Jim Bell Complaint

We offer the May 16 complaint against Jim Bell:

   http://jya.com/jimbell3.htm

The complaint draws upon previous search warrants 
at Greg Broiles's site:

   http://www.parrhesia.com/jimbell/

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In <1.5.4.32.19970523233752.00988164@pop.pipeline.com>, on 05/23/97 
   at 05:37 PM, John Young <jya@pipeline.com> said:

>We offer the May 16 complaint against Jim Bell:

>   http://jya.com/jimbell3.htm

After reading the complainant I have to say that with friends like that
who needs enemies?

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WIlliam H. Geiger III wrote:

: After reading the complainant I have to say that with friends like that
: who needs enemies? 

Let's see.  The only specific acts that are alleged are that Bell obtained
names and addresses of IRS employees, that he twice conducted a high
school type prank involving mercaptan, and that he used invented SS
numbers to avoid paying taxes.  SS numbers being those things the
government swore up and down would never be used to identify citizens, and
which are now required on all banking documents. 

Aside from these alleged events, everything else in the document is either
hysterical hyperbole, or innuendo concerning Bell's feelings about the
government, his interest in guerrilla warfare technology, or what
chemistry experiments he may or may not have performed. 

I hardly think the government is in any danger of being "overthrown" by
Mr. Bell.  It is patently absurd to suggest that a military and political
superpower which can project force to any part of the planet almost
instantly with virtually no fear of consequences is going to crumble at
the hands of one individual armed with a stinky chemical and an attitude. 

Any prosecution of Bell is just an attempt to frighten other sheeple
holding similar sentiments into silence. 

--
     Mike Duvos         $    PGP 2.6 Public Key available     $
     mpd@netcom.com     $    via Finger.                      $

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At 06:58 PM 5/23/97 -0700, Tim May wrote:
>
>So, I think Bell is in serious trouble on several charges: the tax evasion
>charges, the SS number charges (which may be subsumed in the tax charges),
>and the "stink bomb" charges.
>
>The other various claims and charges in the complaint, things like the
>anti-government essays and the "assault" rifles found, don't seem likely to
>go anywhere.

Agreed.  As we all know, tax evasion charges have been used by the IRS when
the FBI has felt that it is unable to prove other charges.  Its use against
organized crime is a prime example.

While I do not practice in Fed'l courts, in state courts the specific statute
that a defendant is accused of violating must be cited.  Hence, since I am
not familiar with federal complaints, I did note with curiousity that Bell's
complaint specifically cites statutes that Bell allegedly violated regarding
the SS number charges and the failure to file income tax returns.  Perhaps,
the other acts, wherein no specific statutes are alleged to have been
violated, are mentioned as a means to make a showing that Bell is a danger to
the community and, therefore, a factor for asking the magistrate to set no
bail.

>Whether disappointingly or with relief, I noticed no mention of
>"Cypherpunks," a name which surely would have been scattered amongst the
>various documents on his computer.

I would be, however, very surprised if it was *not* "scattered amongst the
various documents on his computer."

>We'll see what comes up during the trial.

If there is one.  As you stated above and IMHO based upon what I have read,
the IRS has a strong case regarding the SS numbers/tax evasion charges.  This
matter may very well be resolved via a plea bargain.

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*********************************************************
Lynne L. Harrison, Esq.       |    "The key to life:
Poughkeepsie, New York        |     - Get up;
lharrison@mhv.net             |     - Survive;
http://www.dueprocess.com     |     - Go to bed."
************************************************************

DISCLAIMER:  I am not your attorney; you are not my client.
             Accordingly, the above is *NOT* legal advice.

On Sat, May 24, 1997 at 12:48:52AM -0400, Lynne L. Harrison wrote:
[...]
>Agreed.  As we all know, tax evasion charges have been used by the IRS when
>the FBI has felt that it is unable to prove other charges.  Its use against
>organized crime is a prime example.

IANAL, but in this case it looks like the IRS was involved from the 
beginning. 

[...]
>the SS number charges and the failure to file income tax returns.  Perhaps,
>the other acts, wherein no specific statutes are alleged to have been
>violated, are mentioned as a means to make a showing that Bell is a danger to
>the community and, therefore, a factor for asking the magistrate to set no
>bail.

And to establish motive.

Is it perhaps possible that, since the charge includes the idea of
"interfering" with the IRS, that there was an element of
"intimidation", and so on, that there may be specific clauses in the
statute cited that may have bearing?

[...]

>If there is one.  As you stated above and IMHO based upon what I have read,
>the IRS has a strong case regarding the SS numbers/tax evasion charges.  This
>matter may very well be resolved via a plea bargain.

It also seems to me that the IRS has a potentially strong case.  Given
that, what would be Bell's likely sentence, and how much could he
reduce it with a plea bargain? It certainly seems like the
weapons/AP/poison_gas/sabatoge stuff makes it *much* harder for him to
plea bargain (which may be why it is there). 

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com			the thief he kindly spoke...
PGP fingerprint:   B1 8B 72 ED 55 21 5E 44  61 F4 58 0F 72 10 65 55
http://songbird.com/kent/pgp_key.html

At 7:28 PM -0500 5/23/97, William H. Geiger III wrote:
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>
>In <1.5.4.32.19970523233752.00988164@pop.pipeline.com>, on 05/23/97
>   at 05:37 PM, John Young <jya@pipeline.com> said:
>
>>We offer the May 16 complaint against Jim Bell:
>
>>   http://jya.com/jimbell3.htm
>
>After reading the complainant I have to say that with friends like that
>who needs enemies?

Not clear whom you mean...do you mean with friends like Bell, who needs
enemies? Or do you mean, with friends like East and Daly, for Bell, who
needs enemies?

I was spellbound by the complaint John Young made available. It was, at the
least, very clearly written and extremely interesting to read.

We have focussed our comments on the charges related to Bell's essays, esp.
his "Assassination Politics" stuff. I remain convinced that no charges per
se will be successfully prosecuted on these writings.

Whether he planted stink bombs, and what that means, is another matter. (I
have to be honest and admit that it sure does look convincing to me that he
planned the stink bomb attacks, executed them, and then bragged to friends
that he'd gotten revenge. And I expect a jury to be similarly convinced.)

However, I think they're going to have a real hard time proving that an
interest in castor beans and ricin means that a *fatal* attack was planned.
Having read Bell's stuff, off and on, for more than a year and a half, I
just don't see the guy spreading botulism or ricin or Sarin. And proving
future plans, as opposed to actual past events, is tough.

The Social Security Numbers thing seems like a slam dunk to prove. Two of
the numbers differ by only digit (501 and 510). While this is a standard
ploy, based on my c. 1974 involvement in some libertarian tax avoidance
seminars, to "throw off" computers, it is also arguably a natural mistake,
a simple transposition of two digits. However, several of the numbers are
wildly different...the Hamming distance is such that the only explanation
is deliberate intent.

So, I think Bell is in serious trouble on several charges: the tax evasion
charges, the SS number charges (which may be subsumed in the tax charges),
and the "stink bomb" charges.

The other various claims and charges in the complaint, things like the
anti-government essays and the "assault" rifles found, don't seem likely to
go anywhere.

The "plotting to poison the water supply and drop carbon fibers down air
shafts" charges sound sensational. Indeed, Bell went further in terms of
buying stuff than I would have (or ever have), but this may have been
technical curiousity.

In any case, I expect it will be hard to prove a "might have," as opposed
to a "did."

Whether disappointingly or with relief, I noticed no mention of
"Cypherpunks," a name which surely would have been scattered amongst the
various documents on his computer. We'll see what comes up during the trial.

--Tim May

There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."

At 07:37 PM 5/23/97 -0400, John Young wrote: 
>We offer the May 16 complaint against Jim Bell: 
> 
>   http://jya.com/jimbell3.htm 
> 
>The complaint draws upon previous search warrants 
>at Greg Broiles's site: 
> 
>   http://www.parrhesia.com/jimbell/ 

"Beginning at a time unknown, and continuing to the present, at Vancouver, within the Western District of Washington and elsewhere, JAMES DALTON BELL did corruptly obstruct and impede and endeavor to obstruct and impede the due administration of the internal revenue laws, among other things, by collecting the names and home addresses of agents and employees of the Internal Revenue Service ("IRS") in order to intimidate them in the performance of their official functions;"

Maybe he just wanted their addresses so he could "petition the government for redress of greivances."  Isn't it legal to picket the homes of government employees?

DCF

>"Beginning at a time unknown, and continuing to the present, at Vancouver,
>within the Western District of Washington and elsewhere, JAMES DALTON BELL
>did corruptly obstruct and impede and endeavor to obstruct and impede the
>due administration of the internal revenue laws, among other things, by
>collecting the names and home addresses of agents and employees of the
>Internal Revenue Service ("IRS") in order to intimidate them in the
>performance of their official functions;"

It seems Jim was a might careless leaving sensitive information lying
around unencrypted.  If true he deserves to serve time for criminal
stupidity.

--Steve