United States of Argonath vs. [NAR]Spartain

[Edgplicit]

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

Criminal Prosecution Case
CASE NO 190920181329
24/09/2018
TO: The Court of Vice City
FROM: Desk of Special Agent Jazz Thompson, Federal Bureau of Investigation, Ocean Beach

I. Opening Statement
Your Honor,

On 24th August 2018, [NAR]Spartain now known as [Elv]Spartain (confirmed by property ownership, REFERENCE-A) was caught storing items at the property #148 Havana House in the bodycam footage of Undercover Operative Max Callahan [EXHIBIT I].

On 17th September 2018, Search and seize warrants were issued and executed. The outcomes of this operation were quite shocking, Federal Bureau of Investigation has found Citizen [NAR]Spartain to be in possession of gigantic amount of various illegal firearms and explosives [EXHIBIT II.B] :

• 27x Explosive Devices.
• M60 Machine gun with 674 ammo.
• Bulldog Shotgun with 203 ammo.
• 1x Explosive Grenade.
• 15x Remote Controlled Grenades.
• Flamethrower with 500 ammo.
• Kurz MP5 SMG with 2355 ammo.
• Desert Eagle with 889 ammo.
• 25x Molotov Cocktails.

The inventory was found heavily constricted with firearms. Therefore, Federal Bureau of Investigation is aiming to prosecute the defendant in the court.



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.

III. Charges


• Possession of Illegal weaponry.

IV. Demands

• Citizen [NAR]Spartain to be fined 450.000ARD for posession of illegal weaponry in tremendous amounts.
• Citizen [NAR]Spartain to be imprisoned for twenty years in federal prison (20 minutes ingame).
•  The Bureau demands that Property #148, Havana House is not sold, handed over or otherwise has its ownership changed until the court adresses the following demand:
    •• The Bureau demands that Property #148, Havana House is seized from the defendant [NAR]Spartain.
       ••• The Bureau is granted a long-term search warrant for Property #148, Havana House for the period of three years (three weeks) after the defendant serves his sentencing to ensure that no further attempts of use of this Property for criminal operations are made in case the above demands are not met.


V. Settlement Offer

The Federal Bureau of Investigation is willing to lower its demands to:

• Fine of 350.000ARD in total.
• Imprisonment for 10 years (10 minutes ingame) in Federal Prison.

VI. Evidence

Spoiler for Exhibit I:

Spoiler for Exhibit II:

Spoiler for Reference A:

[Kessu]

As new main legal representative for the FBI, I will now take over prosecution of this case.

Defendant has been summoned (via ARPD forums).

[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. [NAR]Spartain" Proceeding Number: VC-CR0021/2019

COURT MINUTE

As the defendant has failed to enter a plea, he has been defaulted into a not guilty plea. The defendant shall be given one week to submit a defence and any sentencing submissions. The prosecutor can respond to those submissions but must do so before the 5th of April.

THE COURT ORDERS THAT:

[1].        That the defendant file a defence on or before 3rd April 2019.

[2].        Any reply or counter-submissions by the prosecutor be filed on or before the 5th April 2019.

ORDERED, on this 27th day of March, 2019.

Signed,

Klaus
Sir Klaus
AAT Committee member

[SPARTAIN]

Your Honor,
I accept that i did wrong in the past and i apologize.I was mentally ill in my past  and now I can finally say that I am in good condition.I accept my mistake but the Fine is too huge i cant pay that.I request you to decrease the fine

[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. [NAR]Spartain" Proceeding Number: VC-CR0021/2019

Medium Neutral Citation:	United States of Argonath v Spartain[No. 3] [2019] AFCR 14
Date of Decision:	30th June 2019
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL LAW - Administrative Tribunal Committee - trial verdict. CRIMINAL LAW - Defendant charged with possession of illegal weaponry.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	None.
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Spartain (Defendant)
Representation:	Kim Purp Lee (P) Spartain (D)

JUDGEMENT

[1].        By criminal summons and information filed on the 24th of September 2018,¹ Mr Spartain (the 'Defendant') stands charged with nine counts of possession of illegal weaponry under the Crimes (Further Offences) Ordinance 2017.

[2].        The prosecution has adduced two exhibits to their case. In the first exhibit ('Exhibit 1') which details the original warrant request, and  ('Exhibit 2') including the 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, Bulldog shotgun, M2A1-7 Flamethrower, Kurz MP5 SMG, and a Desert Eagle. All which had high levels of ammunition. Also found were high levels of Explosive pin grenades, Explosive remote grenades, Molotov cocktails, and C4 explosive.

The Criminal Law

[3].        It is enough to say that the defendant has breached the law in being in possession of these items. The defendant entered into a plea of guilty and did not submit any defense.

[4].        I find it absolute necessary to record a conviction against the defendant for the the sheer quantity of illegal items he possessed.

Sentencing

[5].        I find it absolutely necessary to apply specific deterrence and denunciation for the sheer quantity of the weapons.

[6].        The monetary fine proposed: $450,000 ARD will be increased to $510,000 based on the illegal items confiscated. The term of imprisonment proposed of 10 years is increased to 15 years.

[7].        With respect to the private property, the Court will grant the prosecution’s submission and will ask that property be removed from the Defendant’s possession, if it is not in the Defendant’s possession then no action against the property is to be taken. The reason for such is that the property has or was become a known premises for illegal activity and the reputation of such a property should be changed.

[8].        The defendant will have a charge of $30,000 for delaying the case.

[9].        As such the final sentence that I hand down for the defendant is for him to be fined $540,000 ARD, and for the defendant to serve a term of imprisonment of 15 years (15 minutes). I find no need to take into considerations good behavior or parole as these are systems not developed in this jurisdiction. Finally the defendant’s property is to be stripped from the defendant.

I certify that the preceding nine (9) 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 15 years, (15 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 $540,000 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.

[4].        That Property #148 at Little Havana, if still under the possession of the Defendant, be removed from the Defendant’s possessions and held by the State. The State and its officials may determine what to do with the property after taking possession of the premises.

ORDERED, on this 30th day of June, 2019.

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 him a monetary fine of $540,000 ARD. The Court increased the proposed term of imprisonment of 10 years to 15 years for the defendant based on the amount of illegal items confiscated.
 

• 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~