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Just the info from OfficeMax seems like enough in my opinion. He used 4 gmail addresses and reused some of them for his netflix and to get items delivered to hi

by rtkwe 4y ago

Just the info from OfficeMax seems like enough in my opinion. He used 4 gmail addresses and reused some of them for his netflix and to get items delivered to his house. They could also find out where the gmail's were accessed from from google. All that combined would paint a pretty convincing picture to me, then it's just convincing the jury this rises to the level of fraud. But also if you look at his actual appeals they don't challenge the evidence from the raid at all that I see it's all about the data from the OfficeMax rewards program that was produced by a 3rd party company; arguing they're not originals, aren't admissible because they're hear-say, etc. Maybe he just noticed this but this is even pretty weak evidence given there's not actually a standard form for any of the documents he pulls up. As for the duress OP is a deeply involved narrator and there's no mention of this being before or after the Miranda warning.

mchannon 4y ago
Miranda warning? There was no Miranda warning. You see, the judge ruled that enough time had elapsed that the conversation was consensual. My wife said it was almost instant from when they pointed guns and sexually assaulted her in the front yard, the FBI agent said no more than 10 minutes, the judge said it was at least 15 minutes. So, consensual, while they're literally blocking any exit she has, won't let anyone in the house use the bathroom without them watching, she's still not wearing anything decent, and a squad is ransacking the house. This case stinks to high heaven. What beggars belief, for me, is how everyone finds it so easy to doubt what I say and so easy to accept as gospel what the government says.
- primitivesuave 4y ago
  I am truly sorry for what you had to endure, it sounds completely uncalled for. After Bernie Madoff stole billions on Wall Street, the FBI came to his home and asked him "is there an innocent explanation for this?" before allowing him to get dressed and prepared for custody. If you were not showing any signs of resistance, there is no reason you or your wife should have been treated that way - if you have evidence of this, bring it up. I would also concede that you may have a point with the warrant spacing, signature discrepancies, etc - at the very least, there is indication of a "guilty until proven innocent" mindset against you. However, you should also consider there is substantial hard evidence against you, provided by reputable third parties (Google, eBay, etc) - getting all of it declared inadmissible would be an uphill battle unless you have a highly motivated legal team. Aside from obvious advice (don't do crime) I would say that the #1 most important thing to keep in mind if you are accused of a crime is to say nothing - no hello, no pleasantries, not even obvious answers - just "I would like a lawyer" and only speak when your lawyer is present. Innocent people have been convicted for not following this principle in dealing with the authorities.
  - mchannon 4y ago
    Thanks for the decency, though I ask you: What signs of resistance could a half-naked woman offer a squad of SWATted-out FBI agents with assault rifles pointed at her head? No one claimed, in the hearing to follow, that there was any sign of resistance. I suggest you read a little higher up in the threads ID 34241769 to see the nonsensical nature of the charges. It's a bit like: We have proof you exited the bank, drove your own personal car without obscuring the license plate, and have video of you entering your own driveway. And you had $2000 in cash that came from the bank. Therefore, you are guilty of bank robbery. The evidence is overwhelming, we got it from cell phone records, Google street view and the outside bank security camera, the bank ledger says $2000 was removed from that drawer, as well as fingerprints and DNA tests of the bills we're going to seize as evidence. If you object, you're just a bank robber trying to escape punishment. Why should I believe you, bank robber? You see the missing pieces here? Regarding your last paragraph, whoever first gave or followed that advice didn't consider being startled half-naked at gunpoint. Almost anyone who went through what my wife did would do the same as she did, except half would've wet themselves to boot. I know I would've. Ever had an M4 pointed at you? It appears a number of dirty fed sockpuppets are on this board. Their staunchest defender has made 0 submissions and 6 comments in the entire life of the account, 5 of them on this thread. Can you spot it?
    - primitivesuave 4y ago
      Again, completely agree with you that the situation you're describing should be rendered inadmissible as evidence given the severe duress you must have been under. In regards to the printer cartridges (thread 34241769), I'd agree that objectively speaking you didn't really steal anything. You found an arbitrage opportunity and used it to the mutual benefit of yourself and the corporation buying the cartridges for $3 each to refill/resell. In the case of the business rewards, that corporation created a customer rewards system, and you found an exploit in the system (i.e. using the store/receipt number along with a programmatic search for past transactions). I think if you had used this exploit casually, the FBI would not even bother pursuing it, and it probably wouldn't have been detected in the first place. There is some level of acceptance you need to have in the fact that you broke the terms of service by creating thousands of fake accounts, went to many stores in many different cities/states, adapted the exploit (when they added purchase amount verification) by noting purchase amounts of other customers in the store, resold the benefits on eBay, hired an accomplice in New Mexico, and so on. On a personal level though, I'm sincerely rooting for you - the amounts in question are a rounding error to that size of corporation, and the "stolen funds" in question were anyways intended for customer rewards. I think your best outcome from a legal perspective is to admit what the evidence overwhelmingly seems to indicate, be radically honest with yourself about the situation, and resist the urge to be combative on technicalities - consider how it may lead to a worse overall outcome.

by rtkwe 4y ago

mchannon 4y ago

Miranda warning? There was no Miranda warning. You see, the judge ruled that enough time had elapsed that the conversation was consensual. My wife said it was almost instant from when they pointed guns and sexually assaulted her in the front yard, the FBI agent said no more than 10 minutes, the judge said it was at least 15 minutes. So, consensual, while they're literally blocking any exit she has, won't let anyone in the house use the bathroom without them watching, she's still not wearing anything decent, and a squad is ransacking the house. This case stinks to high heaven. What beggars belief, for me, is how everyone finds it so easy to doubt what I say and so easy to accept as gospel what the government says.

primitivesuave 4y ago
I am truly sorry for what you had to endure, it sounds completely uncalled for. After Bernie Madoff stole billions on Wall Street, the FBI came to his home and asked him "is there an innocent explanation for this?" before allowing him to get dressed and prepared for custody. If you were not showing any signs of resistance, there is no reason you or your wife should have been treated that way - if you have evidence of this, bring it up. I would also concede that you may have a point with the warrant spacing, signature discrepancies, etc - at the very least, there is indication of a "guilty until proven innocent" mindset against you. However, you should also consider there is substantial hard evidence against you, provided by reputable third parties (Google, eBay, etc) - getting all of it declared inadmissible would be an uphill battle unless you have a highly motivated legal team. Aside from obvious advice (don't do crime) I would say that the #1 most important thing to keep in mind if you are accused of a crime is to say nothing - no hello, no pleasantries, not even obvious answers - just "I would like a lawyer" and only speak when your lawyer is present. Innocent people have been convicted for not following this principle in dealing with the authorities.
- mchannon 4y ago
  Thanks for the decency, though I ask you: What signs of resistance could a half-naked woman offer a squad of SWATted-out FBI agents with assault rifles pointed at her head? No one claimed, in the hearing to follow, that there was any sign of resistance. I suggest you read a little higher up in the threads ID 34241769 to see the nonsensical nature of the charges. It's a bit like: We have proof you exited the bank, drove your own personal car without obscuring the license plate, and have video of you entering your own driveway. And you had $2000 in cash that came from the bank. Therefore, you are guilty of bank robbery. The evidence is overwhelming, we got it from cell phone records, Google street view and the outside bank security camera, the bank ledger says $2000 was removed from that drawer, as well as fingerprints and DNA tests of the bills we're going to seize as evidence. If you object, you're just a bank robber trying to escape punishment. Why should I believe you, bank robber? You see the missing pieces here? Regarding your last paragraph, whoever first gave or followed that advice didn't consider being startled half-naked at gunpoint. Almost anyone who went through what my wife did would do the same as she did, except half would've wet themselves to boot. I know I would've. Ever had an M4 pointed at you? It appears a number of dirty fed sockpuppets are on this board. Their staunchest defender has made 0 submissions and 6 comments in the entire life of the account, 5 of them on this thread. Can you spot it?
  - primitivesuave 4y ago
    Again, completely agree with you that the situation you're describing should be rendered inadmissible as evidence given the severe duress you must have been under. In regards to the printer cartridges (thread 34241769), I'd agree that objectively speaking you didn't really steal anything. You found an arbitrage opportunity and used it to the mutual benefit of yourself and the corporation buying the cartridges for $3 each to refill/resell. In the case of the business rewards, that corporation created a customer rewards system, and you found an exploit in the system (i.e. using the store/receipt number along with a programmatic search for past transactions). I think if you had used this exploit casually, the FBI would not even bother pursuing it, and it probably wouldn't have been detected in the first place. There is some level of acceptance you need to have in the fact that you broke the terms of service by creating thousands of fake accounts, went to many stores in many different cities/states, adapted the exploit (when they added purchase amount verification) by noting purchase amounts of other customers in the store, resold the benefits on eBay, hired an accomplice in New Mexico, and so on. On a personal level though, I'm sincerely rooting for you - the amounts in question are a rounding error to that size of corporation, and the "stolen funds" in question were anyways intended for customer rewards. I think your best outcome from a legal perspective is to admit what the evidence overwhelmingly seems to indicate, be radically honest with yourself about the situation, and resist the urge to be combative on technicalities - consider how it may lead to a worse overall outcome.