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10-21-2013, 09:28 PM
(This post was last modified: 09-01-2022, 01:02 AM by Fearless Community.
Edit Reason: Fixed Encoding
)
Estleback Corporation v. Ministry of Peace
G.Mod. GC: Fearless Roleplay (FL or FL:RP) - Case 0001
Zaeed, Secretary General of Legal Affairs, Ministry of Peace
v.
Dominic “Instinct” Stevens, Agent, Estleback Corporation
ONGOING CASE
_____________________________________________________________________
The Commonwealth of Evocity is hereby protected under the constitution and federal jurisdiction of the United States of America, as a territory which falls under federal law applied by the United States Supreme Court.
The citizens of the Commonwealth, are not only U.S. Citizens as defined by Jones-Shafroth Act of March 2nd, 1917, but also dependants of the Constitution of the United States of America, by birth-right, as defined by the 14th Amendment, and the U.S. Supreme Court, United States v. Wong Kim Ark.
It’s within these jurisdictions that we find the Ministry of Peace within no legal right to demand financial compensation without first going through the United States Supreme Court, as well as the United States Congress, and finally the current political regime on the Commonwealth of Evocity.
These requirements are to be fulfilled within respect of the Constitution of the United States of America, and more noticeably to respectfully acknowledge the defined rights set by the United States Bill of Rights.
As of the current situation, four amendments in the Constitution of the United States of America, have not been followed, and we shall hereby list them in respect of the requirements required by our legal system.
I.
The current amendments of the United States Constitution which have been broken are as followed, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, and the Eighth Amendment.
Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
We hereby declare that the Ministry of Peace has failed to uphold the Fifth Amendment of the United States Constitution, by failure to appeal to a Grand Jury in the Supreme Court of the Commonwealth of Evocity, as well as forcefully make several members of the Estleback Corporation give up stock, and property by impeding on them to be witnesses against themselves.
Presently, the Ministry of Peace has bullied the Estleback Corporation into paying $150,000, and is attempting to force other employees of the corporation into paying fines with reasons that have yet to be proven. These fines are presently set between $50,000 for some members, and at a maximum of $175,000* for one of Estleback’s Agents, Dominic “Instinct” Stevens.
No evidence, or jury, has been provided in the regards to why these members are required to pay fines. There by making the actions taken by the Ministry of Peace as unconstitutional and varying into criminal extortion.
* It has also been noted by several stockholders and employees of the Estleback Corporation, that several contracts and activities inside the corporation have been postponed until further notice, do to fear of the Ministry of Peace attacking employees and clients of the Estleback Corporation.
Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
We hereby declare that the Ministry of Peace has failed to provide a jury, public trial, and has yet to provide any form of evidence for a case to be initiated in the Supreme Court of the Commonwealth of Evocity. Therefore their actions are deemed unconstitutional within regards of the Sixth Amendment.
As defined by Freedom of Information Act, the Ministry of Peace is not required to release trade secrets, information in the regards to personal corporate rules and regulations, or things that would otherwise be detrimental to their own organization[as also acknowledged in the 5th Amendment’s clause against “witness against oneself”]
However this does not imply that the Ministry of Peace is free from obligations to release evidence in the regards of their reasons for giving financial demands to the Estleback Corporation, as well as it’s employees.
Any evidence provided must meet the following criteria for it to be deemed valid within the Supreme Court of the Commonwealth of Evocity.
* The evidence must be publically available. ADMIN LOGS are not considered public, therefore are deemed non-applicable.
* Screenshots must also be taken by members of the Ministry of Peace, and must be seeable within a user’s profile on Steam. Images from IMGUR are considered to carry the possibility of forgery, and therefore are non-applicable.
* Video must remain as SOURCE DEMOS, and be provided so that all members of the jury may see the entire case as it occurred.
* Evidence must of been collected during the events via /me and had photos taken of said event to make it a form of APPLICABLE EVIDENCE.
With these procedures followed, the court will require at the very least, seven jurors with no relations to either group, and require the current Regime of Evocity to review the case.
Witnesses will be allowed for each side of the case, but direct relations to the case and events must be defined as they take the stand to make their statements.
Seventh Amendment
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”
We hereby declare that the Ministry of Peace, has failed to give a public trial after their fines on multiple corporations[inc. Estleback Corporation] and those corporations employees, had exceeded $20, and thereby they had failed to give the right of trial to the citizens of the United States of America. In doing so, they have attempted to override the Seventh Amendment, of the Constitution of the United States of America.
As mentioned in the previous two pages, the failure of the Ministry of Peace to organize a trial, and provide evidence for their convictions has been seen as to show disregard for the Constitution of the United States of America, and thereby molesting the sovereignty of a free nation, and her commonwealths.
Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
We hereby declare that the Ministry of Peace has imposed harsh fines ranging from $50,000 to $200,000 upon Estleback Corporation and their employees in the Commonwealth of Evocity. They have also enforced these fines without jurisdiction of current regimes in the Commonwealth, and have threatened to inflict cruel and unusual punishments on the Estleback Corporation, employees of Estleback, and those who affiliate or purchase goods and stocks from the Estleback Corporation.
These cruel and unusual punishments have been the effect of emotional distress found within the leadership of Estleback, as well as it’s agents who are fearful of retaliation against their clients, who may or may not be American.
Not only did the activities of giving out the fines to the Estleback Corporation for $150,000, and Dominic Stevens for $175,000, require a proper trial, they also required the right to an unbias jury without the cruel loansharking on their thread, of which they were not given.
_____________________________________________________________________
This concludes the unconstitutional actions committed by the Ministry of Peace against the Estleback Corporation, the employees of Estleback, customers of Estleback, and those who affiliate with them.
Section II of Estleback Corporation v. Ministry of Peace, will entail the issue with the Ministry of Peace’s case against the Estleback Corporation, and how the usage of Hobbs Act of 1947, isn’t applicable
II.
The snippet used in the Estleback thread was in the regards to attacks against organized labor, yet no proof was provided in the Estleback thread[or otherwise been seen by members of the group] to state that any form of attack or true threat to attack was ever conducted.
As mentioned within the post by Kprey they noted that the Estleback agent made nothing more than a sarcastic remark about, “taking the building” with a good burst of laughter. The incident was as far as the case could provide, never recorded, no photos taken, or otherwise. Even with some visual evidence, no one is sure if their was any actual threat made, and as defined by the Hobbs Act, no act of violence or intent to commit act of violence was conducted.
Another situation is how the activity is related to the Estleback Corporation.
As defined within the Clan RP Basics post on Fearless, in order for clan activities to be declared, the players must set their job with /job to whatever their clans name is, their rank, and occupation.
“When RP'ing a fighting member of the clan, the person must set their clan name (or special unit) as his custom job (/job)”
Unless Hyde, and the other members of the Estleback Corporation had put on tags to symbolize their clan affiliations, they were not doing clan roleplay, as defined by the present Clan RP rules.
Even in the recollection of their stories and statements gathered by Professional_Instinct, nothing would implicate these men for any form of crime considering all they did was make a rude statement as they were leaving the building. Not even directed at KPrey.
As the Commonwealth of Evocity is defined as territory of the United States of America, it does fall under federal law, and therefore the Constitution of the United States of America hereby applies to in the Commonwealth.
As such, the employees of the Estleback Corporation are guarded by the Right to Free Speech on the Federal and Local level*
* This does not also include International Law, in which they are guarded by the United Nation’s definitions of Human Rights.
The Hobbs Act of 1947 is also defined that extortion and actions to commit extortion must have actual injury or loss of economic well being. Simply to joke or indicate a threat is not enough to charge a the Estleback Corporation or it’s employees, for it’s supposed extortion of a non-official enterprise.
In United States v. Lopez in 1995, the powers of the United States Congress and Federal courts had been limited in the regards to the US Commerce Clause. It was seen that the sale and possession of firearms does not affect any form of economic proceedings in interstate commerce, therefore the Hobbs Act of 1947, does not apply in cases which do not cause great strides of economic damage, and cases in the regards to the Hobbs Act of 1947, must provide actual proof that some form of economic damage was found.
As we can see with this case, if the Estleback Corporation was not directly responsible for economical loss for an established enterprise, the case which was brought against them was not valid.
As defined by the rules in Clan RP Basics, unless KPrey was an employee or member of clan, or related to an official clan by the sale of their trademarked or patented products, the Estleback Corporation, may not be charged under the Commerce Clause or the Hobbs Act of 1947.
The case made by the Ministry of Peace, in the regards of the Estleback Corporation, has failed to provide any evidence that can prove that the Estleback Corporation, has caused any financial loss to KPrey.
The Ministry of Peace, has also failed to prove outside of the admin logs that only they have access to, that employees of the Estleback Corporation had bugged their vehicles.
And finally, the Ministry of Peace never collected any form of evidence in the regards of actual roleplay, via /me’s or otherwise. It’s within these reasons that any evidence which can be seen by employees of the Estleback Corporation and the jurors of the Supreme Court of the Commonwealth of Evocity, has yet to be provided.
_____________________________________________________________________
With these reasons, we conclude Section II, and move to Section III, where we will discuss if the Ministry of Peace, is allowed to do what they have done within the rules of roleplay, and the guidelines and restrictions set by Fearless RP.
III.
In the current document we have made numerous references to the Clan RP Basics thread, and how the usage of the Hobbs Act of 1947, would not apply to Kprey without himself being apart of a Clan and selling under a clan job-tag, and would also not apply if he was not selling patented or trademarked products from clans, corporations, and organizations.
We find that the Ministry of Peace, has failed to keep itself within the realm of Fearless RP’s rules and guidelines in the regards of roleplay. In doing so, their two cases against the Estleback Corporation did not hold legal rights, and therefore the fines were unjust, and illegal.
In the Section III, we’ll be relating to numerous threads on Fearless, and discussion numerous fall-shorts of the Ministry of Peace’s investigation, and how they have failed to abide by the numerous rules and guidelines set on the Fearless forums.
In order to start off this review, we’d like to start our case by acknowledging the fines which had been pushed onto the Estleback Corporation, and it’s employee, Dominic “Instinct” Stevens.
These fines which in order were: $150,000 taken from the Estleback Corporation and $175,000 taken from Dominic “Instinct” Stevens, are not only extremely over-the-top for the convictions of both parties, but are also not adhering to the rules of Fearless Roleplay.
In the past, most admins and mods adhered that the maximum anyone person can demand for hostages, robbery, court rp, and otherwise, may only reach $2,000. This is guarded within the Fearless Rulelist, at Hostage Rule #4 with the direct quote stating:
“4. The maximum you can ask for the release of a hostage is $2000.”
This would imply that the Ministry of Peace, is not within the realm of Fearless RP’s rules when giving fines of $2,001, and without doubt not allowed to fine players or groups $150,000 or $175,000, as was the case with the Estleback Corporation and Dominic “Instinct” Stevens.
It should also be noted that in the thread titled Rules Q&A 2.0, the leaders of the Ministry of Peace also were in agreement that you may not demand over $2,000 in any situation. As the quote states within the thread:
“Is there a limit to how much you can set the jailbail to? (ie. 3k for being unarrested)
Because as far as I know, the only limit is for hostages (2k)”
Answer : ”From what I've been told, The max for bail is 2,000 (2k).”
[image of this quote]
This isn’t the only quote within the very same thread which acknowledges these types of situations. The next quote we will mention:
”If one can demand they drop an item below $2000 from their inventory if a valid enough reason is found, can one also demand one sell the doors to their house valued at $250 each.”
Answer : ”Demanding to sell the doors is acceptable, if RP'd properly - meaning huge organized hostile takeovers, this is way out of league for a lonesome small-time criminal.”
[image of this quote]
These two quotes prove that the Ministry of Peace, is not allowed to request more than $2,000 for each incident involving the Estleback Corporation, and furthermore they cannot demand fines upward of $150,000.
The fact they made these requests[and recieved one] is very much against the rules. The Estleback Corporation, should be reimbursed either the full fine of $150,000 or be given $148,000 so that $2,000 is kept for the original fine. Dominic “Instinct” Stevens, should be reimbursed the full fine of $175,000 or $173,000 so that the fines requested by the Ministry of Peace, remain within the legal limits of the rules.
The Ministry of Peace, has also been noted previously in this legal document for using non-public records to push a legal case within roleplay. As noted by other cases in FL's History, the release of documents, logs, and information that are usually only available to admins and moderators is considered an act of leaking, no matter how small the leak, which can see users demoted or banned, depending on the severity of the information released.
The Estleback Corporation and Dominic “Instinct” Stevens, do not have access to admin logs, and thereby the Ministry of Peace, using logs and documents only available to the members of their clan involved in the admin team, is unfair and is considered to be metagame.
Metagame as defined by the Fearless RP rules, as:
“1. Do not Metagame, that means don't talk in OOC ( Out Of Character) while in IC (In Character)”
As the information used by the Ministry of Peace has not been proven to be, photographic, videographic, or information gathered through /me, it’s within the belief of Estleback’s legal guidance that the Ministry of Peace is guilty for the usage of non-public documents in order to fine Estleback and it’s employee Dominic Stevens for a combined amount of $325,000.
As Estleback cannot fight or argue against phantom documents, or against things they have no access to, it can be considerably seen that the Ministry of Peace, is also responsible for possibly powergaming.
Powergaming as defined in Rules Q&A 2.0:
”What is powergaming, and when am I powergaming?”
Answer : Power gaming tends to take on two forms.
”First is the obvious one; switching to jobs and utilising the market for your own gain and then switching back. You should always aim to find a merchant or advertise your interest in purchasing items; not get them yourselves. This is a pretty black and white offence and is likely to result in a warning or ban depending on the circumstances.
The second form is when you attempt to force roleplay scenarios on another individual, notably using /me or /it. An example would be when raiding the President and you're in the final stretch, you cannot simply type /it The ceiling falls in and all the opposition drop dead. Another one would be trying to powergame your way into the Nexus by simply saying /me shows a valid ID. Of course, none of this ever applies if all parties are involved in a consensual roleplay and are fine with it; but it is powergaming when you are forcing others to abide by what you happened to type first. This will generally be a warning because of the heavy part context plays in it; but extensive power gaming with experience could lead to a ban.”
[image of this quote]
As the second representation of powergaming is forcing other users into doing what you wish for them to do, the Ministry of Peace can be seen as knowingly or unknowingly forcing the Estleback Corporation and it’s employees into paying fines of which they cannot fight in a legal scenario, and thereby creating a scene involving powergaming.
The Estleback Corporation as a whole, and it’s individual employees faced fines for “criminal activities” under the Hobbs Act of 1947. As provided in Section II, we can provide that thanks to the U.S. Supreme Court case, United States v. Lopez, and through the understanding of what’s an actual legal entity or established brand in Fearless’s Clan RP rules, that the Estleback Corporation’s “threats” were infact not applicable against them unless the user had established a brand name, sold patented/trademarked items, or was involved directly with another corporate entity. The Ministry of Peace, would also have to prove that the man by the name of Kprey had indeed lost money with the presence of the Estleback Corporation.
The Ministry of Peace, has thus far not provided any form of actual evidence in the regards to Kprey losing money in part to the Estleback employee’s comments, and thereby their entire legal basis for demanding Estleback give a fixed-fine of $150,000 was unwarranted, and was not required.
The Ministry of Peace, also never made a statement or press-release into the regards of the “bug” or “chip” that was supposedly put on their cars. Never had they even so much implied that they did any /me roleplay in order to remove and investigate the chips. No videographic or photographic evidence has been submitted, and therefore our only conclusion is that the Ministry of Peace is using the admin logs which are not available to all players to see, in order to garner evidence for their own purposes.
This would provide that the Estleback employee, Dominic “Instinct” Stevens, has infact been powergamed by the Ministry of Peace, through his supposed activities being monitored by the Ministry of Peace, within the admin logs.
We can conclude finally, that the Ministry of Peace has possibly broken several rules listed in the Fearless RP rulelist, the Clan RP Basics, and is also impeding on their duties as admins by releasing classified information to benefit their cause and activities.
With this we conclude Section III and move forward to Section IV.
Section IV will deal with the request for reimbursement to the Estleback Corporation and Estleback employee, Dominic “Instinct” Stevens, and will also deal with a request for payment for damages dealt during a period of loss confidence.
IV.
The Estleback Corporation would like to conclude through its legal advisors, its legal department, and the people of the Commonwealth of Evocity, on what it would like to see accomplished with this case.
As we understand the Ministry of Peace is working with the United States government, and the Estleback Corporation would like to remind the Ministry of Peace to always obey the Constitution of the United States of America, as well as obey the current government regime at work in the Commonwealth of Evocity.
We’d like to see the Ministry of Peace uphold it’s pledges as a United Nation’s organization by guarding and legally abiding the Universal Declaration of Human Rights.
As our current predicament has shown, you have failed to give the employees of the Estleback Corporation the right to a fair trial, and attempted to prove them guilty until proven innocent.
Not only this, you never attempted to give us a fair trial in which our employees are given at birth, by being American citizens. You attempted to override the Constitution of the United States of America, and fail to understand that you may not do this as decided by the U.S. Supreme Court in Reid v. Covert.
We never truly had any obligations to pay you under these facts, but we did so because we were afraid that we would see the same fate faced by the Blackwatch Corporation. Those of which are now being deemed war criminals, all though they attempted to resolve issues between you peacefully as they are required by the Fearless Clan RP rules.
The current actions of the Ministry of Peace, have shown that you have a lack of respect for the clan world’s rules, lack of respect for the rules in Fearless, and do not care about using things not available to the public if it benefits you.
This worries us.
We only wish for the best of the Fearless RP Clan World, and for the moment, the actions of the Ministry of Peace has only harmed the image of our world.
As for our legal requests with Estleback Corporations v. Ministry of Peace, we would like to see the following occur.
* Full reimbursement of $150,000 to the Estleback Corporation
* Full reimbursement of $175,000 to Dominic “Instinct” Stevens
* $2,000 for each employee of the Estleback Corporation
* A formal apology for using our clan page as a base to start a legal case against us.
* A passive roleplay event paid by the Ministry of Peace in order to show to the clan world, that you do not wish to harm the clan world.
https://docs.google.com/document/d/1LDDI...sp=sharing
G.Mod. GC: Fearless Roleplay (FL or FL:RP) - Case 0001
Zaeed, Secretary General of Legal Affairs, Ministry of Peace
v.
Dominic “Instinct” Stevens, Agent, Estleback Corporation
ONGOING CASE
_____________________________________________________________________
The Commonwealth of Evocity is hereby protected under the constitution and federal jurisdiction of the United States of America, as a territory which falls under federal law applied by the United States Supreme Court.
The citizens of the Commonwealth, are not only U.S. Citizens as defined by Jones-Shafroth Act of March 2nd, 1917, but also dependants of the Constitution of the United States of America, by birth-right, as defined by the 14th Amendment, and the U.S. Supreme Court, United States v. Wong Kim Ark.
It’s within these jurisdictions that we find the Ministry of Peace within no legal right to demand financial compensation without first going through the United States Supreme Court, as well as the United States Congress, and finally the current political regime on the Commonwealth of Evocity.
These requirements are to be fulfilled within respect of the Constitution of the United States of America, and more noticeably to respectfully acknowledge the defined rights set by the United States Bill of Rights.
As of the current situation, four amendments in the Constitution of the United States of America, have not been followed, and we shall hereby list them in respect of the requirements required by our legal system.
I.
The current amendments of the United States Constitution which have been broken are as followed, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, and the Eighth Amendment.
Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
We hereby declare that the Ministry of Peace has failed to uphold the Fifth Amendment of the United States Constitution, by failure to appeal to a Grand Jury in the Supreme Court of the Commonwealth of Evocity, as well as forcefully make several members of the Estleback Corporation give up stock, and property by impeding on them to be witnesses against themselves.
Presently, the Ministry of Peace has bullied the Estleback Corporation into paying $150,000, and is attempting to force other employees of the corporation into paying fines with reasons that have yet to be proven. These fines are presently set between $50,000 for some members, and at a maximum of $175,000* for one of Estleback’s Agents, Dominic “Instinct” Stevens.
No evidence, or jury, has been provided in the regards to why these members are required to pay fines. There by making the actions taken by the Ministry of Peace as unconstitutional and varying into criminal extortion.
* It has also been noted by several stockholders and employees of the Estleback Corporation, that several contracts and activities inside the corporation have been postponed until further notice, do to fear of the Ministry of Peace attacking employees and clients of the Estleback Corporation.
Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
We hereby declare that the Ministry of Peace has failed to provide a jury, public trial, and has yet to provide any form of evidence for a case to be initiated in the Supreme Court of the Commonwealth of Evocity. Therefore their actions are deemed unconstitutional within regards of the Sixth Amendment.
As defined by Freedom of Information Act, the Ministry of Peace is not required to release trade secrets, information in the regards to personal corporate rules and regulations, or things that would otherwise be detrimental to their own organization[as also acknowledged in the 5th Amendment’s clause against “witness against oneself”]
However this does not imply that the Ministry of Peace is free from obligations to release evidence in the regards of their reasons for giving financial demands to the Estleback Corporation, as well as it’s employees.
Any evidence provided must meet the following criteria for it to be deemed valid within the Supreme Court of the Commonwealth of Evocity.
* The evidence must be publically available. ADMIN LOGS are not considered public, therefore are deemed non-applicable.
* Screenshots must also be taken by members of the Ministry of Peace, and must be seeable within a user’s profile on Steam. Images from IMGUR are considered to carry the possibility of forgery, and therefore are non-applicable.
* Video must remain as SOURCE DEMOS, and be provided so that all members of the jury may see the entire case as it occurred.
* Evidence must of been collected during the events via /me and had photos taken of said event to make it a form of APPLICABLE EVIDENCE.
With these procedures followed, the court will require at the very least, seven jurors with no relations to either group, and require the current Regime of Evocity to review the case.
Witnesses will be allowed for each side of the case, but direct relations to the case and events must be defined as they take the stand to make their statements.
Seventh Amendment
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”
We hereby declare that the Ministry of Peace, has failed to give a public trial after their fines on multiple corporations[inc. Estleback Corporation] and those corporations employees, had exceeded $20, and thereby they had failed to give the right of trial to the citizens of the United States of America. In doing so, they have attempted to override the Seventh Amendment, of the Constitution of the United States of America.
As mentioned in the previous two pages, the failure of the Ministry of Peace to organize a trial, and provide evidence for their convictions has been seen as to show disregard for the Constitution of the United States of America, and thereby molesting the sovereignty of a free nation, and her commonwealths.
Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
We hereby declare that the Ministry of Peace has imposed harsh fines ranging from $50,000 to $200,000 upon Estleback Corporation and their employees in the Commonwealth of Evocity. They have also enforced these fines without jurisdiction of current regimes in the Commonwealth, and have threatened to inflict cruel and unusual punishments on the Estleback Corporation, employees of Estleback, and those who affiliate or purchase goods and stocks from the Estleback Corporation.
These cruel and unusual punishments have been the effect of emotional distress found within the leadership of Estleback, as well as it’s agents who are fearful of retaliation against their clients, who may or may not be American.
Not only did the activities of giving out the fines to the Estleback Corporation for $150,000, and Dominic Stevens for $175,000, require a proper trial, they also required the right to an unbias jury without the cruel loansharking on their thread, of which they were not given.
_____________________________________________________________________
This concludes the unconstitutional actions committed by the Ministry of Peace against the Estleback Corporation, the employees of Estleback, customers of Estleback, and those who affiliate with them.
Section II of Estleback Corporation v. Ministry of Peace, will entail the issue with the Ministry of Peace’s case against the Estleback Corporation, and how the usage of Hobbs Act of 1947, isn’t applicable
II.
The snippet used in the Estleback thread was in the regards to attacks against organized labor, yet no proof was provided in the Estleback thread[or otherwise been seen by members of the group] to state that any form of attack or true threat to attack was ever conducted.
As mentioned within the post by Kprey they noted that the Estleback agent made nothing more than a sarcastic remark about, “taking the building” with a good burst of laughter. The incident was as far as the case could provide, never recorded, no photos taken, or otherwise. Even with some visual evidence, no one is sure if their was any actual threat made, and as defined by the Hobbs Act, no act of violence or intent to commit act of violence was conducted.
Another situation is how the activity is related to the Estleback Corporation.
As defined within the Clan RP Basics post on Fearless, in order for clan activities to be declared, the players must set their job with /job to whatever their clans name is, their rank, and occupation.
“When RP'ing a fighting member of the clan, the person must set their clan name (or special unit) as his custom job (/job)”
Unless Hyde, and the other members of the Estleback Corporation had put on tags to symbolize their clan affiliations, they were not doing clan roleplay, as defined by the present Clan RP rules.
Even in the recollection of their stories and statements gathered by Professional_Instinct, nothing would implicate these men for any form of crime considering all they did was make a rude statement as they were leaving the building. Not even directed at KPrey.
As the Commonwealth of Evocity is defined as territory of the United States of America, it does fall under federal law, and therefore the Constitution of the United States of America hereby applies to in the Commonwealth.
As such, the employees of the Estleback Corporation are guarded by the Right to Free Speech on the Federal and Local level*
* This does not also include International Law, in which they are guarded by the United Nation’s definitions of Human Rights.
The Hobbs Act of 1947 is also defined that extortion and actions to commit extortion must have actual injury or loss of economic well being. Simply to joke or indicate a threat is not enough to charge a the Estleback Corporation or it’s employees, for it’s supposed extortion of a non-official enterprise.
In United States v. Lopez in 1995, the powers of the United States Congress and Federal courts had been limited in the regards to the US Commerce Clause. It was seen that the sale and possession of firearms does not affect any form of economic proceedings in interstate commerce, therefore the Hobbs Act of 1947, does not apply in cases which do not cause great strides of economic damage, and cases in the regards to the Hobbs Act of 1947, must provide actual proof that some form of economic damage was found.
As we can see with this case, if the Estleback Corporation was not directly responsible for economical loss for an established enterprise, the case which was brought against them was not valid.
As defined by the rules in Clan RP Basics, unless KPrey was an employee or member of clan, or related to an official clan by the sale of their trademarked or patented products, the Estleback Corporation, may not be charged under the Commerce Clause or the Hobbs Act of 1947.
The case made by the Ministry of Peace, in the regards of the Estleback Corporation, has failed to provide any evidence that can prove that the Estleback Corporation, has caused any financial loss to KPrey.
The Ministry of Peace, has also failed to prove outside of the admin logs that only they have access to, that employees of the Estleback Corporation had bugged their vehicles.
And finally, the Ministry of Peace never collected any form of evidence in the regards of actual roleplay, via /me’s or otherwise. It’s within these reasons that any evidence which can be seen by employees of the Estleback Corporation and the jurors of the Supreme Court of the Commonwealth of Evocity, has yet to be provided.
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With these reasons, we conclude Section II, and move to Section III, where we will discuss if the Ministry of Peace, is allowed to do what they have done within the rules of roleplay, and the guidelines and restrictions set by Fearless RP.
III.
In the current document we have made numerous references to the Clan RP Basics thread, and how the usage of the Hobbs Act of 1947, would not apply to Kprey without himself being apart of a Clan and selling under a clan job-tag, and would also not apply if he was not selling patented or trademarked products from clans, corporations, and organizations.
We find that the Ministry of Peace, has failed to keep itself within the realm of Fearless RP’s rules and guidelines in the regards of roleplay. In doing so, their two cases against the Estleback Corporation did not hold legal rights, and therefore the fines were unjust, and illegal.
In the Section III, we’ll be relating to numerous threads on Fearless, and discussion numerous fall-shorts of the Ministry of Peace’s investigation, and how they have failed to abide by the numerous rules and guidelines set on the Fearless forums.
In order to start off this review, we’d like to start our case by acknowledging the fines which had been pushed onto the Estleback Corporation, and it’s employee, Dominic “Instinct” Stevens.
These fines which in order were: $150,000 taken from the Estleback Corporation and $175,000 taken from Dominic “Instinct” Stevens, are not only extremely over-the-top for the convictions of both parties, but are also not adhering to the rules of Fearless Roleplay.
In the past, most admins and mods adhered that the maximum anyone person can demand for hostages, robbery, court rp, and otherwise, may only reach $2,000. This is guarded within the Fearless Rulelist, at Hostage Rule #4 with the direct quote stating:
“4. The maximum you can ask for the release of a hostage is $2000.”
This would imply that the Ministry of Peace, is not within the realm of Fearless RP’s rules when giving fines of $2,001, and without doubt not allowed to fine players or groups $150,000 or $175,000, as was the case with the Estleback Corporation and Dominic “Instinct” Stevens.
It should also be noted that in the thread titled Rules Q&A 2.0, the leaders of the Ministry of Peace also were in agreement that you may not demand over $2,000 in any situation. As the quote states within the thread:
“Is there a limit to how much you can set the jailbail to? (ie. 3k for being unarrested)
Because as far as I know, the only limit is for hostages (2k)”
Answer : ”From what I've been told, The max for bail is 2,000 (2k).”
[image of this quote]
This isn’t the only quote within the very same thread which acknowledges these types of situations. The next quote we will mention:
”If one can demand they drop an item below $2000 from their inventory if a valid enough reason is found, can one also demand one sell the doors to their house valued at $250 each.”
Answer : ”Demanding to sell the doors is acceptable, if RP'd properly - meaning huge organized hostile takeovers, this is way out of league for a lonesome small-time criminal.”
[image of this quote]
These two quotes prove that the Ministry of Peace, is not allowed to request more than $2,000 for each incident involving the Estleback Corporation, and furthermore they cannot demand fines upward of $150,000.
The fact they made these requests[and recieved one] is very much against the rules. The Estleback Corporation, should be reimbursed either the full fine of $150,000 or be given $148,000 so that $2,000 is kept for the original fine. Dominic “Instinct” Stevens, should be reimbursed the full fine of $175,000 or $173,000 so that the fines requested by the Ministry of Peace, remain within the legal limits of the rules.
The Ministry of Peace, has also been noted previously in this legal document for using non-public records to push a legal case within roleplay. As noted by other cases in FL's History, the release of documents, logs, and information that are usually only available to admins and moderators is considered an act of leaking, no matter how small the leak, which can see users demoted or banned, depending on the severity of the information released.
The Estleback Corporation and Dominic “Instinct” Stevens, do not have access to admin logs, and thereby the Ministry of Peace, using logs and documents only available to the members of their clan involved in the admin team, is unfair and is considered to be metagame.
Metagame as defined by the Fearless RP rules, as:
“1. Do not Metagame, that means don't talk in OOC ( Out Of Character) while in IC (In Character)”
As the information used by the Ministry of Peace has not been proven to be, photographic, videographic, or information gathered through /me, it’s within the belief of Estleback’s legal guidance that the Ministry of Peace is guilty for the usage of non-public documents in order to fine Estleback and it’s employee Dominic Stevens for a combined amount of $325,000.
As Estleback cannot fight or argue against phantom documents, or against things they have no access to, it can be considerably seen that the Ministry of Peace, is also responsible for possibly powergaming.
Powergaming as defined in Rules Q&A 2.0:
”What is powergaming, and when am I powergaming?”
Answer : Power gaming tends to take on two forms.
”First is the obvious one; switching to jobs and utilising the market for your own gain and then switching back. You should always aim to find a merchant or advertise your interest in purchasing items; not get them yourselves. This is a pretty black and white offence and is likely to result in a warning or ban depending on the circumstances.
The second form is when you attempt to force roleplay scenarios on another individual, notably using /me or /it. An example would be when raiding the President and you're in the final stretch, you cannot simply type /it The ceiling falls in and all the opposition drop dead. Another one would be trying to powergame your way into the Nexus by simply saying /me shows a valid ID. Of course, none of this ever applies if all parties are involved in a consensual roleplay and are fine with it; but it is powergaming when you are forcing others to abide by what you happened to type first. This will generally be a warning because of the heavy part context plays in it; but extensive power gaming with experience could lead to a ban.”
[image of this quote]
As the second representation of powergaming is forcing other users into doing what you wish for them to do, the Ministry of Peace can be seen as knowingly or unknowingly forcing the Estleback Corporation and it’s employees into paying fines of which they cannot fight in a legal scenario, and thereby creating a scene involving powergaming.
The Estleback Corporation as a whole, and it’s individual employees faced fines for “criminal activities” under the Hobbs Act of 1947. As provided in Section II, we can provide that thanks to the U.S. Supreme Court case, United States v. Lopez, and through the understanding of what’s an actual legal entity or established brand in Fearless’s Clan RP rules, that the Estleback Corporation’s “threats” were infact not applicable against them unless the user had established a brand name, sold patented/trademarked items, or was involved directly with another corporate entity. The Ministry of Peace, would also have to prove that the man by the name of Kprey had indeed lost money with the presence of the Estleback Corporation.
The Ministry of Peace, has thus far not provided any form of actual evidence in the regards to Kprey losing money in part to the Estleback employee’s comments, and thereby their entire legal basis for demanding Estleback give a fixed-fine of $150,000 was unwarranted, and was not required.
The Ministry of Peace, also never made a statement or press-release into the regards of the “bug” or “chip” that was supposedly put on their cars. Never had they even so much implied that they did any /me roleplay in order to remove and investigate the chips. No videographic or photographic evidence has been submitted, and therefore our only conclusion is that the Ministry of Peace is using the admin logs which are not available to all players to see, in order to garner evidence for their own purposes.
This would provide that the Estleback employee, Dominic “Instinct” Stevens, has infact been powergamed by the Ministry of Peace, through his supposed activities being monitored by the Ministry of Peace, within the admin logs.
We can conclude finally, that the Ministry of Peace has possibly broken several rules listed in the Fearless RP rulelist, the Clan RP Basics, and is also impeding on their duties as admins by releasing classified information to benefit their cause and activities.
With this we conclude Section III and move forward to Section IV.
Section IV will deal with the request for reimbursement to the Estleback Corporation and Estleback employee, Dominic “Instinct” Stevens, and will also deal with a request for payment for damages dealt during a period of loss confidence.
IV.
The Estleback Corporation would like to conclude through its legal advisors, its legal department, and the people of the Commonwealth of Evocity, on what it would like to see accomplished with this case.
As we understand the Ministry of Peace is working with the United States government, and the Estleback Corporation would like to remind the Ministry of Peace to always obey the Constitution of the United States of America, as well as obey the current government regime at work in the Commonwealth of Evocity.
We’d like to see the Ministry of Peace uphold it’s pledges as a United Nation’s organization by guarding and legally abiding the Universal Declaration of Human Rights.
As our current predicament has shown, you have failed to give the employees of the Estleback Corporation the right to a fair trial, and attempted to prove them guilty until proven innocent.
Not only this, you never attempted to give us a fair trial in which our employees are given at birth, by being American citizens. You attempted to override the Constitution of the United States of America, and fail to understand that you may not do this as decided by the U.S. Supreme Court in Reid v. Covert.
We never truly had any obligations to pay you under these facts, but we did so because we were afraid that we would see the same fate faced by the Blackwatch Corporation. Those of which are now being deemed war criminals, all though they attempted to resolve issues between you peacefully as they are required by the Fearless Clan RP rules.
The current actions of the Ministry of Peace, have shown that you have a lack of respect for the clan world’s rules, lack of respect for the rules in Fearless, and do not care about using things not available to the public if it benefits you.
This worries us.
We only wish for the best of the Fearless RP Clan World, and for the moment, the actions of the Ministry of Peace has only harmed the image of our world.
As for our legal requests with Estleback Corporations v. Ministry of Peace, we would like to see the following occur.
* Full reimbursement of $150,000 to the Estleback Corporation
* Full reimbursement of $175,000 to Dominic “Instinct” Stevens
* $2,000 for each employee of the Estleback Corporation
* A formal apology for using our clan page as a base to start a legal case against us.
* A passive roleplay event paid by the Ministry of Peace in order to show to the clan world, that you do not wish to harm the clan world.
https://docs.google.com/document/d/1LDDI...sp=sharing
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