Legal Definitions:

 

Organization

Criminal

Crime

Negligence

Intentional Tort

Racketeering

Racketeering Criteria

           1. Conspiracy

2. Conduct

           3.  Control

           4.  Investment

Duress

Coercion

 

Organization;  “A generic term for any type of group or association of individuals joined together, either formally or legally.  This could include a corporation, government, partnership and any type of civil or political association of people.

Does their collective behavior rise from merely illegal to criminal? 

 

Criminal; relating to or having the character of crime.  OK, fair enough.  So what is the legal definition of crime?

 

Crime?  “A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison and/or a fine as possible penalties.”  There is some sentiment for excluding from the “crime” category, crimes without victims such as consensual acts, or violations in which only the perpetrator is hurt or involved such as personal use of illegal drugs.

Examples of crime would include; act prohibited by law, breach of law, corruption, criminal activity, criminal offense, delict, delictum, delinquency, dereliction, deviation from rectitude, encroachment, felony, flagitiousness, fringement, graft, gross offense against law, guilty act, indictable offense, infringement, jobbery, malfeasance, malversation, misconduct, misdealing, misdeed, misdemeanor, misdoing, misfeasance, noncompliance with law, nonobservance of law, obliquity, offence, offense, offense against the law, offense against the state, official misconduct, omission prohibited by law, public wrong, serious infraction of the law, violation of law, wrong.

 

Negligence;

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). 

Overview

Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care are the foreseeable likelihood that the person's conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005).  Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so.  See Restatement (Second) of Torts § 282 (1965).

Five elements are required to establish a prima facie case of negligence: 

1.     The existence of a legal duty to exercise reasonable care.

2.     Failure to exercise reasonable care.

3.     Cause in fact of physical harm by the negligent conduct.

4.     Physical harm in the form of actual damages.

5.     Proximate cause, a showing that the harm is within the scope of liability.

Wow; now we’re getting somewhere!   Review of this website will certainly demonstrate a repetitive pattern of activity, conducted collectively by a group of individuals that injures and has lead to the death of other individuals. 

1.     Legal duty; The NCMB has a legal duty, for that matter so do all of the state officials who have been contacted (repeatedly) and there is no evidence of action on their part.

2.     Failure to exercise reasonable care; The NCMB is not even following state and federal statutes in their actions, certainly, this is such failure!

3.     Cause of harm due to the negligent conduct; victims & deaths should certainly constitute “harm” caused by the NCMB’s actions.

4.     Actual damages; death and loss of career, family, home, office buildings, patient base.  That is a lot of damage.

5.     Proximate cause; Without the illegal pattern of activity by the NCMB, there would be no reason to pursue any action or change.

 

But, to play “devils advocate” for a moment, could these actions be due to negligence of any of the parties involved, or is it more than negligent? 

 

Intentional Tort;

A wrongful act, not including a breech of contract or trust, that results in injury to another’s person, property, reputation or the like and for which the injured party is entitled to compensation.

(law) A civil wrong arising from an act or failure to act, independently of any contract for which an action for personal injury or property damages may be brought include all negligence cases as well as intentional wrongs which result in harm.  Therefore, tort law is one of the major areas of law (along with contract, real property and criminal law) and torts may also be crimes such as assault, battery, wrongful death, fraud, conversion (a euphemism for theft), and trespass on property and form the basis for a lawsuit for damages by the injured party.  Defamation, including intentionally telling harmful untruths about another, either by print or broadcast (libel) or negligence.

damages, assault, battery, fraud, wrongful death, conversion, trespass, defamation, libel, slander)

 

Racketeering;

Traditionally, obtaining or extorting money illegally or carrying on illegal business activities, usually by Organized Crime.  A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in illegal activity.  The latter definition derives from the federal Racketeer Influenced and Corruption Organizations Act (RICO),  set of laws (18 U.S.C.A.§ 1961 et seq. [1970]) specifically designed to punish racketeering by business enterprises.

Racketeering Criteria;

For racketeering to be present, 4 pillars must be proven;

1.     Conspiracy; An agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors.

-The conspirators in this case would include the legal department of the NCMB, the NCPHP who has not made any effort to expose the behaviors of the NCMB attorneys, the “defense” attorneys recommended by the NCMB to it’s licensees who have been given “notice of existence of information”; the first step to an official Board investigation which places the defense attorney “preferred” by the NCMB in a perfect position to work with the other parties involved.  There is no way that the NCMS can not be aware of this arrangement.

2.     Conduct;  Noun; personal behavior; way of acting; bearing or deportment; direction or management; execution (the conduct of a business); the act of conducting; guidance; escort: (The curator's conduct through the museum was informative) Verb; to behave or manage (oneself) (He conducted himself well); to direct in action or course; manage; carry on (to conduct a meeting; to conduct a test); to direct (an orchestra, chorus, etc.) as leader; to lead or guide; escort (to conduct a tour).

-The actions of the actors involved are clearly demonstrated and documented on this site

3.     Control; the power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.  v. to exercise the power of control.

-This document clearly demonstrates the level of control over the licensees that these entities enjoy and the routine use of control in the manner in which their businesses are conducted regarding and over their licensees.

4.     Investment; The placement of a particular sum of money in business ventures, real estate, or Securities of a permanent nature so that it will produce an income, the money put into use for profit, or the property or business interest purchased for profit.

-This is the one pillar that is not completely proven, it must demonstrate the flow of value, assets, goods, services, money etc. between the parties.   By definition, this would be covert, concealed to camouflage any illegal activities.

Duress;

Wrongful pressure exerted upon a person in order to coerce that person into a contract that he or she ordinarily wouldn't enter. Duress involves an intentional use of force or threat of force in order to induce the contract. It can be either physical or mental coercion, but the coercion must be to the extent that it deprives the other person of free will or freedom of choice. This means that the person is left with no reasonable alternative other than to enter the contract.

 

Coercion;

Coercion, undue influence, misrepresentation and fraud. Getting consent for a contract in a number of shady ways can make a contract voidable. Contracts entered into based on coercion, threats, false statements, or the party who was the victim of the unfairness can void improper persuasion.