‘ARBITRATION: MEDIATION: INTERNATIONAL 4SFORUM ANDREW SCOTT FULKERSON D/B/A CIRCLE JERK PRODUCTIONS 1912 W. 40" Street TULSA, OK 74107 USA (Complainant) circlejerk.com VIRTUAL DATES INC., A FLORIDA CORPORATION. 101 S. Fort Lauderdale Beach Blvd #2405 FORT LAUDERDALE, FL 33316 ) ) ) ) ) ) ) v. ) Domain Names In Dispute: ) ) ) ) ) ) (Respondents) ) l COMPLAINT IN ACCORDANCE WITH THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY {1.1 This Complaint is hereby submitted for decision in accordance with the Uniform Domain ‘Name Dispute Resolution Policy (UDRP), adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999, and the Rules for Uniform Domain Name Dispute Resolution Policy (UDRP Rules), with an effective date of July 31, 2015, and the FoRuM’s Supplemental Rules (Supp. Rules). UDRP Rule 30)(9). [2] | COMPLAINANT INFORMATION fa] Andrew Scott Fulkerson D/B/A CIRCLE JERK PRODUCTIONS {b.] 2201 E. Berry Street, #113 Fort Worth, Texas 76119 [cl (918)340-9576 [a] None le] bakertaylor28@airmail.ce UDRP Model Complaie[3] COMPLAINANT AUTHORIZED REPRESENTATIVE, IF ANY {a] Name: Complaintant Pro Se [b.] Address: {c] [a] Fax: fe] E-Mail: UDRP Rule 3(b\(i). ‘Complainant’s preferred contact person for comespondence relating to this case: [a] Contact Name(s): Andrew Scott Fulkerson {b.] Contact Emails(s): bakertaylor28@airmail.ce ‘The Complainant chooses to have this dispute heard before a (check one) XX single-member administrative panel; three-member administrative panel]. Rule 3(b)(iv). Lf Complainant elects to have this dispute heard before a three-member panel, provide the names and contact details of three candidates from any ICANN-approved Provider's list of Panelists to serve as one of the panelists.] UDRP Rule 3(b)(iv). [4] RESPONDENT INFORMATION [a] Name: Rick Schwartz, Virtual Dates, Inc. {b] Address: PO BOX 810276 [c.] Telephone: 561-569-2233 [a] F none known le] EA domainking@gmail.com [5] RESPONDENT AUTHORIZED REPRESENTATIVE, IF KNOWN [a] Name: Richard Schwartz, Registered Agent. {b.] Address: 101 S. Fort Lauderdale Beach Blvd #2405 FORT LAUDERDALE, FL 33316 USA. [c] Telephone: none known Id] F none known lel none known Rule 3(b)(v).[6] (741 Lin this section, please include any arguments you are making with respect to FoRuM Supplemental Rule 1(d)]. DISPUTED DOMAIN NAME(S) [a] The following domain name(s) is/are the subject of this Complaint: Rule 3(6)(wi). circlejerk.com [b.] Registrar Information: UDRP Rule 3(b)(vii). (il Registrar’s Name: DNC Holdings, Inc. [iL] Registrar Address: 3500 N. Causeway Blvd, Suite 160 Metairie, LA 70002 USA [ili] Telephone Number: 877-856-9598 liv] E-Mail Address: legal@directnic.com [ce] Trademark/Service Mark Information: Rule 3(b)(viii). CIRCLE JERK PRODUCTIONS, United States Patent and Trademark Office Serial No. 87850560. FACTUAL AND LEGAL GROUNDS ‘This Complaint is based on the following factual and legal grounds: UDRP Rule 3(b)(ix). [Al three elements of the Policy must be alleged and proved by the Complainant. UDRP Para. 4(a).] [The analysis in this section may require more space than provided, but the entire Complaint shall not exceed fifteen (15) pages. FORUM Supp. Rule 4(a).] [a] Specify in the space below the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights. UDRP Rule 3(b)(ix)(1); UDRP Policy 4 4(a)(). Respondents use domain “circlejerk.com” which is too similar in name and construct to CIRCLE JERK PRODUCTIONS, the registered trademark. According to the United States Patent and Trademark Office, “circlejerk” is not a registared trademark, and the Respondent has refused to offer evidence to the Complaintant that “circlejerk” has ever been used in commerce inside the United States, Therefore the Respondent has no effective trademark whatsoever. [b.] Specify in the space below why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint. UDRP Rule 3(b)(1x) (2); UDRP Policy 4 4(a)(ii). The Panel may consider any relevant aspects included in, but not limited to UDRP Policy 4(c).1. Evidence shows that circlejerk.com currently redirects to a page affiliated with domainking.com, an enterprise that attempts to resell domain names to holders of lawfully owned trademarks at a substantial markup from the price ranges offered by the official registrar. 2. Evidence shows that the Respondent has failed to use the website for purposes other than domain parking with intent to sell the domain at an extortionate value under relevant Florida State law. 3. Evidence shows that CIRCLE JERK PRODUCTIONS is a trademark registered to the complainant via the United States Patent and Trademark office. Therefore, the Respondent has no lawful right to infringe upon said trademark in commerce within the United States of America. 4. Evidence further shows, that despite the domain having been issued to the Respondent in 1998, the Respondent has shown no intention to use the domain in any fashion other as a “parked domain”, and therefore has no intellectual property rights to the domain which are recognized by law in the United States of America. Notably, “Reverse Domain Hijacking”, etc. is not recognized as a cause of action under the laws of the United States of America, whereas Trademark law in favor of the Complaintant is well- developed under U.S. federal statutory law, which provides for the Gomplaintant’s exculsive use of “CIRCLE JERK PRODUCTIONS” and all similar marks derived therefrom which were not previously registered with the United States Patent and ‘Trademark Office. [c.] Specify in the space below why the domain name(s) should be considered as having been registered and being used in bad faith. UDRP Rule 3(b)(ix)(3); UDRP Policy { 4(q)(iii). The Panel may consider any relevant aspects included in, but not limited to UDRP Policy § 4(b). 1. Evidence shows that the domain has not been, and is not being, used for the purposes of building any lavful business affecting commerce. 2. Byidence shows that the Respondents intend to sell domain names to owners of registered trademark at an extortionate price as compared to the domain's actual value as promulgated by the official registrar. In this instance, such sale violates Florida State criminal laws, and it's mere possession constitutes infringement of a lawfully held United States Trademark. 3. Evidence shows that Rick Schwartz engaged in a criminal course of conduct with respect to this matter that constitutes a criminal violation of Title 18, United States Code, Sec. 1513, tampering with a victim, witness, or informant, a federal felony, when ‘Mr. Schwartz knowingly and intentionally, while acting on behalf of the Respondents, engaged in a series of emails threatening to expose facts about the Plaintiff with the intent to cause the Complaintant to refrain from filing a civil action against theRespondent, and therinafter testifying against the Respondent, in proceedings which would be pending in a United States District Court. [8.] REMEDY SOUGHT ‘The Complainant requests that the Panel issue a decision that the domain-name registration be CANCELED. UDRP Rule 3(b)(x); UDRP Policy § 4(i). [9] OTHER LEGAL PROCEEDINGS [Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint, including previous UDRP cases involving one or more of the domain names at issue here.] UDRP Rule 30)(Xi). There are no pending actions at this time; However— Complaintant intends to file a civil action in the United States District Court against the Respondent for Trade Mark Infringement, and to invoke supplemental state law jurisdiction of said District Court to also hear a libel, defamation, and slander case against the Respondent. Plaintiff also intends to seek the FBI issue a criminal complaint against the Respondent for violation of relevant federal criminal laws with respect to this matter [10.] MUTUAL JURISDICTION ‘The Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to [choose one jurisdiction]: ) the location of the principal office of the concerned registrar or —XX_b) where the Respondent is located, as shown by the address(es) given for the domain name holder in the Whois Database at the time of the submission of the Complaint to FORUM. UDRP Rule 3(b)(xii). However, such consent to jurisdiction shall not extend to Original actions required to be commenced in a United States District Court of a non-collateral / non-apellate nature, in which case the Federal Rules of Civil Procedure or other applicable law shall govern the available jurisdiction(s). [11] CERTIFICATION Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the FORUM and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (4) the Intemet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents, only to the extent that such waiver is consistent with the statutory laws and common law of the State of Florida, and The United States of America.‘Complainant certifies that the information contained in this Complaint is to the best of Complaint’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good- faith and reasonable argument. Respectfully Submitted, THIsOS payor Sune __,20 !8. ANDREW SCOTT FULKERSON COMPLAINTANT PRO SE 2201 E. Berry Street, #113 Fort Worth, Texas 76119 (918)340-9576 bakertaylor28@airmail.ce [Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute and any trademark or service mark registration upon which the complaint relies, together with a schedule indexing such evidence.] UDRP Rule 3(b)(xiv). See Exhibits, attached hereto this complaint, and incorporated herein via reference. [The Complaint, not including annexed material, shall not exceed fifteen (15) pages.] FoRuM Supp. Rule 4(a). [The Complaint and Annexes shall be submitted electronically, in accordance with the electronic submission requirements listed in the Annex to the Supplemental Rules, to domaindispute@adrforum.com.] FORUM Supp. Rule 4(b)..ANDREW SCOTT FULKERSON 5 ) v. ) DOMAIN NAMES IN DISPUTE ) cirelejerk.com VIRTUAL DATES, INC. A ) FLORIDA CORPORATION ) i SCHEDULE INDEXING EXHIBITS. TO COMPLAINT PURSUANT TO THE, UNIFORM DISPUTE RESOLUTION POLICY All Exhibits are MARKED as indicated below, on the top-right corner of the page in black ink. The materials appear in the pdf scan in their respective order, following this index. EXHIBIT ____| DESCRIPTION A-1t0A-2 USPTO Trademark Registration as appears in TESS. [Bl to Ba WHOIS data for circlejerk.com C-1 to 0-2 Police report filed against Rick Schwartz with the Palm Beach County, Florida Sheriff's Department. DL-D3 | Emails sent to Petitioner’s Email from [Respondent's Email Address. | ELES | Demarked Copy of the text of Federal criminal ‘law at Title 18, United States Code, Sec. 1513, et |seq.‘Trademark Electronic Search System (TESS) http.//tmsearch.uspto.gov/bin/showfield?f=dock&s... 1of2 Ay United States Patent and Trademark Office Home|Site Index| Search| FAQ| Glossary Guldes|Contacts| Trademark Electronic Search System (TESS) TESS was last updated on Sun Jun 3 03:31:03 EDT 2018 Logout Please logout when you are done to release system resources allocated for you. Record 1 out of 1 ESSERE KEEIEEISI (use sno “ack” button ofthe internet Browser to return to TESS) Circle Jerk Productions Word Mark CIRCLE JERK PRODUCTIONS Goods and Services IC 041. US 100 101 107. G & S: Photography. FIRST USE: 20180325, FIRST USE IN COMMERCE: 20180325 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 87850560 Filing Date March 26, 2018 Current Basis 1A Original Filing Basis 1A ‘Owner (APPLICANT) Fulkerson, Andrew Scott DBA CIRCE JERK PRODUCTIONS INDIVIDUAL UNITED STATES 1912 W. 40th Street Tulsa OKLAHOMA 74107 ‘Type of Mark ‘SERVICE MARK Register PRINCIPAL LivelDead Indicator LIVE MOM |SITE DEX] SEARCH | BUSINESS | HELP | PRIVACY POLICY 6/3/18, 3:33 PM‘Trademark Electronic Search System (TESS) http://tmsearch.uspto.gov/bin/showfield?f=docks... A-2 2 of 2 6/3/18, 3:33 PM‘Whois circlejerk.com ttps://www.whois.com/whois/circlejerk.com B-l (B Whois fer DOMAINS HOSTING CLOUD” WEBSITES EMAIL SECURITY WHOIS. SUPPORT Losin ° circlejerk.com Unate 1 ines ago © Donn ronson oom sch ea Sele tr Oo $988 $1.88 Seen atone: eur now pwte oat phieor oe Sans lembeleerokntes ‘erantrohsted ‘tenpeserontses = LD REGISTRANT CONTACT Pa Schwan neato: ‘ital Dares rc Deveapng, Leasing, Jn Vous ‘Steet eee) ota aon fel DoJ) State: HOSTING ca Hot Deals! LTD @ $4.48 s20.88 imninkine mec ADMINISTRATIVE CONTACT ‘rpanuator: ‘a! Date Ie. Develo, Lessig, oe Venues one County 104 eae,Whois circlejerk.com https://www.whois.com/whois/circlejerk.com us B-2 Prone Tessooss Ema Setnne @onacon TECHNICAL CONTACT Organization ‘ital Dates ne. Dewoping, Losi, Vero PO ae enazr6 cy: Sota Raton sate Pasa cage 2a county us Prone ‘seiseo2as3 Fae roainking@gmalicom RAW WHOIS DATA Domain Hane: CIRCLEJERK.COM Registry Danain 10: 1280066 COWAIN_CoM-vRSH Registrar MOIS Servars whois.cirectnic.com Registrar URL: http://wmcirectnie.con 2016-06-87 14:43: 212 1572360002 Registrar Registration Expiration Date: 2019-11-20723:26:992 Aogistrar: ONC Holdings, Ine Sponsoring Ragistrar EANA TD: 291 Rogistrar Abuse Contact Enail: sbewadi rectnic con Registrar Abuse Contact Phone: +1, 8778569398 Danain Statues client ransterPrabibited (httoe://taescann.org ‘oppte isnt TransterProhibites) Ddanain Status: cLientUpdateProhibited ¢https:/aw.Lcann.ora ‘oppec ientpdateProhibited) Danoin Seatuss client DeleteProhibited (https://auw.cann.ora YeppeetientDelatePrahibited) Rogistront Wane: Riek Schworts Registrant Organization: Virtual Dates Tne, Developing, Leasing, Joint Ventures Registrant Stroot: PO Box 810276 Registrant City: Boca Raton fegistran® State/Province: FL Registrant Postal Code: 33401 Registrant Country: US Registrant Phone: 15615602259, Registrant Prone Ext fogistrant Faxes +1. 5619200018 Registrant Fox Ext Registrant Edt: donaiking@ghast..om ‘Adnin Mane: Rick Schwartz fanin Organization: Virtual Dates Inc. Developing, Leasing, Joint Ventures Nanin Serest: PO Box €10276 fain City: Boca Raton Aon State/Province: FL nin Postal Coge: 33482 fain Counery® US Adin Phone!” #2,5615692233 2of4 6/4/18, 6:49 PM‘Whois circlejerk.com 30f4 ‘dnin Phone Ext ‘hanin Fax: #1-5610200018 Dain Fax Ext: fhdnin Enast domadakingegeasl con ‘Teen None: RLek Schwarte ‘ech Organization: Virtual Oates Inc. Developing, Leasing, Joint ventures ‘ech Streets PD Box 818276 Tech City: Boca Reton ‘een State/Province: FL Teen Postel Code 39481 Teen Country: US Teen Phone’ #1.5615692232 Tech Phone Ext: Teen Fax: #1-5610100018 Tech Fox Ext? Teen Esast? dnaiakingegrail.con ane Servers. NSD, OIRECINIC. CON Mane Server: NSL-OIRECTNIC. COR URL of the ICA WHOIS Dats Problem Reporting System Ietps//udprs.tnternie not S52" Lact update of WHOIS database: 2018-06-03710:55:412 <<< For sore information on Wnois status codes, please visit https://iaw Leann. org/resaurces/pages/epp-status-codes-2014-06-16-2n. The compilation, repackaging, dissonination, or other use of this WHOIS data is expressty prohibited without the prior weitten consent of Duc HeteiPgs. Ine Duc Hotaings reserves the right Yo torminete your sccoss to its MOIS database in ite sole discretion, including without Limitation, for fexcessive queryleg of the detehose or forfeiture to otherwise abide by ‘his policy Duc Hoteings reserves tne right to modify these tarms at any tine OTE: THE WHOIS DATABASE 15 A CONTACT DATABASE ONLY. ACK OF & DORATN RECORD DOES NOT SEGNLFY OOMALY AVAILABILITY related domain names drecriccom eam.org guaicon Wieminat https://www.whois.com/whois/circlejerk.com B-3 6/4/18, 6:49 PMWhois circlejerk.com Aof4 Domains Register Domain Name Transfer Domain Name ‘View Domain Pricing Bulk Domain Register Whois Lookup Name Suggestion Too! Free with Every Domain Domain Offers Infrastructure Datacenter Details Hosting Security 287 Servers Monitoring Bacup and Recovery Hosting & Products Linux Hosting Windows Hosting Wordpress Hosting Linux Reseller Hosting ‘Windows Reseller Hosting Virtua Private Servers Dedicated Servers Managed Servers (Cloud Hosting Website Builder Business Email Enterprise Email SSL Certificates Sitelock CodeGuard Support ‘View Knowledge Base Contact Support Report Abuse About Whois https://www.whois.com/whois/circlejerk.com B-4 Fotlowus Pd LOGIN OR CREATEANACCOUNT @©website em atani ss EXE Copyright ©Whoiscom Alrignts reserved racy Paty| Legal Agrernnt o/asi8, 9 PMPrint Report - FlPalmBeachCountySo https://reporting.pbso.org/dors/en/filing/showprin... c-f Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, FL 33406 This incident has been reported to the Palm Beach County Sheriff's Office and is pending approval 561-688-3000 General Information Incident Type Harassing Phone Call ‘Tracking Number 718000790 Report Date 06/03/2018 07:27 PM Reporting Person Information Name Fulkerson, Andrew Home Address 2201 East Berry Street, Fort Worth, TX 76119, US Phone Number 918-340.9576 Email bakertaylor28@airmail.ce Race White Sex Male DOB 01/02/1985 Height 406 Weight, 110 Eye Color Blue Hair Color Blonde Incident Information Incident Location UKN UKNOWN, BOCA RATON, FL 33481 Incident Time (start) 06/03/2018 06:18 PM Incident Time (end) 06/03/2018 06:19 PM Location Type Other Commercial ‘Type of Phone Harassment Other Narrative At the above date and time, Rick Swartz Sent an email from domainking@gmail.com to this reporter's email at bakertaylor28@gmail.com. The email stated " Talso suggest you look at HallofShame.com where SCUM LIKE YOU will eventually end up. (maybe tonight)..So if I ever hear from you again, I will make you INFAMOUS!" domainking was Incident Description backtracked to Rick Swartz via an ICANN WHOIS search doing business as Virtual Dates Inc. Florida Division of Corporations Records establish that said corporation's address is P.0. Box 810276 Bocca Raton, Florida. Previous to this, This reporter sent a cease and desist notice to Mr. Swartz concerning violation of This reporter's Trademark under federal trademark law. There is nothing further to report at this time, 1o0f2 6/3/18, 6:27 PMPrint Report - FlPalmBeachCountySo 20f2 Print This Report} https://reporting.pbso.org/dors/en/filing/showprin... ere 6/3/18, 6:27 PMCockmail :: Re: [CIVIL LEGAL NOTICE-CEASE A... https://mail.cock.li/?_task=mail&_caps= lofi d-{ Get support Close Compose Ropy —Replya—Forwan Delete Move = Print, Mark Mave (CIVIL LEGAL NOTICE-CEASE AND DESIST OR. Message 3 of 181 From Rick Schwartz To bakenayloreB@airmaitec Date Today 16:06 Dear JERK OFF!! T had my domain 20 YEARS before your worthless Trademark! I suggest you study REVERSE DOMAIN NAME HIJACKING and stop trying to play lawyer! T also suggest you look at HallofShame.com where SCUM LIKE YOU wilt eventually end up. (maybe tonight) You may also me liable for $168k in damages for an RONH conviction. Look it up! So I will tell YOU to CEASE and DESIST! And by the way Andy, I own CeaseAndDesist.com as well. Go look it up! So if T ever hear from you again, I will make you INFAMOUS! Go check out my queen.com case and see how it worked out for those FOOLS! Go check out my SaveMe.com case and see how it worked out. I suggest you apologize TONIGHT because TOMORROW I will be doing a blog post about YOU Andy! And I won't be very nice. Talk soon! “DOMAIN®* [image: cid:imaged02. jp901028878..5E752820]**KING* *Rick Schwartz aka Domain Kinge * *Domainking@gnail.con * *http: //mm.Domainking.con * Linkedin’ < *| “Twitter https: //twitter. com/Donainking> **|* “Chairman, CEO & Co-founder T.R.A.F.F.I.C.* | “http://w TargetedTratfic.com .t: | To bakertaylor28@airmaitee 2 Date Today 16:33 Message Sof 184 Here is the Link to my blog post going up SOON! As soon as I add sone VERY colorful commentary and some research to make sure your name ANDREW SCOTT FULKERSON is picked up by Google. I will be posting it Live Right now between you and me it's not live YET. It will be if you want to keep playing games http://www. ricksblog, con/7p=19996previow: rue! ixRbvS22Pa¥ Not Live YET, Tick tock! Here is my article about the MORON just Like YOU that tried to steal Queen.com from me. http://www. ricksblog. con/2017/06/hi jacking-of -queen-con- frands-jepsen- of -knud- jepsen. folied-wipo/#.WxRcay2ZPaY Do a search for Frands Jepsen and see what comes up. Even his neighbors know! See I don't Like THIEVES which is what you are trying to be Andy. But you fucked up cuz you know nothing! Your threat of criminal nonsense is just that, WONSENSE. You need to grow up cuz I am gonna school ya on stealing DOMAIN NAMES in the next 24 hours And I am so glad you ACCUSED me of Cybersquatting. Well I own Cybersquatter.com and CyberSquatters.com. I am an EXPERT on the subject. Now I am going to make a PUBLIC fool of you as an example to the next STUPID IDIOT that thinks they can STEAL my assets! Are we clear Andy?? Time to apologize and run along on your merry way. SDOMAIN* (image: cid: image802. jp9@01D28B70.. 5752820) **KING* “Rick Schwartz aka Domain Kings * Domainkingégnait.com * http://w. DomainKing. com * “LinkedIn ‘ “Twitter 6/3/18, 7:32 PMCockmail 1of1 Re: [CIVIL LEGAL NOTICE-CEASE A. https://mail.cock.li/?_task=mail& caps=pdf=1,fl... D-3 Get support Close Compose Fepy —Repya—Fowan Delete Move = Print Mark Mae Re: [CIVIL LEGAL NOTICE-CEASE AND DESIST OR. Message 1 of 188 From Riek Schwartz To bakenaylor2B@airmaiLec 2", Zak Muscovitch bate Today 19:02 False police reports. You are very talented. You have a very loose relationship with the law don't ya? | And now he's @ "Reporter". How clever. Zak, please handle this germ from this point on. Thanks! ‘And Andy, this is your official notice not to EVER contact me again. CEASE and DESIST! No stalking, no harassing, no emails. Anything you need Zak will handle from this point forward. Zak, you may have to file several reports as he has several addresses in at Least 3 states from what it looks like. I think he is known to then. At least the Bradford County Sheriffs Dept. in Florida. *DOMAIN** [image: cid: image002. jp9@01D28B70. 5E752820] **KING* *Rick Schwartz aka Domain King ~ *Domainkingegnail.con * *netp: //waw.DonainKing.com * “LinkedIn < | Twitter **|* *Chairnan, CEO & Co-founder T.R.A.F-F.1.C.* “http: //wm.TargetedTraffic.com* “T.R.ALF.F.E.C. MEANS B.U.S.I.N.E.S.S."* *2004-2814 (Retired) 28 shows, 4 continents* *Candy.com | **Teem.com ** | PunchBow.com **| **Luv.com ** | HallofShane.com **| **JointVentures.com shttp://jointventures.con/> **] **RicksBlog.con * The eRealEstate.com portfolio of 7000 Domain | Names. Developing Donain Names into Businesses Since 1995 "Character and excellence are about doing the right thing even when it is 6/3/18, 7:32 PM18 U.S. Code § 1512 - Tampering with a witness, v. https://Awww.law.cornell.edu/uscode/text/18/1512 é-s Cornell Law Schoo! 7 USS. Code Tile 18» Part I» Chapter 73» § 1512 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ (1) Whoever kls or attempts to ill another person, with intent to— (A) prevent the attendance or testimony of any person in an oficial proceeding: (B) prevent the production ofa record, document, or other object, in an official proceeding; or (C) prevent the communication by any person to a law enforcement officer or judge of the United ‘States of information relating to the commission or possible commission of a Federal offense or a Violation of conditions of probation, parole, oF release pending judicial proceedings: shall be punished as provided in paragraph (3) (2) Whoever uses physical force or the threat of physical force against any person, or attompts to do 0, with intent to— (A) influence, delay, or prevent the testimony of any person in an official proceeding; (8) cause or induce any porson to— () withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii ater, destroy, mutate, or conceal an object with intent to impair the integrity or avaltabiity of the object for use in an official procoeding; (ti) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (lv) be absent from an oficial proceeding to which that person has been summoned by legal process; or {C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of concitions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3) (@) The punishment for an offense under this subsection is— 1of4 6/4/18, 10:08 PM18 U.S. Code § 1512 - Tampering with a witness, v. https://www.law.cornell.edu/uscode/text/18/1512 E-2 (A) in the case of a kiling, the punishment provided in sections 1111 and 1112; (B)in the case of— (an attempt to murder; oF (ii) the use or attempted use of physical force against any person; imprisonment for not more than 30 years; and {(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. G (0) Whoever knowingly uses intimidation, threatens, or coruply persuades another person, or attempts to do s0, or engages in misioading conduct toward another person, with intent to— (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to— (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (8) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availabilty for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United ‘States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation"! supervised release,.") parole, or release pending judicial proceedings; shall be fined under this ile or imprisoned not more than 20 years, or both. > (1 Whoever comupy— (1) altors, destroys, mutlates, or conceals a record, document, or other object, or attompis to do so, with the intent to impair the object's integrity or availabilty for use in an official proceeding; or > tjonenise cbs, inunces, or impedes any ofl prgsseding, oF atoms 10 oso, shal be fined under this tile or imprisoned pat more than 20 years, or bath. P(A) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— (1) attending or testifying in an official proceeding: 20f4 6/4/18, 10:08 PM18 US. Code § 1512 - Tampering with a witness, v... https://www.law.cornell.edu/uscode/text/18/1512 (2) reporting toa law enforcement officer or judge of the United States the commission o possile ‘commission of a Federal offense or a violation of conditions of probation | supervised release, parole, or release pending judicial proceedings; (8) arresting or seeking the arrest of another person in connection with a Federal offense: or (4) cousing a criminal prosection, ora parole or prollonrevocation proceeding, tobe sought or instituted, orasiting in such prosecution or proceeding or attempis to do so, shall be fined under ths title or imprisoned not more than 3 years, or both. (@) Ina prosecution for an offense under this section, its an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testty truthfuly (For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, oF other object need not be admissible in evidence or free of a claim of privilege. (g) n'a prosecution for an offense under this section, no state of mind need be proved with respect to the cireumstance— (1) that the oficial proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court ofthe Urited States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or ‘employee of the Federal Goverment or @ person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. > (ty There is extraterritorial Federal jurisdiction over an offense under this section, (A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred. (D I'the offense under this section occurs in connection with atrial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. = (k) Whoever conspires to commit any offense under this section shall be subject o the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. (Added Pub. L. 97-291, § (a), Oct. 12, 1982, 96 Stat. 1249; amended Pub. L. 99-646, §61, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690, title Vil, § 7029(a), (c), Nov. 18, 1988, 102 Stat. 4397, 4398; Pub. L. 101-650, ttle Il, §821, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-222, title VI, § 60018, title XxXill, §330016(1)(0), (U), Sept. 13, 1994, 108 Siat. 1975, 2148; Pub. L. 104-214, §1(2), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 104~294, 30f4 eg, 1 8 PM18 U.S. Code § 1512 - Tampering with a witness, v. https://www.law.cornell.edu/uscode/text/18/1512 4of4 4 te 94042), 01 860 ean 1720 we L118 0, 8, 8 807; Pub. L. 107-273, div. B, title Ill, § 3001 (a), (c)(1}, Nov. 2, 2002, 116 Stat. 1803, 1804; Pub. L. 110-177, title Il, § 205, Jan. 7, 2008, 121 Stat. 2537.) 19) So in original Lil has no control over and does not endorse any external Internet site that contains links to or references LIl. About Ll Gontactus Advertise here Help Terms ofuse Privacy 6/4/18, 10:08 PM