|
MONEY
This is to inform all former patients of Dr. Lauersen
that his practice is CLOSED.Please do not give
any money to Nuala Connor a.k.a Nuala Connor Robinson.We
have been advised by Dr. Lauersen's counsel that
funds previously collected by Nuala Connor a.k.a
Nuala Connor Robinson did not go to pay any of
Dr. Lauersens lawyers or legal bills.
In
Dr. Lauersen's communications he has informed
us that NONE OF HIS LEGAL FEES WERE PAID BY "THE
COALITION".
We have been informed by counsel as a result of
the Patriot Act the government can take any moneys
put into a lawyers IOLA account, personal account
or any individuals bank account. The story with
collecting money is that because restitution is
owned, the government has first claim , so if I
or anyone takes gifts and deposits those gift monies
into any bank account and then uses those monies
to pay a lawyer for example, the government has
the right to force the person whose name appears
on the bank account to repay the government the
amount they paid to the lawyer claiming it is restitution
moneys. Why no one before answered such a simple
question is beyond me.
This
means that anyone representing any organization
regardless of who they say they represent will
become legally responsible to repay any amounts
they collected in Dr. Lauersen's behalf to the
U.S. government. Ignoring this information and
gifting money could result in the giftor being
accused of "Conscious Avoidance".
Doctrine of Conscious Avoidance
The
doctrine of conscious avoidance can play a key
role as it is applied in conspiracy cases and
other civil & criminal cases. The doctrine
of conscious avoidance, also known as deliberate
ignorance or willful blindness, has its roots in
the 19th-century English legal system. See Ira
P. Robbins, The Ostrich Instruction: Deliberate
Ignorance as a Criminal Mens Rea, 81 J. Crim. L. & Criminology
191, 196-197 (1990). According to one scholarly
treatise; A court can properly find willful blindness
only where it can almost be said that the defendant
actually knew. He suspected the fact; he realised
its probability;but he refrained from obtaining
the final confirmation because he wanted in the
event to be able to deny knowledge. This, and this
alone, is willful blindness. Glanville Williams,
Criminal Law: The General Part § 57,
at 159 (2d ed. 1961).
While not without detractors, the doctrine has
found fertile ground in this country where it has
taken root. We believe it is a practical necessity
given the ease with which a defendant could otherwise
escape justice by deliberately refusing to confirm
the existence of one or more facts that he believes
to be true. Robbins, supra, at 192-93, 196-202.
In
Leary v. United States, 395 U.S. 6 (1969), the
Supreme Court articulated the modern doctrine
of conscious avoidance by reference to the Model
Penal Code. In Leary, the Court reasoned that,
in addition to actual knowledge, a defendant can
also be said to know a fact if he "is aware
of a high probability of its existence, unless
he actually believes that it does not exist." Id.
at 46 n.93. Several years later, the Ninth Circuit
had occasion to explain more thoroughly the influence
of the Model Penal Code on the doctrine of conscious
avoidance, finding that[t]he substantive justification
for the rule is that deliberate ignorance and positive
knowledge are equally culpable.The textual justification
is that in common understanding one "knows" facts
of which he is less than absolutely certain. To
act "knowingly," therefore, is not necessarily
to act only with positive knowledge, but also to
act with an awareness of the high probability of
the existence of the fact in question. When such
awareness is present, "positive" knowledge
is not required. This is the analysis adopted in
the Model Penal Code. United States v. Jewell,
532 F.2d 697, 700 (9th Cir. 1976) (en banc).
In conformity with this view, precedents establish
that the doctrine may be invoked to prove defendant
had knowledge of the unlawful conspiracy. But we
do not permit the doctrine to be used to prove
a knowing intent to participate in a conspiracy.
The reason for this distinction is that common
sense teaches it is logically impossible to intend
and knowingly agree to join a conspiracy if a defendant
does not know of its existence. Mankani, 738 F.2d
at 547 n.1. Yet once defendant's participation
in a conspiracy has been proved, conscious avoidance
may properly be used to prove his knowledge of
its unlawful objectives.
From U.S.A. v. Reyes
|