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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi-The FBI in Chicago has told me that evidence I submitted

Resolved Question:

Hi-The FBI in Chicago has told me that evidence I submitted to them revealed that the situation I described "Should be in federal civil court." Simply stated, the Chicago Teachers Union is acting in concert with the Illinois Educational Labor Relations Board to deprive union members/teachers their U.S. Supreme Court mandated right to be fairly represented by their unions. This is a plot designed to keep unions from ever having to provide funding and legal assistance to teachers when their rights are infringed by unscrupulous school adminstrations. My question to you is: What would the charges be if the FBI (federal govt) ever get around to filing charges? Please list all possible charges. Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am sorry for your situation. If the FBI feels that this matter is for the civil court, then the federal prosecutor may never charge said individuals. But, if we were to hypothesize that criminal charges were to be filed, the following is a possibility - the U.S. Code has general statutes for this that are applied to specific situations such as yours:

Violation: Title 18, U.S.C., Section 241, Conspiracy Against Rights
Description: This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
Punishment: Up to ten years imprisonment and/or a fine.

Violation: Title 18, U.S.C., Section 242, Deprivation of Rights Under Color of Law
Description: This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment: A fine and up to one year imprisonment.

Also, you may have a civil action as the FBI stated:

Violation: Title 18, U.S.C., Section 1983, civil action for deprivation of rights.
Description: A person whose rights have been deprived can sue the responsible party in civil court.
Relief: injunctive relief and monetary judgment.

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Customer: replied 1 year ago.

Ely-Is "conspiracy against rights" criminal in nature? I am told the FBI does not file simple civil rights suits and cases must be criminal in nature. I am trying to get them to see this case is criminal in nature. This is not about me per se, it is about union members throughout Illinois being deprived of their right to be fairly represented and this seems like it is criminal since it is obvious the saved funds go to union agendas, like getting favored politicians elected.

Expert:  Ely replied 1 year ago.
Ely-Is "conspiracy against rights" criminal in nature?

Yes, although you may also use Sec. 1983 to pursue this wrongful action in a civil case as well.

I am told the FBI does not file simple civil rights suits and cases must be criminal in nature.

Correct. Once the FBI investigates, then it is up to the federal prosecutor to move with the case or not in criminal court. I am afraid that sometimes, they decline charges, either for (1) lack of evidence, or (2) full docket, or (3) whatever else.

I am trying to get them to see this case is criminal in nature. This is not about me per se, it is about union members throughout Illinois being deprived of their right to be fairly represented and this seems like it is criminal since it is obvious the saved funds go to union agendas, like getting favored politicians elected.

While this may be going a little overboard, if you are adamant, the decision to charge is actually made not by the FBI but by the United States Attorneys' Office:

http://www.justice.gov/usao/

Contact them in your Illinois district (they have north, south, etc for Illinois) and see if they find this of interest to pursue...

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.

Ely,I was glad to hear that "conspiracy against rights" is criminal in nature because I think this is what this case is all about. The union and the IELRB act in concert to deny union members their rights to be fairly represented in order to not have to file expensive law suits. This helps keep the crooked unions in Illinois to keep their coffers healthy. I already reported the case to the U.S. Attorney and he referred me to the FBI. The FBI has called me several times and recently asked me to be more specific in my evidence, name names and detail acts I know that are helping to deprive union members of their rights. The union has not provided fair representation for over 25 years and the IELRB dismisses EVERY case for fair rep that comes to it. Does this sound like to you it is a criminal case that the FBI should prosecute? Any other suggestions as to how I can get the FBI to file these criminal charges and not stall me by always telling me this is a civil rights case and not criminal. Frankly, I think they are stalling for time to complete an investigation and I will be disappointed if indictments don't come down soon.

Expert:  Ely replied 1 year ago.
Apologies for the wait, friend.

"The FBI has called me several times and recently asked me to be more specific in my evidence, name names and detail acts I know that are helping to deprive union members of their rights. "

At least they did show some interest, which is good.

"Does this sound like to you it is a criminal case that the FBI should prosecute?"

Yes, it does. However, like I said, it is up to the U.S. Attorney (i.e. federal prosecutor) to make this decision, and they may decide not to, I am afraid).

Any other suggestions as to how I can get the FBI to file these criminal charges and not stall me by always telling me this is a civil rights case and not criminal. Frankly, I think they are stalling for time to complete an investigation and I will be disappointed if indictments don't come down soon.

Get an attorney to advocate for you, so they can use possibly help to navigate the system to make the request more pressing. Perhaps, go to the media and then leave the authorities little choice but to act? But if you do, be careful, and make sure to be able to back up your statements, lest you be sued for defamation.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.

Ely-You have been very kind and helpful- Just a couple more things and I will sign off as a happy client. Why would the feds decide not to file charges in a case that is fueling union power and corruption in Illinois? You said to "get an attorney" I have refused to hire an attorney because I always believed that we did not have to pay for our rights. The FBI spokesman just told me to get more publicity and that might spur the feds he works for to file charges. A Chicago Tribune investigative reporter is coming to my house on Monday to see my documents and I hope he will help me in exposing this case. I have documents where I think these crooks have indicted themselves and think I know how to stay away from defamation. It has been a problem for me all these years because I just don't think we should have to pay to have our rights defended. Where does it state that in the Constitution? I am deathly afraid now that there are many politicians and people in federal agencies who believe that certain rights must be paid for. Please answer/comment and I will not write back and, as stated, I will sign off as a happy camper. Thanks. Respectfully,


Norman Jones, Ed. D. Look up my books on Amazon.com, they make great stocking stuffers at Christmas.

Expert:  Ely replied 1 year ago.
Hello friend,

No worries - please ask as much as you need to - this is why I am here. I did not mean to be pushy. The signature stamp is standard; I will leave it off for now.

Why would the feds decide not to file charges in a case that is fueling union power and corruption in Illinois?

I cannot answer this. The prosecutor may simply have a lot on their plate, or, they may not feel that they can make a case beyond a reasonable doubt, or, some other reason. It is not unusual to decline charges. But, it is up to them.

You said to "get an attorney" I have refused to hire an attorney because I always believed that we did not have to pay for our rights. The FBI spokesman just told me to get more publicity and that might spur the feds he works for to file charges.

The very same thing that I told you here - go to the media, and that may pressure the prosecutor.

Where does it state that in the Constitution?

I am afraid it does not. If it did, then all attorneys would be out of a job. Which would make an ideal world, but, we do not live in one...

Yours,

Ely.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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