According to the Federal Criminal Resource manual, A Federal investigation that leads to a Federal Indictment, should be handled by the Agency or Bureau that has Jurisdiction over the Statutes assigned by citation.
According to the Federal Criminal Resource manual, an investigation into Federal offenses involving money laundering, fencing, drug and gun charges, would fall under the Jurisdiction of the FBI. The FBI then delegates agencies with Jurisdiction over specific statutes to assist in the investigation. To wit; Postal Inspector for mail fraud and IRS for financial crimes.
The FBI begins the Federal level investigation by initially gathering the details of information from the police, decides if the details of the crime would merit a Federal level investigation and takes the information to the Attorney General. The Attorney General and the FBI present the Federal Prosecutor with the evidence and the Federal Prosecutor must determine if a case merits a Federal Prosecution, and what Federal statutes of law merits a Federal level prosecution.
BACKGROUND OF FACTS:
In the Yellow House case, the local Police department began the investigation November 2005 as a State level case with the assistance of the IRS and Postal Inspectors office.
After one month of investigation by two LKPD patrol officers Jay Bialek and Micky Rantz, on December 2, 2005 the local Police assisted by Sheriffs deputies, District Attorneys, Drug enforcement task force, Postal Inspectors, and IRS agents executed an illegal unwarranted search of the defendants home, violated the legal search warrant of the business, tried to cover-up for the lack of a search warrant at the residence by acquiring a "Piggy back warrant" midway through the search.
THE NEED FOR COVER-UP:
Dec. 3, the Lawrence Police Departments Internal Affairs Sgt. Dan Ward made defaming false allegations to the media about details of the case, allegations of wrong doing, estimated dollar amounts of the crime, the defendants presumed guilt and publicly labeled the defendants business as "the largest most sophisticated fencing organization ever in the history of Lawrence". All in violation of Departments Procedure and Policy. The local District Attorneys office declined to press State charges or be involved in the case.
LACK OF ACCOUNTABILITY LEADS TO CORRUPTION:
There is no citizen review board in Lawrence for individuals to express grievances about the actions of the Police department. The City Manager, City Counsel and Internal Affairs do not handle complaints of police misconduct in connection to ongoing investigations. The complaints the Yellow House business owners turned in to LKPD Internal Affairs were forwarded to the Federal Prosecutor Marietta Parker.
THE SCHEME:
As a favor to the Police Chief Ron Olin, The Federal Prosecutor Marietta Parker accepted the State case being investigated by two Patrol officers for Federal Prosecution. To cover-up for the fact the FBI was not involved in the investigation, documentation shows she allegedly had the two patrol officers stage the appearance of an FBI investigation by insinuating to various individuals that the FBI was involved in the investigation, telling witnesses they were being filmed by FBI surveillance, investigated or questioned by FBI agents.
In response to the formal complaint by the defendants that LKPD officers were posing as FBI agents. The Prosecutor Marietta Parker sent down Kansas City FBI Special Agent Bob Shaefer ie: "Walter Robert Schaefer" to stage an investigation and clear the Police Department of any wrong doing. Even though the Topeka FBI is the resident agency with Jurisdiction over Lawrence matters.
The same day the police are cleared by Kansas City FBI Agent "Bob Shaefer" in retaliation for the defendants complaints, the Prosecutor Marietta Parker had local police officers assisted by the Postal Inspectors and the IRS execute two more search warrants on the defendants business and home, which entailed the seizure of more merchandise, the seizure of the copies of the same business records the police had given the business 6 month prior,(since the originals were still being detained from the original search warrant in 2005) and personal computers,and ipods of the entire family.
In October 2006 LKPD officers Jay Bialek and Micky Rantz violated the Constitutional right of the defendants to have counsel during questioning and violated the chain of evidence rule by returning seized evidence without proper procedure.
In response to the defendants filing a complaint that was forwarded to the Prosecutor Marietta Parker, the US Attorney's office had the Postal Inspector David Nitz and IRS Agent Robert Jackson arrest the Neighbors for for being unlawful users in possession of firearms United States v. Neighbors, Case No. 06-20171-CM, in violation of Title 18, USC sections 922(g)(2) .
Arrests by the Postal inspector who according to Title 39, section 233.1 of the Code of Federal Regulations only has jurisdiction over cases involving the mails, and IRS Agent whose general authority is enforcement relating to the Internal Revenue laws and statutes, was a violation of the Neighbors constitutional rights because the arresting agents were acting outside of their legal authorized Agencies Jurisdiction in violation of Kansas law.
IN CONCLUSION:
The Neighbors allege that the entire Yellow House case is a corrupt State level investigation involving a Federal level Conspiracy that has been ongoing since 2005. This State investigation has resulted in four separate flawed Federal Indictments, absent of an FBI investigation, both defendants being falsely arrested and incarcerated in a Federal Prison for a State case. All four indictments (Two for the same Federal drug and gun charges, one for Ebay case, and one for Obstruction of Justice) were the result of corrupt State level investigations by patrol level police officers, and the Federal arrests were carried out by the Postal Inspector, assisted by the IRS and uniformed officers in conspiracy with the Federal Prosecutor All lacking agency Jurisdiction over the Statutes and codes being enforced.
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