United States of Argonath vs. Kool_Kat

[danigold1]

Vice City Police Department Office of High Command Chief of Police DaniGold

Federal Bureau of Investigation Vice City Division Desk of Special Agent Thompson

Criminal Prosecution Case
23/09/2018
TO: The Court of Vice City
FROM: Office of Chief DaniGold, Vice City Police Department, Washington Beach

I. Opening Statement
• by Chief of Police DaniGold

Honorable judge, Ms. Kool_Kat, has been spotted multiple times by the Vice City Police Department and have been reported to us dozens of times committing the crimes of poaching, and trading in Ogras, a protected wildlife animal in the waters of Vice City.

On the date of 17th September 2018, we have gotten an anonymous report of Ms. Kat boating around Vice Port and Ocean Beach, harpooning ogras.
In an attempt to investigate whether the reports were true, we decided to ambush her in Vice Port.
As we were heading there, Kat had just arrived at the area. Noticing us arriving, she had gotten inside South Dade Warehouse to hide, which further raised our suspicions on her.
After a few minutes, she got out of the warehouse. Me and my team ordered her to stop, to which she refused and tried to run away from us, but after being suspected for evasion, she surrendered once she was warned that we will use force unless she complies.

After he surrender, she was cuffed and frisked, and the results were shocking; 8 ogras on her persons, ready to be traded at the black market, along with 4,200 ARD. [Exhibit A]
After it was concluded she was indeed partaking in this cruel crime, she was arrested and taken to Washington Beach Police Department for further interrogation inducted by myself. She had to be taken by force as she was not following our requests to get into the police car, out of it or into the interrogation room.

Once Kat was seated inside the interrogation room, she was asked if she knows why she was arrested, initially saying she has no idea, later admitting she knows she was partaking in the crime of poaching and trading ogras. [Exhibit B]
After she denied knowing why she was arrested, she was reminded she is holding onto 8 ogras, to which she replies she wasn't even spotted poaching, smiling, but when asked where she got them from, she said she had bought them from the black market in Vice Port. [Exhibit C]

After she was asked if she seldom buys ogras in the black market, she replied she also uses the black market to sell ogras. And when asked if she often sells ogras there, she says she used to, which proves the fact she has a history trading ogras in the black market, while not denying the fact she still does it. [Exhibit D]
When asked if currently she only buys ogras from the black market, she answered "no", as she doesn't only buy ogras there, she sells them aswell! [Exhibit E]
Then, Kat stated she "used to fish and sell", again proving she has a long past of poaching and selling ogras. [Exhibit F]

When I asked Kat how much money she thinks she made from selling ogras, she said she doesn't know, implying these are huge amounts, and when asked how many ogras she sold on that day, she said she has yet to sell any on that day, and then she told me she was still going to sell them. [exhibit G]
Kat said she did not know poaching is illegal, but when i confronted her and said she has a track record of being arrested for it, she answered she was arrested already about "8 or 9 times", proving she has had her share of lessons in the law against poaching. [Exhibit H.1]
When I asked her how many times she was rightfully arrested for poaching, she said between 7 to 9 times. [Exhibit H.2]
When asked how many times she recalls poaching without being caught, she said "2 or 3 times". [Exhibit H.3]

I then asked Kat how many ogras does she usually sell in a trip to the black market, to which she replied she "1 2 4 or sometimes 8. But i rarely catch 8", but then said that today she was having a bad day, implying that she was lying, and 8 is actually a rather small number for her and she usually catches way more. [exhibit I]
She then again changed version and says she is sad because she rarely manages to catch 8. [Exhibit J]

When I asked her if she is happy when she catches a lot of ogras, she said she is happy, showing she has no remorse for her actions, and the fate of the poor ogras she is killing. [Also Exhibit J]

Kat then says she uses the money from selling ogras to give money to someone else so he can buy a mansion. When asked if it is to repay a debt, she denied, saying its not a debt, but quickly after she said that she must give him the money so he will "let her play in peace" and that if she does not give them the money, they will keep kidnapping and attacking her, implying it is indeed a debt. [Exhibit K]

After some more talking, Kat brings up the subject of car smuggling. I ask her if she also smuggles cars, and she says she does it, but rather rarely.
When I ask her how much money she made from smuggling cars, she says "40 to 50k". [Exhibit L]

I would also like to note that during the whole ordeal, from the initial transportation to the interrogations room, and up until she was finally put in arrest, Ms. Kat was very impatient, implying she knew she did a crime and was waiting for it to finish, possibly so she could go back to poaching and selling ogras, or because she has absolutely no remorse in her actions. [Exhibit M]

During the 23rd of September 2018, Kat was spotted by the FBI again selling ogras at the black market, proving further beyond any possible belief, that Kat does not care about being jailed, or the interrogations, she cares only about money. [Exhibit N]

In conclusion, the Vice City Police Department wants to fine Kool Kat of the money gained from all of her illegal acts, and for her to be jailed and fined for committing them.

• by Special Agent Jazz Thompson

Your Honor, On 6th August, 2018, we received a digital photograph [REFERENCE-A] of inventory inside #308, Ocean Beach Apartments located at the Ocean Beach. Upon checking the state documents and registries, it was found that the property belonged to citizen Kool_Kat. An investigative case was filed later that week, not only the evidences were found legitimate but also on further examination of passports and registries, it was found that the subject had been getting involved in criminal organisations and activities [REFERENCE-B].

After reviewing the evidence, the bureau contacted Ms. Kat for a formal interrogation [EXHIBIT-I], the ownership of the said property was confirmed by Ms. Kat herself [EXHIBIT-II]. As the conversation carried out forward, she was formally asked if she knows anything about the illegals stashed at her apartment. First of all, she tried to run out of the allegations by putting forward a question to remark the accusation [EXHIBIT-IIIA] but as the exact amounts were shown to her [EXHIBIT-IIIB], she started confessing [EXHIBIT III-C]. As expected she had been gathering the said items. Not only she had stored these, but was also indirectly involved into a circuital flow of illegal belongings. The belongings according to her were acquired through a dealer and a smuggling voyage. Breaking down further, the explosive devices stored at her place were bought from an unidentified dealer known as Salvatore [EXHIBIT IV-A&B], searches are still ongoing. As she said, "Some of the weapons are not mine" [EXHIBIT IV-C], she was either hiding it for someone else or acquiring them through dealers, she was involved into a flow of these items, indirectly. The narcotics were acquired through a contraband voyage [EXHIBIT IV-D].

For further confession, we headed out to her property where all the items were harbored [EXHIBIT V]. Ms Kat confessed about the illegals harbored at her apartment's inventory one by one. According to her, these were :
• Kurz MP5 SMG [EXHIBIT VI-A]
• M60 Rifle [EXHIBIT VI-A]
• Desert Eagle [EXHIBIT VI-B&C]

On her part, she confirmed she confessed nothing else was there [EXHIBIT VI-D&E], which is fairly believable as from the references.
The complete interrogation was carried in a very formal way, we respect the fact that Ms Kat cooperated with us, we are looking forward for a settlement offer.



II. Legal Reference
1.

Section 5: Illegal Possession Offences
It is a criminal offence for any person to be in possession of:
   (a) an M60 Machine Gun and any relevant ammunition for such weapon, or
   (b) a Bulldog Shotgun and any relevant ammunition for such weapon, or
   (c) a device that can project fire or flames and any petrol, fuel or other thing used to project such fire or flame, or
   (d) a rocket propelled grenade launcher and any relevant ammunition for such weapon, or
   (e) an explosive grenade(s) or remotely controlled explosive grenade(s), or
   (f) a Desert Eagle and any relevant ammunition for such weapon, or
   (g) a Kurz SMG and any relevant ammunition for such weapon.
   (h) a traffickable quantity of gemstones, jewels, raw minerals or any other objects or items that are similar in nature and/or purpose.

3.

Section 9: Smuggling Offence
It is a criminal offence for any person to help traffic or bring in any contraband that is not being transported by legal means such as shipping or business delivery to Vice City.

2.

Section III. Criminal Law
Act XXIV
    The Ogra is a protected class of marine wildlife. As such, hunting it is illegal.

III. Charges

1. Harpooning ogras with the intention to sell.
2. Smuggling vehicles.
3. Possession of Illegal weaponry, narcotics and explosive devices.
4. Cooperation in contraband trafficking.

IV. Demands

• Citizen Kool_Kat to be fined a grand total of ARD330.000, breakdown:
   •• ARD120.000 for six counts of possession of illegals.
   •• ARD20.000 for cooperation in contraband operations.
   •• ARD100.000 for over 10 counts of hunting endangered marine wildlife for an intention to sell.
   •• ARD90.000 for smuggling vehicles.
• Citizen Kool_Kat to be jailed for 40 years(40 minutes ingame).

V. Settlement Offer

If Kool_Kat pleads guilty of the above charges, the Vice City Police Department is willing to lower its demands to:

• Citizen Kool_Kat to be fined a grand total of ARD210.000, breakdown:
   •• ARD90.000 for six counts of possession of illegals.
   •• ARD10.000 for cooperation in contraband operations.
   •• ARD60.000 for over 10 counts ofhunting endangered marine wildlife for an intention to sell.
   •• ARD50.000 for smuggling vehicles.
• Citizen Kool_Kat to be jailed for 25 years(25 minutes ingame).


VI. Evidence

Spoiler for Exhibit A:

Spoiler for Exhibit B:

Spoiler for Exhibit C:

Spoiler for Exhibit D:

Spoiler for Exhibit E:

Spoiler for Exhibit F:

Spoiler for Exhibit G:

[

Spoiler for Exhibit H:

1
2
3

Spoiler for Exhibit I:

Spoiler for Exhibit J:

Spoiler for Exhibit K:

Spoiler for Exhibit L:

[

Spoiler for Exhibit M:

Telling me to drive faster
Rushing me to jail her [url=https://ibb.co/iRJYjz][/url]

Spoiler for Exhibit N:

Spoiler for Exhibit I:

Subject is made aware of her rights, tape recorder turned on.
https://i.imgur.com/STr0Mfh.png

Spoiler for Exhibit II:

Property ownership
https://i.imgur.com/13cfO9N.png
https://i.imgur.com/Nm5fXjv.png

Spoiler for Exhibit III:

Harboring of Illegal Items
III-A
III-B
III-C

Spoiler for Exhibit IV:

Confessions
IV-A
IV-B
IV-C
IV-D

Spoiler for Exhibit V:

Way to her storage
V-A
V-B

Spoiler for Exhibit VI:

Illegals stored (confession)
VI-A
VI-B
VI-C
VI-D
VI-E

Spoiler for REFERENCE A:

https://i.imgur.com/OVPWCoh.png

Spoiler for REFERENCE B:

United States of Argonath vs The Slasto Family

[danigold1]

I would like to confirm that Ms. Kat has been notified of the case and summoned.

[Kool_Kat]

Plead Guilty

[danigold1]

Since the defendant has plead guilty, we are requesting the court to treat it the same as the Ibrahim13 case was handled a couple weeks ago so the fine can be taken directly from the defendants account and for the defendant to be jailed properly.

[Klaus]

Vice City Law Courts Argonath Federal Court

From: The Argonath Administrative Tribunal Committee Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: " United States of Argonath vs. Kool_Kat" Proceeding Number: VC-CR0010/2018

If there are no further submissions to be had, judgement is reserved to be handed down within 7 days.

DATED, on this 15th day of July, 2019.

Signed,

Klaus
Sir Klaus
AAT Committee member

[Klaus]

Vice City Law Courts Argonath Federal Court

From: The Argonath Administrative Tribunal Committee Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: " United States of Argonath vs. Kool_Kat" Proceeding Number: VC-CR0010/2018

Medium Neutral Citation:	United States of Argonath vs. Kool_Kat[No. 2] [2020] AFCR 14
Date of Decision:	31st August 2020
Jurisdiction:	Common Law
Before:	Sir Klaus
Catchwords:	CRIMINAL LAW - Administrative Tribunal Committee - trial verdict. CRIMINAL LAW - Defendant charged with possession of illegal weaponry. CRIMINAL LAW - Defendant charged with poaching ogras.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	None.
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Kool Kat (Defendant)
Representation:	DaniGold, Jazz Thompson (P) Kool Kat (D)

JUDGEMENT

[1].        By criminal summons and information filed on the 23rd of September 2018,¹ Ms Kool Kat (the 'Defendant') stands charged with four counts of possession of illegal weaponry under the Crimes (Further Offences) Ordinance 2017, 2 counts of possession of illegal substances under the Crimes (Further Offences) Ordinance 2017.

[2].        Ms Kool Kat has been charged for multiple counts of Poaching, illegal hunting of wild animals, in this case the indigenous Ogra of Vice City. In Exhibit A, the evidence provided by the prosecution is proof that the defendant was caught in possession of dead Ogras. We also find Exhibit B-N compelling evidence that the defendant was poaching Ogras and both selling and buying them on the Black Market.

[3].        The prosecution has adduced multiple exhibits to their case. In the exhibit(s) ('Exhibit I-VI'), which details an interrogation between the defendant and the FBI, and  ('REFERENCE A') including supporting evidence showing the presence of a very large amount of weapons, of which importantly included illegal items too which are prohibited by the Crimes (Further Offences) Ordinance 2017. The illegal items were: M60 machine gun, Kurz MP5 SMG, and a Desert Eagle. It should be noted that not all of these weapons had high levels of ammunition. Also found were C4 explosive and exotic marijuana seeds.

[4].        The Prosecution held an interrogation of the defendant on the 17th September 2018. We find the evidence provided proves beyond reasonable doubt that the defendant committed acts of Poaching. The defendant confesses to have sold and bought dead Ogra's, however argues that these crimes were committed under duress. Although it is important for us to take this into consideration, the defense have submitted a guilty plea and did not further argue this case in court. We therefore are not taking this argument into account during sentencing.

[5].        The evidence provided in Exhibit N is a recording of the defendant selling ogra's at the Black Market. Along with Exhibit A-M, we find this compelling evidence that the defendant has knowingly committed the crime of poaching knowing clearly that their actions are illegal. The defendant shows signs of complete disregard for the law and zero regrets. We do however find that although Exhibit N proves the defendant has sold ogras, it only proves that they have done so on one occasion.

[6].       The prosecution have submitted evidence in Exhibit L that shares the confession by the defendant to having illegally smuggled automobiles. The prosecution have also made the point in REFERENCE B, citing the case United States of Argonath vs The Slasto Family. The defendant, then known as Kool Slasto, has had previous convictions including but not limited to one count of illegally smuggling Automobiles. 

The Criminal Law

[7].        It is enough to say that the defendant has breached the law in being in possession of illegal weapons, and narcotics. The defendant entered into a plea of guilty and did not submit any defense.

Sentencing

[8].        With regards to illegal items, the monetary fine proposed: $125,000 ARD will be decreased to $85,000 based on the illegal weapons and the level of ammunition confiscated.

[9].        With regards to poaching, we find the monetary fine proposed: $100,000 ARD, will be decreased to $20,000 based on the evidence provided. However, the evidence is enough to prove that the defendant has been Poaching excessively and therefore this value is multiplied by 2.

[10].        The defendant is found guilty of two counts of illegal possession of narcotics. Therefore, the defendant is to be issued a monetary penalty of $30,000 ARD based on the amount confiscated by the police.

[11].        The defendant is found guilty of illegal smuggling of autmobiles.  $50,000 is confirmed by evidence, but evidence is enough to prove that the defendant has been smuggling excessively and therefore this value is multiplied by 2

[12].        The defendants overall charge to be decreased by 15% due to a guilty plea given early in proceedings.

[13].        I find it absolutely necessary to apply a heavy deterrence and denunciation for repeated offences by the defendant, taking into account previous convictions. Therefore, the monetary fine will be increased by 30%.

[14].        As such the final sentence that I hand down for the defendant is for him to be fined $288,750 ARD, and for the defendant to serve a term of imprisonment of 25 years (25 minutes). I find no need to take into considerations good behavior or parole as these are systems not developed in this jurisdiction.

I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Judge Sir Klaus.

Register

THE COURT ORDERS THAT:

[1].        That the defendant is to be convicted of the crimes for which he plead guilty to.

[2].        That the defendant is sentenced to an aggregate term of imprisonment of 25 years, (25 minutes) to commence at the earliest date possible when the defendant is taken into custody.

[3].        That the defendant be issued a monetary penalty of $288,750 ARD, to be stripped from the defendant's bank accounts and/or if the defendant cannot pay the sum, for the liquidation of any property, businesses, vehicles or other assets to cover such fine with the rest of the liquidation funds to go to the State.

ORDERED, on this 31st day of August, 2020.

Signed,

Klaus
Sir Klaus
AAT Committee member

_______________________
Footnotes




JUDGEMENT SUMMARY
Today, the Argonath Federal Court accepted a plea of guilty of the defendant and gave her a monetary fine of $288,750 ARD and 25 years in prison. The defendant was found guilty of breaching Act XXIV,  Act II, and Ordinance III of the Constitution of Vice City.
 

• This statement is not intended to be a substitute for the reasons of the Court or to be used in any later consideration of the Court’s reasons.

~Distributed by authority of the Courts of Argonath~