In pursuing this matter, I have found that the Attorney General's representatives act as "legal counsel" to these offenders and defends them, rather than prosecute, and there is no one else who can help. As a Veteran, I am totally appalled at the conduct and recklessness of the BLM, Inspector General, Dept. of Interior, and Attorney General. It is their inherent duty to report fraud, waste, and abuse, and nobody I have encountered in government seems to care, or given my claims any consideration.
The following crimes have been committed against me and so far NOBODY in government will hold the BLM accountable, they consist of
TAKINGS
CIVIL RIGHTS VIOLATIONS
PROSECUTIONAL MISCONDUCT
MAIL FRAUD
LYING TO THE INSPECTOR GENERAL
By virtue of IBLA (INTERIOR BOARD OF LAND APPEALS) decision
Ray Rothbard, 137 IBLA 159 (1996)
"The B.L.M. lacked authority to issue a notice to cease and desist mining operations under 43 CFR 3809.3-2, because such action required an appropriate court order, which had not been obtained."
These are the civil rights violations they have NOT been prosecuted for:
42 USC 1983, deprivation of civil rights
42 USC 1985, conspiracy to interfere with civil rights
42 USC 1986, action for neglect to prevent abuse
42 USC 1987, prosecution for violations of civil laws
18 USC 241, conspiracy against civil rights
18 USC 242, deprivation of rights under color of law
18 USC 1341, Mail Fraud
18 USC 152, knowingly making false declarations
18 USC 1001, knowingly submitting false statements
18 USC 1962(d), conspiracy
31 USC 3802, liability for false claims and statements
43 CFR 20.735, fraud or fraudulent statements
On 7/23/97 I filed a complaint for damages with the Office of Hearings and Appeals (Arlington office), based on their decision that i was illegally shut down, which was denied, as well as 2 other tort claims previously filed with the BLM that were also denied, forcing me to pursue the matter in Federal District Court .
After many phone calls in following up my original March 1994 complaint filed with the Inspector General, I have concluded they will not prosecute their own for fear of proven liability.
The doctine of collateral estoppel states that a conviction (IBLA decision), can be proof of legal liability. The legal term, unjust enrichment states that one should not be allowed to benefit from their own wrongdoing.
In a FOI Request (Freedom of Information Act), I received a four page memo (7 months wait) with the Solicitor's (Marrianne King) response, which was lying to and misleading the Inspector General, in responding to my complaint (which was validated by the IBLA decision). In addition I have 20 fraudulent statements in documents sent to me in bogus threats trying to discourage me from pursuing my rights. My mining activities have been illegally blocked (despite all the violations above). I have found that I cannot resume mining (sand and gravel) since they continue to slander, harass, and intimidate both me and my clients as they remain unprosecuted for the above offenses.
I have documented proof of all of the above allegations.
In pursuing justice against the BLM employees who have committed all of these felonies, the appropriate agency is the Inspector General.
Mike Sedbrook of the IG Colorado office
has told me he is only one of 28 agents
and is too busy to deal with a low priority case such as mine.
Ray Rothbard
54411 Huntington Rd.
Bend, Or. 97707
541 536 1488
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