democr- atic controls of appeal are by-passed, by their unaccountability. The only hope you have is to get your attorney to attempt to negotiate the sentence down from the 1000 year sentence you start with. And you are supposed to feel satisfied with a big reduction to 26 years max on a charge that should have had a max of 1 to 5 years to start with. The investigators are just doing their job, and the judge then has to follow guidelines he may not even agree with. Give it a few more years, and we can replace the judge with a computer. You will never be able to replace the system with a computer however. If you did, it would charge everyone with every law they violated, and over 75% of the population would be sentenced to over 1000 years in jail, and the average life span isn't up to that point yet. They look around, and say, but we are making life better for everyone. No, they are making life better for the people who can hire a team of attorneys to gui
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