More of a 4th Amendment than a 2nd Amendment case. However it has wide ranging implications for gun owners and their firearms.
Like to the complaint here.
This case has been in the works for a few years now, but everything finally came together.
Comm2A Brings Whistleblower Action against Police & Village Vault
Comm2A has brought a four-count civil complaint against officers of the Stoughton Police Department, Village Gun Shop, Inc. d/b/a Village Vault and Peter Dowd for the improper disposition of certain firearms in the police department’s possession. While trying to assist a former Stoughton resident in recovering firearms surrendered to the Stoughton police in 2015, Comm2A was able to document a pattern of illegal practices by certain members of the department and Village Vault.
Like its federal counterpart, the Massachusetts False Claims Act encourages private citizens to report fraud against the government and to bring civil actions on the government’s behalf. It also imposes significant penalties on individuals and companies that defraud the state.
The federal Racketeer Influenced and Corrupt Organizations (RICO) statute provides a civil cause of action for activities that are part of a criminal enterprise. While originally intended to fight organized crime, the RICO statute has been successfully applied in other cases where it can be shown that an enterprise has engaged in a pattern of ‘racketeering’ activity over time in violation of federal law.
Count one alleges that by depriving plaintiff Mykel Powell of his property without providing him due process of law, members of the Stoughton Police Department violated his rights under the Fourteenth Amendment.
The second count alleges that members of the Stoughton Police Department and Village Vault defrauded the Commonwealth of Massachusetts when the department exchanged firearms for dollar denominated ‘credits’ and allowed Village Vault to retain the proceeds from the sale of those firearms rather than remitting them to the State Treasurer.
The third count alleges that members of the Stoughton PD and Village Vault conspired with each other to evade the statutory requirement that the Colonel of the Massachusetts State Police auction guns held by police departments for more than one year and remit the proceeds to the State Treasurer.
The final count alleges that Peter Down and Village Vault engaged in a pattern of activity over time that constitutes a violation of the federal RICO Act.
Like to the complaint here.
This case has been in the works for a few years now, but everything finally came together.
Comm2A Brings Whistleblower Action against Police & Village Vault
Comm2A has brought a four-count civil complaint against officers of the Stoughton Police Department, Village Gun Shop, Inc. d/b/a Village Vault and Peter Dowd for the improper disposition of certain firearms in the police department’s possession. While trying to assist a former Stoughton resident in recovering firearms surrendered to the Stoughton police in 2015, Comm2A was able to document a pattern of illegal practices by certain members of the department and Village Vault.
Like its federal counterpart, the Massachusetts False Claims Act encourages private citizens to report fraud against the government and to bring civil actions on the government’s behalf. It also imposes significant penalties on individuals and companies that defraud the state.
The federal Racketeer Influenced and Corrupt Organizations (RICO) statute provides a civil cause of action for activities that are part of a criminal enterprise. While originally intended to fight organized crime, the RICO statute has been successfully applied in other cases where it can be shown that an enterprise has engaged in a pattern of ‘racketeering’ activity over time in violation of federal law.
Count one alleges that by depriving plaintiff Mykel Powell of his property without providing him due process of law, members of the Stoughton Police Department violated his rights under the Fourteenth Amendment.
The second count alleges that members of the Stoughton Police Department and Village Vault defrauded the Commonwealth of Massachusetts when the department exchanged firearms for dollar denominated ‘credits’ and allowed Village Vault to retain the proceeds from the sale of those firearms rather than remitting them to the State Treasurer.
The third count alleges that members of the Stoughton PD and Village Vault conspired with each other to evade the statutory requirement that the Colonel of the Massachusetts State Police auction guns held by police departments for more than one year and remit the proceeds to the State Treasurer.
The final count alleges that Peter Down and Village Vault engaged in a pattern of activity over time that constitutes a violation of the federal RICO Act.
Love it. This should be real entertaining.
