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Ms. Wheeless:
Before publishing the next post to the Solari Action Network, I would like
to confirm
DynCorp's position:
1. Re: Winokur's holdings in DynCorp; see prior e-mail --- I have had no
response.
2. Re: DynCorp's retention of Arthur Anderson given Winokur's statements in
testimony regarding AA's performance on Enron -- I believe Scoop Media asked
these questions and has not had a response to my knowledge.
3. Based on your motion to dismiss the lawsuit filed by the Ecudorians,
whether the costs of this filing are directly or indirectly being charged
back to the government, and if these costs are being charged to the
taxpayers, how much we are paying.
4. I would welcome a comment from you regarding DynCorp's corporate policy,
if any, as to whether Congress has the authority to authorize private
corporations to legally engage in genocide. The US statue on genocide is
linked below for your information.
Regarding Ms. Crecraft's question to me re: the harm or destruction of
employee owned companies, I thought if Mr. Cheek was still at DynCorp, he
might be able help you understand how very much I believe in not wrongfully
destroying employee owned equity value for companies that create value and
operate within the rule of law.
Thank you for your attention to this matter.
Catherine Austin Fitts
Solari
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-----Original Message-----
Subject: Dyncorp's complete motion to dismiss lawsuit by Ecuadorians
posted by Preston Peet
[EMAIL PROTECTED]
http://www.drugwar.com/pdyncorpMotiontodismiss.shtm
Editor's note- Due to original format of this document, some words and
legalese may have been slightly misspelled during translation and
converstion to this format. Click here to read this document in its original
1.83mb pdf format. (Or right-click and choose 'save target as', Adobe
Acrobat required.)
Dyncorp's Motion to Dismiss Lawsuit Against Them for Poisonous Spraying of
Ecuadorian Indians
----------------------------------------------------------------------------
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Venacio Aguasanta Arias, et al. )
)
Plaintiffs, )
) Case Number 1:01CV01908 (RWR)
v. )
) Judge: Richard W. Roberts
DynCorp, el al., )
) ORAL ARGUMENT REQUESTED
Defendants. )
DYNCORP INTERNATIONAL'S MOTION TO DISMISS
PURSUANT TO FRCP 12(b)(1) AND 12(b)(6) OR,
IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT
Defendants DynCorp, et al. ("DynCorp International") hereby move this Court
to dismiss
this action pursuant to FRCP 12(b), or in the alternative, pursuant to FRCP
56. Plaintiffs'
complaint challenges foreign policy and national security determinations of
the executive and
legislative branches and seeks to impose liability on DynCorp International
for conduct expressly
authorized by Congress and specifically dictated by the Department of State
under the terms of
DynCorp International's government contract. The proper forums for
plaintiffs' complaints arc in
the Congress and before the Executive branch, and their attempt to drag the
judiciary into these
matters should be rejected.
snip- LOTS MORE PAGES FOLLOW THIS at ABOVE URL
--------------
US CODE COLLECTION
http://www4.law.cornell.edu/uscode/images/sp.gif> [to US Code home]
http://www4.law.cornell.edu/uscode/images/sp.gif>
TITLE 18 > PART I > CHAPTER 50A > Sec. 1091. Next
Sec. 1091. - Genocide
(a) Basic Offense. -
Whoever, whether in time of peace or in time of war, in a circumstance
described in subsection (d) and with the specific intent to destroy, in
whole or in substantial part, a national, ethnic, racial, or religious group
as such -
(1)
kills members of that group;
(2)
causes serious bodily injury to members of that group;
(3)
causes the permanent impairment of the mental faculties of members of the
group through drugs, torture, or similar techniques;
(4)
subjects the group to conditions of life that are intended to cause the
physical destruction of the group in whole or in part;
(5)
imposes measures intended to prevent births within the group; or
(6)
transfers by force children of the group to another group;
or attempts to do so, shall be punished as provided in subsection (b).
(b) Punishment for Basic Offense. -
The punishment for an offense under subsection (a) is -
(1)
in the case of an offense under subsection (a)(1),, life and a fine of not
more than $1,000,000, or both; and
(2)
a fine of not more than $1,000,000 or imprisonment for not more than twenty
years, or both, in any other case.
(c) Incitement Offense. -
Whoever in a circumstance described in subsection (d) directly and publicly
incites another to violate subsection (a) shall be fined not more than
$500,000 or imprisoned not more than five years, or both.
(d) Required Circumstance for Offenses. -
The circumstance referred to in subsections (a) and (c) is that -
(1)
the offense is committed within the United States; or
(2)
the alleged offender is a national of the United States (as defined in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(e) Nonapplicability of Certain Limitations. -
Notwithstanding section 3282 of this title, in the case of an offense under
subsection (a)(1), an indictment may be found, or information instituted, at
any time without limitation.
[1] where death results, by death or imprisonment for
[1] So in original.
Search this title:
Notes
Updates
Parallel authorities (CFR)
Topical references
Next
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