California miner needs help after USFS employee steals his property from claim

[Hefty1]

California miner needs help after USFS employee steals his property from claim without any notice. Please spread the word.

http://www.jeffersonminingdistrict.com/legal-news/USFS-Terror-USFS-steals-miners-property-from-california%20-miner.html


Kerby Jackson
Chairman - Jefferson Mining District

When will we finally, as a group, stand together against this criminal assault on a fellow miner?

Oh, so you're too busy huh?

I'll venture to guess that if it was your property stolen in an illegal act, you'd make the time to be involved...

There is power in numbers.. why can't most of you understand that?

 

[B H Prospector]

Congrats Hefty1. The libs are starting to fold. They are figuring it out that we are now starting to fight back and we will not be bullied any longer.

B H Prospector

 

[63bkpkr]

Hefty1,
Congratulations on a hands down win! Your hard work is a clear example for all of us that persistence, doggedly hanging in, devoting weeks and months of work to locating information, contacting organizations, getting help and goodness only knows what else you stuck to doing you've come out a winner. Thank you for toughing this one out for all of us!

................63bkpkr

 

[greydigger]

Great News Hefty !
Have been folowing this and praying for you.
Next will there be a lawsuit for illegal siezure etc. ? Or maybe you shouldn't say.
Anyway - Great News !
Grey

 

[Gravel Hog]

Right On, Hefty. Well Needed Best Darn News I have heard in quite some time. Just in time to get it back down in there and get yourself some!

 

[GoldBender]

I'm going to have my first post on this forum be a hearty "congrats" to you Hefty. after reading this thread I'm happy to see an ending in your favor!

 

[Hoser John]

BLOODY RIGHTEOUS BUD!!!!!!!!!!!!!!!!!!!!!!!!! But never count your chickens till the deal is done,equipment back--thought some was destroyed due to contamination--and now they have you on the target as a person to mess with and will definately be watching CLOSELY--err on the side a caution and then....sue them anyhow to LL and back for loss of wages(if taxes paid only for proof of income) harrassment,mental cruelity,harrasment of a endangered species..a kalif dredger..lotza luck as deal not done and liability release forms will ensue as experience in these matters dictates---tons a au 2 u 2-John

 

[russau]

CONGRATS Hefty!!! are they going to place it back where they stole it from? or do you have to haul it back? and now to make sure its all there and not damaged! if they start eyeballing you, DOCUMENT IT ALL WITH PICTURES AND ANOTHER WITNES.then you could sue them for harrasment!

 

[Hefty1]

BLOODY RIGHTEOUS BUD!!!!!!!!!!!!!!!!!!!!!!!!! But never count your chickens till the deal is done,equipment back--thought some was destroyed due to contamination--and now they have you on the target as a person to mess with and will definately be watching CLOSELY--err on the side a caution and then....sue them anyhow to LL and back for loss of wages(if taxes paid only for proof of income) harrassment,mental cruelity,harrasment of a endangered species..a kalif dredger..lotza luck as deal not done and liability release forms will ensue as experience in these matters dictates---tons a au 2 u 2-John

[h=3]22.42a - Impounded Property[/h]
When an officer impounds or seizes personal property or vehicles, a complete inventory must be made. When an inventory is completed for a vehicle, the evidence officer completes form
FS-5300-59, Vehicle Tow/Inventory Report or approved equivalent, which becomes part of the evidence officer's records. For other types of personal property, form FS-5300-23, Impounded/Seized Property Record or form FS-5300-48, Inventory of Seized or Impounded Property and FS-5300-49, Inventory of Seized or Impounded Property Continuation Sheet should be used. See section 56.1 for additional direction on impoundment procedures.

Book the property into the evidence storage area by using form FS-5300-55, Evidence Room Access Log until it is released back to the owner or is disposed of in accordance with section 22.5, whichever comes first. For property stored at an impound yard or other location, the storage area should be documented on form FS-5300-59, Vehicle Tow/Inventory Report or form FS-5300-48, Inventory of Seized or Impounded Property.

Classify impounded property as either evidence or non-evidence on the form.

Use form FS-5300-60, Disposition of Seized or Impounded Property to document the release of property back to the owner.

This is all I plan on signing....FS-5300-60

 

[delnorter]

Congratulations Hefty and thank you!

Please be very cautious about signing any documents when they are presented without careful consideration. I would suggest getting copies and share them with others on the forums (through private mail if necessary) for wisdom before signing.

You've done a great job in handling this Hefty,

Mike

 

[GrayCloud]

One Battle down, now let's get on with the rest of the WAR.
Congrats Hefty, Glad all turned out well. Any compensation for TIME LOSS

 

[Hoser John]

Mark your the man as MUCH appreciated--and copied--the posted important info as in all my years I never saw such in the CFRs ever Been through them stinkn' regs hundreds a times but got it now. Please keep us posted as to events. Ifn' your ever in Redding,passing thru or just wanna jabberjaw and have a cold one I'm definately available and would joyously participate---RESPECT -John

 

[Hefty1]

Thanks John for the invite......ya never know.....a cold one sounds great right now!

That info is not part of the CFRs....it comes from one of many of FS manuals and handbooks they have.
That info I posted came from this.......

WO AMENDMENT 5309.11-2011-1 EFFECTIVE DATE: 08/03/2011 DURATION: This amendment is effective until superseded or removed.	5309.11_20 Page 14 of 79

[TD="colspan: 2"]

FSH 5309.11 - Law Enforcement HandbookChapter 20 - investigative procedures​

[/TD]

[h=1] [/h] ​

Forest Service Handbooknational headquarters (wo)Washington, DC​

FSH 5309.11 - Law Enforcement Handbook Chapter 20 - investigative procedures​

Amendment No.: 5309.11-2011-1

Effective Date: August 3, 2011

Duration: This amendment is effective until superseded or removed.

[TABLE="width: 482"]
[TR]
[TD]Approved: MARY WAGNER
Associate Chief
[/TD]
[TD]Date Approved: 07/28/2011
[/TD]
[/TR]
[/TABLE]

 

[Hefty1]

Table of Contents

​

20.01 - Authority 8
20.02 - Objectives 8
20.04 - Responsibility 8

21 - INTERVIEWS 8​

21.05 - Definitions 8
21.1 - Documentation 9
21.11 - Methods of Documenting Interviews 9
21.11a - Statements 9
21.11b - Affidavit (Sworn Statement) 10
21.11c - Statement (Unsworn) 11
21.12 - Memorandum of Interview 11
21.13 - Informal Notes 11
21.14 - Tape-Recorded Communication 11
21.14a - Recording Equipment 13
21.15 - Polygraph Examinations 13
21.2 - Suspect's Rights 13
21.21 - When Warnings Must Be Given 13
21.22 - Advice on Constitutional Rights Based on Miranda Ruling 13
21.23 - Waiver of Rights 14
21.24 - When Warning Need Not Be Given 14
21.25 - Warning to Juveniles 14
21.26 - Warning to Non-English Speaking Persons or Persons With Language Barriers 14
21.27 - Warning to Mentally Incompetent Persons 15
21.28 - Citizen's Civil Rights 15
21.3 - Employee's Rights and Obligations During Internal Criminal Investigations 15
21.31 - Types of Misconduct 15
21.32 - Employee Rights During All Interviews 15
21.32a - Types of Warnings 16

22 - EVIDENCE 17​

22.05 - Definitions 17
22.1 - Crime Scene Protection 17
22.2 - Witnesses, Suspects, and Victims 18
22.3 - Crime Scene Search 18
22.31 - Objectives 18
22.32 - Searching 18
22.33 - Sketching 18
22.33a - General Considerations for Making Sketch 19
22.33b - Types of Sketches 19
22.34 - Photographing Crime Scene 19
22.34a - Identification of Photographs 19
22.4 - Custody and Storage of Evidence 20
22.41 - Custody of Evidence 20
22.41a - Marking Evidence 20
22.41b - Identification of Property 21
22.41c - Booking Evidence 21
22.42 - Storage of Evidence 22
22.42a - Impounded Property 22
22.42b - Firearms 23
22.42c - Bodily Fluid and Slide Samples 23
22.42d - Liquid Containers 23
22.42e - Photographic and Video Evidence 24
22.42f - Perishable Evidence 24
22.42g - Evidence Subject to Tainting 25
22.42h - Knives, Needles, Razors, and Other Sharp Instruments 25
22.42i - Toxic, Flammable, and Hazardous Materials 25
22.42j - Latent Fingerprints 25
22.42k - Fraudulent Documents 26
22.42l - Currency 26
22.5 - Disposition of Property 27
22.51 - Non-evidence 27
22.52 - Evidence 27
22.53 - Disposal of Unclaimed Property 27

23 - TYPES OF INVESTIGATIONS 27​

23.01 - Authority 27
23.04 - Responsibility 27
23.1 - Livestock Investigations 28
23.11 - Violations 28
23.11a - Excess Livestock 28
23.11b - Unauthorized Livestock 29
23.12 - Livestock Removal 29
23.12a - Action on Waived Lands 30
23.13 - Criminal Action 30
23.14 - Livestock Impoundment and Disposal 30
23.14a - Notification of Intent to Impound 30
23.14b - Impounding or Holding Livestock 32
23.2 - Occupancy and Use Investigations 35
23.21 - Violations 35
23.22 - Actions to Stop Illegal Occupancy 36
23.22a - Occupancy Under Claim of Right or Title 36
23.23 - Removal of Unauthorized Structures Considered To Be Real Estate 36
23.3 - Timber Investigations 37
23.31 - Objectives 37
23.32 - Prevention 38
23.33 - Violations 39
23.34 - Private Land Violations Extending Onto National Forest System Land 40
23.35 - Investigation Procedures 41
23.36 - Timber Cutting on Unpatented Mining Claims 42
23.37 - Seizure of Timber Cut in Violation 42
23.37a - Seizure of Manufactured Timber Products 42
23.37b - Seizure of Timber of Mixed Ownership 43
23.37c - Posting of Seized Timber Violation Material 43
23.37d - Sale of Seized Timber Violation Material 43
23.37e - Criminal Liability 43
23.4 - Wildland Fire Investigations 44
23.41 - Wildland Fire Origin and Cause Determination 44
23.41a - Wildland Fire Reporting Procedures and Origin and Cause Determination Documentation 45
23.42 - Wildland Fire Criminal and Civil Follow-up Investigations 45
23.5 - Archaeological, Paleontological, or Prehistoric Resources Investigations 45
23.51 - Prevention 45
23.52 - Violations 45
23.53 - Investigative Procedures 46

24 - CONSENSUAL MONITORING 46​

24.1 - Consensual Monitoring Approvals 46
24.11 - Department of Justice Verbal Approval 46
24.12 - Telephone Consensual Monitoring Approval 47
24.13 - Department of Justice Written Approval 47
24.2 - Consensual Monitoring Request Data 48
24.21 - Reasons for Interception 48
24.22 - Offense 48
24.23 - Danger 48
24.24 - Location of Devices 49
24.25 - Location of Interception 49
24.26 - Time 49
24.27 - Names 49
24.28 - Trial Attorney Approval 49
24.29 - Renewals 49
24.3 - Interceptions 50
24.4 - Emergency Consensual Monitoring 50
24.41 - Regional Emergency Request Approvals and Transmittal Requirement 50
24.42 - Washington Office Emergency Request Approvals and Transmittal Requirement 51
24.5 - Video Surveillance - Agency and Judicial Authorization 51
24.6 - Interception of Verbal Communications During Video Surveillance 51
24.61 - Video Surveillance 52
24.62 - All Other Interceptions of Verbal Communications During Video Surveillance 52

25 - INFORMANTS 52​

25.01 - Authority 52
25.05 - Definitions 52
25.06 - Informant Suitability Considerations 53
25.1 - Informant Files 53
25.11 - Opening Informant File 54
25.12 - Informant Number 56
25.13 - Confidentiality of Informants and Information 56
25.13a - Confidentiality of Informants 56
25.13b - Confidentiality of Information 56
25.14 - Deactivation of Informant 57
25.2 - Guidelines and Instructions to Be Discussed With Informants 57
25.3 - Confidential Sources 62
25.4 - Alternate Contact Officer 62
25.5 - Dissemination of Information 62
25.6 - Informant Participation in Authorized Criminal Activity 62
25.7 - Revealing the True Identity of Informant Under Court Order 62
25.8 - Payments for Information 63
25.81 - Payments to Informants 63
25.82 - Documentation of Payments for Information 64
25.83 - Quick Pay Payment System [RESERVED] 65
25.84 - Payments for Evidence 65
25.84a - Documentation of Payments for Evidence 65

26 - SURVEILLANCE 6527 - UNDERCOVER OPERATIONS 65​

27.04 - Responsibility 65
27.04a - Washington Office, Director of Law Enforcement and Investigations 65
27.04b - Special Agents in Charge 66
27.1 - Security of Undercover Operations 66
27.11 - Guidelines 66
27.2 - Classification of Undercover Operations 68
27.21 - Class 1 Undercover Operations 68
27.22 - Class 2 Undercover Operations 69
27.23 - Class 3 Undercover Operations 69
27.3 - Requests for Undercover Operations 70
27.4 - Undercover Activity in Multi-Agency Investigations 71
27.5 - Consensual Monitoring in Undercover Operations 71
27.6 - Undercover Training for Law Enforcement Personnel 72

28 - CASE MANAGEMENT 72​

28.1 - Reporting Crimes 73
28.2 - General Criminal Investigations 73
28.3 - Internal Investigations 74
28.4 - Non-criminal Investigations 76
28.5 - Incidents Not Meeting Case Management Criteria 76
28.6 - Investigative Work Plan 77
28.7 - Tracking and Reporting Investigations 78
28.8 - Closing Cases 78
28.9 - Records, Storage, and Retention 79

 

[Oakview2]

Good over Evil, doesn't seem to happen much these day in regards to mining in this state, but it is Damm nice change. Congrats....

 

[Fullpan]

Mark, if you had not hooked up with the Congressman's aide, where do you think you would be right now? I would like his address again to thank him personally. = Fullpan

 

[63bkpkr]

Fullpan,
To me that sounds like a splendid idea as it would say thank you And it would let him know that his good deed has been shared with other voters who are miners.

Another point of interest - in the same general area as Mark's claim there is a fellow who's been working a spot with a backhoe and has been locating some nice gold with each scoop. This fellow decided he wanted to sell the claim and let someone else go at it big time. I do not know the whole story but something took place with the current owner and the potential buyer and the Forest Service got involved. Supposedly the FS went way overboard with their demands befpre for this industrial operation could get underway. The original and still owner is another type who does not intend to let the FS get away with it so, he's contacted some Political types to come out, take a look see, and then they will tell the FS what they think. It will be interesting to see what takes place. I need to follow up on this and contact the current claim owner to hear his side of the story and will get back once I've got some good info.......63bkpkr

 

[Hoser John]

There are hundreds of the insane confrontations every year but finding someone with the testiculiar fortitude to stand up and fight is indeed rare. New manual as of 11/11 so have much to read at night now to see what illegal actions the pisfers think they can promulgate with a new manual Happens every time as their lawyers digest and puke out their own sic sic interpertations of law to their own benefit,and our demise. I prefer to hold my breate till the equipment is back---missing stuff replaced--check cashed--then I'll relax a bit more BUT Marks op will definately be under the ol'microscope and constantly monitored and the story continues. Much appreciation Mark and nuttn' but RESPECT-John...Your Pops is a lookn' down and a smiln' at ya bud...and he's darn proud I'll bet!!!

 

[Hefty1]

Makes me wonder whats going on now
Have not heard back from the patrol captian as to where or when to pick up my equipment.

MORE WAITING!!!

THIS SUCKS!!!

 

[russau]

if it were me, id gothere with paperwork in hand and a means to haul it and with a witness come for my stuff! and if theres any runaround, id call the police to expidite it all while documenting it just incase!

 

[Hoser John]

Waitn' with great anticipation and angst.........wish it were that easy Russau but channels must be followed and local sheriffs helo hauled off the equipment in the first place so going to them pretty much a waste a time ...demands don' think so,just a waitn' game now-bummer-John