Monday, October 24, 2011

NH AG’s Office, Delaney & Tracy covering up SECRET CASH TRANSACTION between Chief of Police Gary Phillips & Subordinate Officer Eric Ammann?

AG’s office helps cover up one Public Official giving another Public Official money in exchange for favors? A BRIBE?


It was reported to the AG’s office, Gary Phillips, Chief gave Eric Ammann of NH State Police money from his own pocket in exchange for Ammann to come work for him full time.

Why is the AG’s office doing nothing about our corrupt NH Cops?

An investigation? Or a cover up?

Does the AG’s Office put the community and the general public at risk by ignoring reports about corrupt practices of our public officials?

A seasoned law enforcement official and criminal investigator for the NH Attorney General’s Office, Richard (Dick) Tracy, gives a wishy-washy explanation about Phillips lame-ass excuse for how Eric Ammann came to have this extra money in exchange for coming to the WPD full time.

Tracy reports, Phillips begged Ammann to come work for him at the WPD and he gave Ammann a personal check, drawn on his own personal account in exchange for doing so.

Phillips admits to Tracy it was $2,000.

Instead of asking Phillips how Ammann got the money, who gave him the money and who wrote the check he did nothing to find out exactly where the money came from, Tracy blows over that little detail.

Something to hide?

Instead of asking for a copy of the check – an easy way to figure out where the money came from, he didn’t bother.

According to Tracy, he drove 1 ½ to 2 hours to go all the way to Winchester for a face to face interview with Phillips and according to his report, couldn’t get an answer to the question – WAS the payout part of salary or did it come from Phillips himself?

Makes no sense does it? Why bother wasting the taxpayer’s money if you don’t want to look in the cave after you spend your time and gas money driving to it?

Tracy, you could have stayed in Concord and summoned Phillips up there for all the nothing you accomplished.

When is the NH Attorney General's office going to finally admit that they can't hide the corruption anymore and that they have bad cops in the State of NH they refuse to deal with while putting the public at risk?

And what about the Town of Winchester and the officials running the Town who knew about this?

Phillips admitted giving Ammann money, Ammann has said he got a check from Phillips personal account and NOT FROM THE TOWN OF WINCHESTER, in exchange for him agreeing to immediately come to work at the WPD at the time the offer was presented.

Hmmmmmmmm. If it smells like a bribe???? What else can you call it? Read the RSA on Corruption and Bribes. See copy of document.

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From Tracy’s report: “Approximately 2 years ago, Eric Ammann was working as a full time dispatcher for the NH State Police and a part time officer with Winchester. He had been trying to land a full time position as a police officer but was not able to pass the physical test. Chief Phillips approached Ammann and asked him to work full time with the department in the hopes that Ammann would eventually pass the PT test in the near future. Ammann was reluctant to do so noting that he needed the full time benefits that he had with State Police. Reportedly the Chief gave Ammann $1,500.00 out of his own pocket if Ammann would take a full time position with his department.” Open link to see copy of document.

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Phillips tells him: “A few years back Eric expressed his desire to work full time as a police officer, Winchester, was short handed having lost two officers to Hinsdale PD with a third officer out on workman comp everyone was working more overtime than they cared to. Phillips approached Eric who was working as a full time police dispatcher reference working at Winchester on a full time basis. Eric was hesitant to do that as he would lose benefits that he had with the state. Philips offered Eric $2,000 bonus to offset the loss. Phillips noted that he was desperate at the time, his officers were working more hours than they should and he feared for their safety from being overtired. Eric would accept the Chief’s offer…..” Open link to see copy of document.

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Tracy’s Summary of the reported crime: “The Chief paid Ammann $1,500 dollar to take a job with the department. That allegation shocked Chief Phillips. First the Chief doesn’t understand how that would benefit him or the department. Secondly the Chief pointed out that Ammann is a local guy who the Chief feels would fit in real well with the community and the department. Phillips assisted Ammann with getting a membership at the local gym. Phillips stated that around two years ago his department was shorthanded. Everyone was working additional hours, which became a safety concern for the Chief. He approached Ammann requesting that he work full time for the PD instead of part time. Ammann a dispatcher with the NHSP was concerned with losing his benefits. Phillips offered Ammann a $2,000 bonus to help offset the cost of benefits he would lose if he came to work for full time for Winchester.” Open link to see copy of document.

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The benefit to Phillips, in case Tracy missed some training classes on the way up to Concord, is that Phillips gets to keep his job and doesn’t get booted out on his ass.

What more did Tracy need? Phillips admits offering Ammann $2,000 and instead Tracy PLAYS WITH his OWN WORDS, figuring people won’t or are too stupid to catch on, “Philips offered Eric $2,000 bonus to offset the loss” and that “Eric would accept the Chief’s offer”.

He offered the money, Ammann accepted the pay off and started working fulltime for Phillips.

Headlines the AG's is afraid of. Extra, Extra, Read all about it.............  

“Chief of Police gives his personal money to a subordinate officer in exchange for that officer having to meet conditions he set forth such as coming to work for him at the PD!”

And,

“By-passes the Town approved budgets for police officers salaries by admitting to propping up the salary of one of them by going outside the scope of how employees at the Town of Winchester are paid!”

Is that what the AG’s office is afraid of? Afraid of the headlines that don’t make them look good?

Phillips and his cronies need to be reminded of who pays their salaries.

Was this exchange of money reported to the Internal Revenue Service and State of NH, so that the proper amount of taxes and pension were paid?

What about a 1099? Did Phillips provide Ammann with a 1099?

Why can’t NH citizens get the AG's to do a proper investigations of our elected and appointed official’s misdeeds? Has the NH AG’s office and Delaney turned it’s back on all of NH or just Winchester, NH and the honest and decent people who live here?

Are we left to fend for ourselves and wait for more harm to come to the citizenry of this town? More lawsuits, more injuries and more scandals?

The AG’s office could have and should have applied for search warrants of both Phillips and Ammann’s financial records when Tracy first learned money passed hands between Phillips and Ammann? Why didn’t Delaney order this be done and why hasn’t it been done? They have the power.

The AG’s office, Delaney, Tracy et al, can’t keep standing behind the wall and saying there is no evidence any crimes being committed by our NH Police Force when they refuse to get the evidence that exists that proves crimes are committed.

When Tracy got to Winchester he knew that Phillips and Roberts were being investigated for bank fraud. Couldn’t he put 2 and 2 together?

Isn’t presenting fake documents and fraudulent information to a bank, regardless of the reason or excuse, illegal? Criminal? Against the Law? Something Prosecutor’s prosecute people for? Something the Police charge people with? Something people go to jail for?

I don't recall seeing a PS at the end of the NH Criminal Statute with a bunch of but if's or because this or because that.

It doesn't matter anyway, the AG’s office find them in violation. And since they were in violation of the by-laws, why weren’t they found to be in violation of the criminal laws?

Let’s see – bet the AG’s said we’ll just tell ‘em we just don’t think it wasn’t intentional, then we don’t have to do anything, we can close the case.

Or maybe they said that they’re just a little confused about the laws and didn’t realize that they had to follow the laws too, they thought the laws .

Another get out of jail free card? Why did the AG’s office let them off the hook on that one? 

Were they looking the other way and pretending none of it ever happened?

If the police can be bought and sold so easily out in the open in broad daylight, what are they doing behind the closed doors we never find out about? How can we trust or believe anything they say?

Tracy didn’t follow through on information he was given and that information, was information that he could have easily substantiated what Phillips did was WRONG and ILLEGAL. Why not? Why didn’t he? Because he doesn’t have to? Not a valid excuse. It’s up to the AG Office to police the police. That’s one of their jobs.

Phillips had a BIG PR problem. Phillips also has a BIG EGO PROBLEM.

He didn’t want the word to get out that his police department was in shambles due to his mismanagement, he could lose his job if he were to be found an incompetent. Lose his job, his benefits, his paycheck. MOTIVE to BREAK the LAW?

Emails from the Town show the money didn’t come in a payroll check. Tracy should have done his job and asked this one simple questions from Town Hall.

Email to the Town dated 10/23/10:

“It is my understanding that when Eric Ammann was hired fulltime at the Winchester Police Department, the Town paid him a substantial sign on bonus.”
“Can you tell me specifically how much this additional salary cost the taxpayers?”
“I would also like to analyze the line item that shows this money being paid to him.”
“Who authorized this sign on bonus? Was this done by Selectmen’s vote? If so, can you tell me at what BOS meeting this vote took place during?”
Also, how much did Fred Ziegler or any of the other new police officers get for sign on bonuses and what line item was to record them?” Open link to see copy of document.

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In a response from Town Administrator Joan Morel dated 10/28/10.

“The Finance Department has looked into the financial, payroll and personnel files regarding your requests, and has reported back that the Town of Winchester as not authorized any sign-on bonuses for any member o the Police Department and there is no line item for this.” Open link to see copy of document.

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Email back to Morel dated 10/29/10.

“I appreciate you getting back to me on this, but this information doesn’t make sense. I have come across public records where Gary Phillips stated he offered Eric a $2,000.00 sign on bonus, to offset his lose in benefits to go to the WPD full-time and that Eric accepted that offer.”
“There must be a record of this as taxes and pension contributions would e reflected in the payment.”
“Can you please re-check the records?” Open link to see copy of document.

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Email dated 11/8/10, Morel writes back:
“This is written in response to both of your concerns, namely the gym memberships and sign-on bonus.”

“As explained in my email of 10/28/10, the Finance Department has looked into the financial, payroll and personnel files regarding your sign-on requests, and has reported back that the Town of Winchester has not authorized any sign-on bonuses for any member of the Police Department and there is no line item for this.”

“The Town of Winchester does not offer either sign-on bonuses or gym memberships. The Board of Selectmen reserves the right to make executive decisions if members feel an employee needs additional support.” Open link to see copy of document.

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In a response back to Morel in an email dated 11/10/10 which can be seen at the above link.

“Specifically, how much did the town pay for Eric Ammann’s gym membership or reimbursement, to whom it was paid and when was it paid.”

The response from Morel on 11/10/10.

“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost of three (3) pages copied is $1.50. Please remit that amount to the Town, and copies will be provided to you”.

Then in yet another email dated 11/9/10 the Town is again asked, this time from a different requestor of information and is as follows:

“Have the selectmen authorized or approved any bonuses for Eric Amman? If so what are the dates and amounts of these bonuses?”

“Have the selectmen authorized or approved any payments or reimbursements to Eric Ammann for the purpose of a gym membership?”

“Have any of the WPD employees or any other members of the Town’s employees been reimbursed or approved to receive any monetary or monetary equivalents above their budgeted salary and benefits as outlined in the budget?”

"If so, who made the authorizations? Were any votes taken and if so when? If so who received the benefit, date and purpose of benefit and what budget lines are these items charged to?” Open link below to see copy of document.

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Response from Morel on 11/10/10:

“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost is .50 per page.”

“Requests about Eric Amman are reasonably described, and the three (3) pages will be copied for you at a cost of $1.50. Please remit that amount to the Town, and copies will be provided to you”

“Please be more specific about the rest of your questions so that we may estimate the cost involved and be of assistance to you.”

Was this more preferential treatment that Eric Ammann received, in the form of additional income, beyond what he got from Phillips? Was this additional income included by the Town when they reported his wages and earnings to the State and Federal Governments and to the retirement system?

The responses pretty well substantiate that the money that Ammann received for coming to the WPD full time didn’t come from the taxpayers, which substantiates the fact that the money did come from an outside source and gives credence to Ammann stating it came from Phillips personally. Which was exactly what was reported to the AG’s office and precisely what Phillips was questioned on by the AG’s office, to which Phillips admitted to Tracy he did in fact offer money to Ammann and that Ammann accepted that offer. This all acknowledged by the AG’s office in it’s own report that Phillips said he offered Ammann $2,000 and Ammann accepted the offer.

So in nutshell –

1.Phillips asked Ammann to come to the WPD to work full time.
2.Ammann said NO, he couldn’t afford to because of some benefit he was getting from SP.
3.Phillips, instead of taking "NO" for an answer, offered Ammann $2,000 out of his own pocket to cover that loss if he agrees to immediately sign on with Winchester.
4. Ammann agrees to accept the new offer under the new terms and takes the $2,000 personal check from Phillips and immediately goes full time at the WPD.
5. Down the road, Ammann confesses to other officers about the incident and circumstances who in turn report the bribe.
6. The AG’s gets involved when they are made aware of the allegation, they question Phillips and Phillips admits to giving Ammann a $2,000 bonus and also admits that Ammann accepted it.
7. According to Tracy's report, Reppucci gets questioned and he tells Tracy he was told the money came from Phillips personally and not from the Town.
8. Tracy does nothing further. He doesn’t even question Ammann.

So the original allegation made against Phillips of questionable and illegal activity Phillips had engaged in when he offered his personal money to persuade a public official, Ammann, to come work for him has been established as an allegation based on truth and facts and that indeed money changed hands between the two of them for their own selfish gain.

Phillips is of questionable character.

He has the propensity (tendency, inclination) to be a liar. So much so that anything he does say is questionable.

Moammar Phillips?

TITLE LXII CRIMINAL CODE
CHAPTER 640 CORRUPT PRACTICES
Section 640:2
640:2 Bribery in Official and Political Matters.
I. A person is guilty of a class B felony if:
a) He, promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision,…or other exercise of discretion as a public servant, …
b) Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be as described in subparagraph I(a), or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of subparagraph I(a).

II. .. the following definitions apply:
(a) "Public servant" means any officer or employee of the state or any political subdivision thereof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is considered a public servant upon his election, appointment or other designation as such, although he may not yet officially occupy that position. A person is a candidate for electoral office upon his public announcement of his candidacy.
(c) "Pecuniary benefit" means any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.
Source. 1971, 518:1, eff Nov. 1, 1973.

RSA 640:2 pretty well confirms that Phillips committed a class B felony when he promised, offered and gave Ammann a pecuniary benefit, in this case cash from his own pocket with the promise of a full time position with the WPD. Cash given for the sole purpose of influencing Ammann’s decision to immediately quit his job with State Police to come work for the him after Ammann told him he could not financially afford to immediately quit State Police and go to work at Winchester full time.

Another words Phillips cash payout is a cash bribe?

But one has to guess the Prosecutors decided not to prosecute, how convenient for all. And yeah, it's true, they don't like it when people get in their faces about it.

Under the same RSA Ammann committed a class B felony when he, being a public servant accepted and agreed to accept a monetary benefit from Phillips knowing that Phillips purpose for doing so was to sway Ammann to agree to be hired immediately. To make matters worse, Ammann, a sworn police officer who worked part time for 10 years and knew or should have known the statues, was obligated under the statute to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of the law.

Or, to be put into simple terms even Phillips and Tracy hope you don’t understand, Phillips offered him a cash bribe to come to work for Winchester immediately and Ammann accepted it. Amman then kept quiet about for almost a year and half. He finally told other officer who in turn reported the bribe. The crime was then “officially” reported, but again not by Ammann. Up until now it’s been kept a pretty quiet secret and little was known about the truth surrounding the entire events. The story has now been opened up for public view.

Tuesday, October 11, 2011

Know Yor Rights...When Civil Rights "Color of Law" Abuses Occur Contact the FBI.......Because Color of Law Abuses Are Crimes!!!

Contact The FBI When Those In Authority Violate Your Rights........... it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.  

For more information and to file a complaint with the FBI, go to the FBI's Website:
  
http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

Color of Law Abuses ARE Crimes.

U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.

Most of these crimes fall into five broad areas:

Excessive force;
Sexual assaults;
False arrest and fabrication of evidence;
Deprivation of property; and
Failure to keep from harm.

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”

Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.

False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.

Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

For more information

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