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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience:  Attorney experienced in numerous areas of law.
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I am a US Citizen, a business owner. I have had crimes committed

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I am a US Citizen, a business owner.

I have had crimes committed against my business which would fall under the jurisdiction of the FBI, however, they have issued a letter stating that I am forbidden from calling any FBI office or US Attorney's Office.

They hang up on me if I call. If local law enforcement asks for their assistance and my name is XXXXX XXXXX refuse to cooperate.

What is going on & what can I do to correct this?
Submitted: 4 years ago.
Category: Legal
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

what are the crimes?

 

Also, which number at the FBI have you been calling?

Customer: replied 4 years ago.

We have a mail order business. Someone was using sophisticated equipment to call our company twice/minute tying up our phone lines so we could not conduct business. Local law enforcement was stumped as was our carrier, Verizon. The calling number was being spoofed as well as the BTN (bill to number). Local law enforcement went to the FBI for assistance and they refused to help because my name was associated with the case.

 

 

The number that I called was the local FBI office.

 

According to the agent, I was sent a letter that I am forbidden from contacting the FBI or the US Attorney's office.

 

Isn't this a violation of my civil rights and the 5th amendment?

Expert:  Brandon M. replied 4 years ago.
Possibly... do you know why the FBI is refusing to assist?
Customer: replied 4 years ago.

I have a bizzare guess, but you would not believe me.

 

 

Most importantly, can the FBI make a blanket "denial of equal protection" to anyone that they choose?

Expert:  Brandon M. replied 4 years ago.

It is possible that I won't believe you about why, but I would still like your guess because it could help me narrow down the options. Even if I end up secretly suspecting that you are a lunatic (so far, I do not), my philosophy is that everyone is entitled to good information, so I will still do the best that I can for you.

Customer: replied 4 years ago.

I can not say. It was nothing involving a felony. More importantly is there anything that would allow the FBI to take this stance.

 

Question: Isn't this a violation of my Constitutional Rights???? Our company has lost a fortune. Do I contact the IG at DOJ. Do I sue?

 

Everything that I say can be substantiated.

 

Expert:  Brandon M. replied 4 years ago.

Hello again:

 

there are reason why a citizen would be prohibited from contacting the FBI; moreover, if a law enforcement agency concludes that a person's complaint is without merit, they are under no obligation to continue communicating with that person on the subject.

 

There are no Constitutional issues at play, but if (in light of the previous paragraph) the bureau is failing to perform their mandate, they (or any other agency) could hypothetically be compelled to take action through a writ of mandamus.

 

My opinion is that if you have a law enforcement matter that is not being heard by one agency, it is definitely possible that there is concurrent jurisdiction with other agencies; if you can get the DOJ to intervene, go for it.

 

Let me know if I may be of further assistance. Thank you.

Customer: replied 4 years ago.

I am not the one that called the FBI for assistance. It was the local police force that called them for assistance. Whether or not my case had merit, was not an issue to the FBI. The issue was that my name was associated with the complaint. How does that make this a case with no merit?

 

Why would the FBI refuse to take a case which obviously had merit?

 

I called the FBI at the suggestion of the Chief of the County of Santa Barbara Sheriff's Department. I was treated like a pariah. I was told never to call the FBI again.

 

Why?????

Expert:  Brandon M. replied 4 years ago.

I understand that local police directed you to the FBI. Nonetheless, there are reasons why a citizen might be prohibited from contacting the agency. For example, if I engaged in a campaign of harassment against the FBI, they would be well within their rights to treat me like they have treated you (even if my case had merit). I am not suggesting that this is why they are treating you like this, but there are several plausible and legal reasons that could yield this result.

 

I realize that this may not be what you had wanted to hear, but I do hope that you understand my philosophy that I cannot help people unless I respect them enough to give them the truth, regardless of whether it is "good" news or "bad" news. I am still hoping to learn more about the situation, I will give you whatever I can based on what I have to work with here. Let me know if I may be of further assistance.

 

Customer: replied 4 years ago.

It is not a case of harassment. I cannot say more. Can there be any other reasons other than harassment or bringing a case with no perceived merit or not meeting their threshold for investigation.

 

If someone can shut down a company's phone system by telephonic denial of service and the carrier cannot fix the problem, just imagine what could be done?

 

 

Expert:  Brandon M. replied 4 years ago.

Yes, there can be reasons other than harassment. If there were other reasons, the black-listed person would ordinarily have an idea of what their specific reasons were. This is not to say that there are illegal reasons to be blacklisted, but I cannot tell you whether your hypothetical reason is a legal basis or not since I do not know what it is.

 

I would again emphasize that law enforcement generally does have a mandate to enforce the laws over which they have jurisdiction, and a writ of mandamus is the tool for the court's intervention when a governmental entity willfully fails to perform their duty. I can't make law enforcement do their job, but the courts can.

 

 



Edited by B. T. Mayer, Counselor at Law on 5/1/2010 at 3:55 AM EST
Customer: replied 4 years ago.
refusal to participate in domestic spying prior to Patriot Act
Expert:  Brandon M. replied 4 years ago.

That, by itself, would not be a valid reason--but it would explain what has happened. If it was me, my next step would be to contact my Congressman's office.

 

If you wanted to go through the courts, the route is a writ of mandamus or an action under 42 U.S.C. 1983. A civil litigation attorney would be able to help with either.

Customer: replied 4 years ago.

Contacting my Congressmen's office is a waste of time.

 

Do the remedies you suggest provide any financial restitution? e.g. could the case be taken on contingency?

 

You are being very helpful and patient.

Expert:  Brandon M. replied 4 years ago.
There would be restitution under a 42 USC 1983 case. Some firms will take those types of cases on a contingency basis, but they usually want to feel like there is a strong case before they consider doing that.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience: Attorney experienced in numerous areas of law.
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