Update: Commonwealth v. James M. Atkinson.... Victory is Mine

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James M. Atkinson

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May 17, 2012, 2:14:48 PM5/17/12
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Victory is mine.

The case went before the jury today, and there was sufficient and
overwhelming evidence produced that proved that I did nothing wrong, and
proved beyond a shadow of a doubt that the Police were lying their asses
off the whole time, and that they had coordinated the lies with two
Federal agents, and with REI.

Documents proved I did nothing wrong, nothing illegal, nothing
unethical, and that I was the ONLY honest person in the transaction.

This was the 2009 cases where a foreign customer ordered goods, got the
goods, and then claimed that they did not get the goods, but it was
proven to the court that not only this they get the goods but also that
the conspired to deceive the court, but the evidence clearly proved
they were lying.

Not only that just there was a confession by one of the witnesses, that
they and the Rockport Police were working together to set me up, on
false charges of larceny and the while thing blew up in their face a few
hours ago.

I will post more details shortly,

Hah, victory is mine.

Fuck the Pigs

-jma


--
James M. Atkinson
President, Scientist and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
Granite Island Group
jm...@tscm.com
http://www.tscm.com/
(978) 546-3803

John Young

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May 17, 2012, 2:22:47 PM5/17/12
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Congratulations. Hope you get set-for-life damages. As well as
accurate reporting of the vindication.


secs...@gmail.com

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May 17, 2012, 2:19:01 PM5/17/12
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You rock brother!!!

Sent from my iPhone

urban...@googlemail.com

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May 17, 2012, 2:27:57 PM5/17/12
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Well done

What's the story how was REI involved ?
------------------

Date: Thu, 17 May 2012 14:19:01 -0400
Subject: Re: [TSCM-L] {6135} Update: Commonwealth v. James M. Atkinson.... Victory is Mine

James Rowley

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May 17, 2012, 2:47:37 PM5/17/12
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I knew you'd always win in the end :)

James Rowley
Creative Technologist
AMV BBDO

bernieS

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May 17, 2012, 3:00:56 PM5/17/12
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Congratulations. Your nightmare is over. Theirs begins...

-bernieS

James M. Atkinson

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May 17, 2012, 3:06:07 PM5/17/12
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I started their nightmare months ago.

The case is now in the Appellate, and people are quite unhappy about it
begin at that level all of a sudden.

See attached, it was recently moved to the First Circuit Court of
Appeals after I called hijinks on some misconduct.

More to follow, much, much more.

-jma
4th Amended1983Complaint[v28.0a].docx

secs...@gmail.com

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May 17, 2012, 3:14:37 PM5/17/12
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James good for you, it's funny how now many come out and say congrats
but during your turmoil only a few knew what you went through,
regardless, you got it!

Sent from my iPhone
> <4th Amended1983Complaint[v28.0a].docx>

James M. Atkinson

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May 17, 2012, 3:25:37 PM5/17/12
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The police were caught lying dead cold, then caught fabricating their
own arrest warrants with no signatures by any judges (merely arresting
people on fake warrants).

Then there was the matter that the company who made the goods in
questions has since been proven to be major arms smuggler, and that they
now owe the U.S. Government billion of dollars in fines, penalties, and
sanctions (they are finding this out right about now).

It is always sad when the police do this, sadder still when they
actually think they can get away with it, worse still when it takes 30
months to finally get it to trial and to get a chance to prove your
innocent, and to have the court agree.

Ah, but what is really sweet if then a little old spy hunter catches
the police red handed engaging is not only fake warrants, and catching
them lying their little butts off, but actually proves that the "Thin
Blue Line" has a paucity of honor and respect in these parts.

Oh yes, then there was the illegal wiretaps, that they got caught red
handed at, and while the wiretaps merely proved I was an exceedingly
honest businessman, and ethical and moral in the way I handled
everything, the police on the other hand exhibited major criminal
actions as they had no actual warrant for the illegal wiretaps. They
were also quite upset that they got caught, a very long time ago...
essentially on the same day they did it, but they did not find out they
got caught until just recently. If boy did they ever get caught, red handed.

-jma


John Young wrote:
> Congratulations. Hope you get set-for-life damages. As well as
> accurate reporting of the vindication.
>
>
>

Adam Stenseth

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May 17, 2012, 3:47:04 PM5/17/12
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Wow.   Sounds like this should largely be a matter for the DoJ at this point.

-adam

Guardz

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May 17, 2012, 3:59:17 PM5/17/12
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I can only Imagine what that was like. I had forgotten about the REI post from a long time back. Never seemed like the type for doing illegal things, or rather dishonest I should say, important to remember that sometimes the "Right" thing might not necessarily be the "legal" thing.

Anyhow, glad you saw it through and hope you enjoy kicking back in bemusement while watching those who would assault your reputation and question your honesty receive their due punishment.

Hope to enjoy a little bit of that soon, but I can't claim to have followed right or legal all the time as of late. Sometimes dealing with Veterans Benefits Adm. and Veterans Affairs Medical can make you a bit short on patience and completely lacking for charm. Eloquent way of saying only a M.D. can make me go HI. =)

Remember to throw out an "I told you so." Usually we don't get an opportunity to say that since its reserved for our significant others... and damn it if she isn't usually right too!


Jason

Sent from my iPhone

>>> --James M. Atkinson

James M. Atkinson

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May 17, 2012, 6:35:08 PM5/17/12
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They have had it "for a while" and have developed an keen interest in about three dozen bad actors, some of whom where actually found in the DOJ.

Not to worry, I was very careful to make all of the proper and appropriate filings in the matter to that DOJ was involved at the proper time.

Both their Civil Right Enforcement Division, (other division, and other divisions on a unrelated matter) are all involved, and keenly interested in what went down.

-jma

James M. Atkinson

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May 17, 2012, 6:51:45 PM5/17/12
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"I told you so"

The greatest of irony is that a certain TSCM fruitcake was really close friends of James A. Ross "The Pontiff" and called Ross up in a fit of joy to inform him of my arrest and arraignment back in December 2009, and while he was on the phone with Ross laughing about it and being joyous with James Ross.... he dropped dead (Ross dropped dead) and basically died laughing about my misfortune. (The sick Bastard actually recorded the call, during which Ross died)

Well fsck him, and Ross too... while justice was delayed, it eventually was served, and I was found not guilty.

So if any of you kind people out there need a court certified HONEST TSCM specialist, then let me know, because I have been tried by fire, and  deemed an honorable and honest man... a little quirky, but ultimately very honest... the same can not be said for others.

Seriously folks, I am in serious need of sweep work, and woudl greatly appreciate either sweep work, or any (ahem, cough) donations to my PayPal account.

Also, while I am at it, if you need the services of one of the best criminal defense attorneys in the country I recommend Steve Spring of the firm Spring and Spring (they have several offices in various parts of the U.S.). He understand TSCM and related matter, and can actually outsweep most sweepers, and he is a master at ITAR and equipment import and export matters. A few dollars spend talkign to him about your gear could save you a long prison sentence as he knows what is and what is not legal to import or export. Not only is is high skilled in technical cases, but also highly skilled in homicide cases, complex business cases, exposing corrupt officials (including Rockport Police Officers). Feel free to mention that I suggested that you and he talk, he can save you your freedom, money, and maybe even your life, and he can be reached at: (225) 932-9671, call and is you can not reach him, leave a message where you can be reached, he is really good with returning phone calls.

-jma

James M. Atkinson

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May 17, 2012, 6:52:59 PM5/17/12
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Thank You, greatly.

-jma

Eric Schmiedl

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May 17, 2012, 7:19:18 PM5/17/12
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Another strike for a just world. Congratulations.

Maury

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May 18, 2012, 12:36:09 AM5/18/12
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Thanks for the news, Jim. This settlement is great for you personally.
Thank you for your willingness and cost to have taken this to court for
the benefit of all the rest of us. Some of us chipped in a tiny bit but
nothing compared to what you have expended on our behalf.
Thanks again,
Maury&Dog

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Joe Keegan

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May 18, 2012, 5:48:23 AM5/18/12
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CONGRATULATIONS!

Joe Keegan

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May 18, 2012, 5:50:29 AM5/18/12
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When you have the time and are sufficiently recovered enough, you may want to check out:
www.lawlessamerica.com  and www.getagripamerica.us . When he's up in your state, you may want to tell him about your story.

On Thu, May 17, 2012 at 2:14 PM, James M. Atkinson <jm...@tscm.com> wrote:

Gmail

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May 19, 2012, 5:55:25 PM5/19/12
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How could the case go before the jury, and be dropped due to lack of witnesses at the same time???

James M. Atkinson

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May 19, 2012, 7:44:34 PM5/19/12
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Simple.

1) Here is the Defendant
2) Here is the Judge
3) Here is the Jury
4) Here is the exculpatory evidence (tens of thousands of pages the defendant did nothing wrong)
5) No evidence of wrong doing could be provided, and any form
6) Here is the evidence of the innocence of the defendant that the police tried to hide, aggressively.
7) Here are the summons and the subpoenas issued to the people who claimed to be witnesses
8) Where are the empty seats where the witnesses against the defendant are supposed to be sitting
9) Here is the document that  the court had to sign in order for the defendant to be arrested (the signatures are missing)
10) Here is the document that alleges the defendant did something wrong, but no actual probable cause is actually stated
11) Here is the judge looking quite pissed off at the prosecutor
12) Here is the jury looking at the prosecutor and the police, and boy do they look pissed, more pissed then the judge looks.
13) Here is the judge looking at the six foot high stack of records
14) Here is the judge reading about 22 CFR 121.1 XI(b)
15) Here is the judge reading about international treaties about arms control
16) Here is the judge looking at hundreds and hundreds of REI export Shippers Export Documents, spanning over a decade
17) Here is the judge looking at the State Department report that says that REI is not a lawful manufacture or exporter
18) Here is the judge looking at the Customs letter that revoked REIs ability to export goods for a period of time
19) Here is the judge looking at the annual reports published by the U.S. State Deprtment of all U.S. Made Exported Arms (including TSCM gear)
20) Here is the judge trying to find any mention of REI performing legal exports in State Deprtment reports (of TSCM gear exports)
21) Here is the judge reading the State Department report that says it takes 143 days on average to get legal approvals of TSCM gear
22) Here is the judge reading the Commerce Deprtment Reports that fails to list REI as getting required ITAR export licenses
23) Here is the judge getting progressively more pissed off
24) Here is the judge reading the  End User Letter by the government of Uzbekistan, issued 2 business days before Defendant was arrested.
25) Here is the  judge reading the E-Mails where extortionate threats were made unless Defendant broke the law and did an illegal export
26) Here is the jury looking even more pissed off then the judge
27) Here is the prosecutor banging his head on the table
28) Here is the judge looking at the  Police Officer, and uttering most unkind works about dishonoring the uniform and something about tarnished badges
29) Here is the judge using the word perjury several times
30) Here is the judge apologizing to the jury
31) Here is the judge apologizing to the Defendant
32) Here is the case being dismissed
33) Here is the judge stating the the Defendant was the only honest and honorable person in the transaction
34) Here is the police officer stamping his feet and shouting like a four year old brat
35) Here is the police officer being "booed" out of a local restaurant

Like I said, simple

James M. Atkinson

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May 20, 2012, 5:29:45 PM5/20/12
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I actually demanded a jury trial, as is my right under U.S. law.

The problems is that the prosecutors could not produce even a sliver of evidence that I did anything wrong, and could not produce a single person who was willing to testify under oath that I had done anything wrong.

Then there was the evidence that the police and the prosecutor hid for 29 months, that proved beyond a shadow of a doubt that I was innocent, and that the whole thing was a set up from the very beginning.

Then court  documents were presented that proved REI beyond a shadow of a doubt that REI has been illegally manufacturing and smuggling arms for over 10 years, likely over 20 years.

Then there court documents that proved the REI worked with my local police department to set me up, to delay a shipment (which I had already paid REI for in full), so the police could charge me with a crime, when in fact I had done nothing wrong. REI has been going wild in damage control mode over this case, especially since the issue of thier smuggling of arms had come to light (in Fall 2007).

In fact REI actually sued me to try to not have to produce documents, and then railroaded the case though thier local court, and I responded by removing the case to Federal Court, and it is now in the First Circuit Court of Appeals after the judge in the matter was caught red-handed violating federal law, and I removed it to the Appellate level (who do not take kindly to judicial misconduct in the lesser, more inferior courts).

What a lot of folks may not know is that I caught REI red handed doing massive, and I mean massively massive arms smuggling in Fall 2007, and I confronted them over the smuggling, and at that time REI threatened me with retaliation.  I was concerned because REI had been telling me for years that they were applying for and obtaining the required ITAR/Department of State licenses for all exports, and I came to suspect that they were not so I started asking questions and demanding export paperwork. I then continued to push them for copies of the licenses on other shipments, and even checked with Customs, Commerce and the U.S. State Deprtment who all confirmed that REI was not obtaining ANY licensing as required for their shipments. After that point our relationship deteriorated, and there was the matter of millions of dollars in commissions that they owed me that they refused to pay. In 2008 and 2009 I started noticing they were playing more and more  games with me, and then in the Fall or 2009 they took their games to a different level and have since confessed to setting me up from the very beginning.

In the Fall of 2007 after I suspected what they were up to I properly reported the matter to the appropriate authorities, and took appropriate other actions (of which I am not allowed to speak), which is likely why I got set up by them. Then they actually tried repeatedly to set me up in 2008 without success, and then several times in early 2009, and then repeatedly tried to get me to commit export fraud which they were not successful in doing.

As many of you knew I actually was clinically dead as a result of this, and was hospitalized for a while, and had to have surgery.

If you have REI equipment you would do well to seek an alternate supplier of TSCM gear as you may soon find that you can get no customer services, repair, calibration, or training from the company. If you are plannign to purchase some of their equipment don't. If you are not a U.S. Citizen and you possess any of their equipment you could be an very serious legal trouble because you do not possess it legally. Please go back and read that last sentence, because you could be brought up on criminal charges for possession of their equipment as is it impossible for you to have gotten it legally.

If you have REI gear and you are NOT a U.S. Citizen or you are the U.S> Citizen and you took this gear outside the borders of the U.S. then you need to contact the U.S. Embassy closest to you right away and inform them that you are in possession of smuggled equipment that you purchased, and which was not lawfully exported from the United States, and that the equipment is in violation of 22 CFR 121.1 XI(b) and that you wish to self report the illegal transaction and immediately turn over the equipment to them or to your own government.

As a replacement for your REI gear I woudl recommend the the equipment made by Anristu, Tektronics, Winkleman, LorNet, AudioTel, PPSL, Fluke, and other companies. BUT, if is is TSCM gear or related supplied ensure that first the company in question has a current State Department license to manufacture the equipment (REI did not), and they every import or export has a DOS-PM/DDTC export license number on all of the paperwork.

DO not be surprised of you government comes knocking on your door to collect both you and your illegally imported/exported equipment. Having a candid discussion without he U.S> State Deprtment will save you a lot of hassles.

If you woudl like to chat with  someone at the U.S. State Deprtment I woudl suggest that you speak first with Beth M. McCormick at (202) 647-0337, and then to Robert Kovac, or actually anybody at the PM/DDTC Response Team. The PM/DDTC enforcement people will seek to have an extended discusison with you, so study up on ITAR compliance, and the Wassenaar Arrangement and UN Security Council arms embargoes before you call them.

You can also reach them by E-Mail at:
"Beth M. McCormick, U.S. Department of State" <mccor...@state.gov>
"Robert S. Kovac, PM/DDTC, U.S. State Department" <Kov...@state.gov>
"Smith, Glenn E, PM/DDTC Enforcement and Compliance" <Smit...@state.gov>

When possible try to keep you inquiries and correspondence with them in a written format, and remember these are the folks who ignored what REI was doing the whole time, and who took no enforcement action against REI for 15 years.

-jma

Justin Ferguson

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May 20, 2012, 6:14:03 PM5/20/12
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> I actually demanded a jury trial, as is my right under U.S. law.

Just a small point of pedantry, because this is a common
misconception. Your right to a jury trial is violate. The SCOTUS has
ruled that if you face 6 months in jail or less, that the charges are
considered to not be serious enough and you are not granted the right
to a jury trial. You receive a bench trial and can request a jury
trial, but it varies state by state at that point.

Just another one of your alienable inalienable rights.

David Johnson

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May 20, 2012, 5:53:45 PM5/20/12
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When you said it went before the jury, it means that the jury actually
deliberated. Which they never got the chance to.

In the initial phases of a trial, the government has to prove that (a)
a crime was committed and that (b) the defendant committed the crime.
Under case law you have the right to face your accusers of which none
were present. There was no proof that a crime was committed.

As for proving the other claims by you, it has not been decided by a
court i.e. taken to trial for the charges you allude to. If your
evidence was so substantial then the judge would have directed the
prosecution to start proceedings as you are now the complainant.

So the case was either dismissed by the judge or withdrawn by the
prosecution (either with or without prejudice). If without prejudice
then the case may be retried, if withdrawn/dismissed with prejudice
then it cannot be retried

secs...@gmail.com

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May 19, 2012, 8:00:12 PM5/19/12
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LMAO
Wish someone would have recorded it ;-)

Sent from my iPhone
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