Thursday, November 18, 2010

Modus Operandi

Same Old Same Old

Raids and Seizures.  We read about them everyday.  The stories are always the same and it is always THE WORST case of animal cruelty/abuse/hoarding etc THEY have ever seen.  Feces cover everything.   The amonia smell is so bad they must wear gas masks.  Come on now.  Can't they write better news than a generic fill in the blank?  The mainstream media seldom, if ever, covers the other side of the story.  Maybe a small mention of a legal victory or charges dropped will be found in the back pages.  Like the little boy that cried wolf too many times and was caught lying, who would believe the press releases even if REAL animal cruelty did exist?   Here is how the system operates:

Animal rights organizations lobby for ever restrictive laws.  In many states, animal cruelty is classified as a felony.

Animal Control/Humane Society/SPCA trumps up cruelty charges on some unsuspecting person.  Motives vary from simple ego/power trips to obtaining valuable animals for re-sale, er I mean adoption. 


Animals are taken.

Ransom is levied in the form of daily charges  for board and vet care that run into thousands of dollars. Provisions for such charges are often enacted into law.

The animals often end up in less than ideal situations and some will languish and die without proper care.  This only helps strengthen the persecutor's, er I mean prosecutor's case that the animals were in need of rescuing!  Sometimes animals with no intrinsic value to the rescuers are simply killed, I mean euthanized.

Victims of the system are run through a court system that further abuses their rights.

Attorneys for defendants generally know next to nothing about animal laws.

Defendants pay a fortune to defend themselves and are ultimately forced to give up their animals when they are unable to pay the legal/boarding bills.

Victims of this system are threatened with jail time and high fines and are coerced into signing away their animals.

AC/SPCA/Humane Society profits from these cases.

AC/HS/SPCA etc are now considered law enforcement agents and they have police powers.
The failure to make formal charges ensures that they won't take a fall should the real nature of the incident come out. They can't afford to look bad.

The longer a case drags on, the more financial and other pressure is put on the defendant.   One person calls it the "litigate till broke" strategy.

It's been done many times before. It is happening today.

Spidey  has no problem with REAL animal cruelty being punished by law, but the problem lies with lack of compassion and common sense.   We should all be able to distinguish  true animal abuse from "case building".  Animal Control has become a big business.  State and national membership organizations are in place, complete with certification programs, newsletters, instruction manuals and even supplies.  These officers must justify their existence and often that means "finding" crimes where none exist.

Example of ACO Training Manuals


All states have some form of Animal Control Officer training manuals and course requirements. They are all very similar and the vast body of animal rights literature has been very influential in the development of this area of training, law enforcement, prosecution and legislation.

How to Prosecute Animal Cruelty in Georgia from Start to Finish

American Prosecutors Research Institute  (Randall Lockwood, ASPCA)


NEW JERSEY
ANIMAL CRUELTY INVESTIGATOR
In 1989 the New Jersey Certified Animal Control Officers Association along with the Humane Society of the United States  and other animal welfare groups, proposed legislation that would allow Animal Control Officers with additional training, to enforce the animal cruelty statutes of New Jersey.

NEW YORK
How to Investigate Animal Cruelty in NY State - A Manual of Procedures

VERMONT
Vermont Animal Cruelty Task Force Manual

TEXAS
Texas Department of State Health Services Animal Control Officer Training Manual


HSUS MATERIALS
Resources for Prosecutors
 
Know Thy Enemy!

10 comments:

Anonymous said...

This comment:Animal Control/Humane Society/SPCA trumps up cruelty charges on some unsuspecting person. Motives vary from simple ego/power trips to obtaining valuable animals for re-sale, er I mean adoption.
________________

I'm not sure where you got that but with the number of abuse and neglect cases out there nobody has to make up anything.Can you cite ANY examples?

Anonymous said...

Animal Control has become a big business. State and national membership organizations are in place, complete with certification programs, newsletters, instruction manuals and even supplies. These officers must justify their existence and often that means "finding" crimes where none exist.
_________________

Again,I don't know where you got this but Animal Control Officers,other than in a few cities like NYC,are part time jobs that pay a few thousand a year.It's not uncommon for an Animal Control Officer to be working for 2-3 towns.

maggie b said...

Dear Anonymous, I can quote you examples. I'll have to search to find the links or you can Google. Murder Hollow Bassets http://neveryetmelted.com/categories/murder-hollow-bassets/
, Bird Dog Breeder in South Dakota found innocent http://www.free-online-veterinarian-advice.com/dog-breeder-files-5m-federal-lawsuit.html , then there's the illegal seizures of animals in TX as shown in the expose' by ABC's 20 20 special. http://abcnews.go.com/2020/story?id=817494&page=1 The infamous case in LA where an old man's pit bulls were confiscated and killed the same night. He fought the charges and won in court but all his animals were dead including his grandson's pet. He had a heart attack when he heard they were killed http://bluedogstate.blogspot.com/2009/10/aspcas-safe-haven-for-pit-bull-killers.html

I don't have time to continue but this is just the tip of the icebergs.

Anonymous said...

You want some proof. You can find it in every state that HSUS has violated someone civil rights. The Pang civil rights lawsuit against HSUS.
http://humanewatch.org/index.php/documents/detail/norman_pang_lawsuit_against_hsus_employees/

The Christensen civil rights lawsuit against HSUS.
http://humanewatch.org/index.php/documents/detail/federal_lawsuit_against_hsus_et_al_filed_by_south_dakota_dog_breeder_d/

The Malott case involving her filing a complaint with the FBI over
HSUS's violation of the Animal Enterprise Terrorism Act.
http://humanewatch.org/index.php/site/post/AETA_HSUS_Malott/

Anonymous said...

“AND NOW THE REST OF THE STORY” ABOUT THE HUMANE SOCIETY OF THE U.S.
DID YOU KNOW THAT . . . . .
By: Frank Losey
1. The Humane Society of the U.S. (HSUS) spends more money on its lobbying activities and for
hosting Receptions at the U.S. Capitol and State Capitols than it does on direct animal care.
2. The Humane Society of the U.S. (HSUS) spends more money on Receptions and Award Dinners in
Hollywood and Washington DC for entertainers and celebrities than it does in direct financial
support of animal shelters for dogs and cats.
3. The Humane Society of the U.S. (HSUS) acknowledges on its website that the HSUS does not
operate a single animal shelter anywhere in the U.S., and it has never reported how much, if any,
of the One Billion Dollars of Revenue that it has received in the last 10 years was used in support
of animal shelters for dogs and cats in the U.S.
4. There is no known record of the Humane Society of the U.S. contributing a single dime in support
of any animal shelter for dogs and cats in Missouri.
5. Although the required Lobbying Reports that the Humane Society of the U.S. (HSUS) has filed with
the States of California and Ohio document that the HSUS contributed $5,830,728.76 in support of
Ballot Initiatives in those two States, the HSUS has never told the public how much, if any, of the
more than $200 Million Dollars of Revenue that it has received in the last two years was used in
support of animal shelters for dogs and cats in either California or Ohio.
6. The Internal Revenue Service (IRS) is auditing the lobbying activities of the Humane
Society of the U.S. to determine if it has exceeded the IRS limitation of “TOO MUCH LOBBYING” by
a tax‐exempt, public charity. (IRS CASE FILE NUMBERS: 29‐92012 & 55‐1005‐0025‐C)
7. The Humane Society (HSUS) of the U.S. may have made misrepresentations on its Tax Returns
because the HSUS had denied each year on its Tax Returns that any of its Volunteers and Paid Staff
had “lobbied” until after the IRS assigned CASE FILE NUMBER 29‐92012 to an IRS Investigation File
in December of 2008.
8. If the IRS determines that the Humane Society of the U.S. (HSUS) has engaged in “TOO MUCH
LOBBYING,” the IRS may rescind its tax‐exempt, public charity status and assess back taxes and
penalties against the Humane Society of the U.S. that could total in excess of $100 Million.

Anonymous said...

9. The Humane Society of the U.S. (HSUS) may not be in compliance with the Lobbying Disclosure Act
(2 U.S.C. 1601‐1607), a Federal Statute. In this regard, despite the fact that the HSUS reports on its
Tax Returns that it lobbies the U.S. Congress, the registration records maintained on the websites of
the Clerk of the U.S. House and the Secretary of the U.S. Senate, who are responsible for
maintaining lobbying registrations required by the Lobbying Disclosure Act, reveal the words “no
matching filings found” when a search request is submitted for the following:
 The Humane Society of the U.S. (HSUS)
 Wayne Pacelle (President and CEO of the HSUS)
 Michael Markarian (Chief Operating Officer (COO) of the HSUS)
 Nancy Perry (Vice President of Government Affairs whose BIO on the HSUS Website explicitly
references her oversight responsibilities for the lobbying activities of the HSUS)
 The Humane Society Legislative Fund (The Lobbying Affiliate of the HSUS, whose President is
the same Michael Markarian who is the COO of the HSUS)
10. If the Humane Society of the U.S. is not in compliance with the Lobbying Disclosure Act, it could
be subject to a civil fine of up to $200,000.
11. The Humane Society of the U.S. has prepared and distributed a “Humane Action Guide for Kids,”
who are as young as 5‐years old. This Guide potentially exploits children by including a detailed
section that encourages 5‐12 year‐old children to contact Elected Representative and further gives
them detailed instructions as to how to be an effective lobbyist.
12. The Internal Revenue Service (IRS) is auditing the lobbying activities of the Humane
Society of Missouri in order to determine if it has exceeded the IRS limitation of “TOO MUCH
LOBBYING” by a tax‐exempt, public charity. (IRS CASE FILE NUMBER: 2010‐003995)
13. If the IRS determines that the Humane Society of Missouri the U.S. has engaged in “TOO MUCH
LOBBYING,” the IRS may rescind its tax‐exempt, public charity status and assess back taxes and
penalties against the Humane Society of Missouri.
14. The Humane Society of the U.S. has never publically condemned those who violate the Animal
Enterprise Terrorism Act ‐ ‐ a Federal Terrorism Statute that was amended after 9‐11.
15. By letter dated January 18, 2008, the President and CEO of the Humane Society of the U.S.
suggested that the Animal Enterprise Terrorism Act is an “unjust” law, and that it is appropriate for
acts of “civil disobedience . . . to draw attention to unjust laws.”
16. In an E‐Mail dated November 16, 2009, the President and CEO of the HSUS stated that every
“responsible breeder” is a “puppy miller;” every “family farmer” is “factory farmer;” and every
“responsible hunter” is a “poacher.”
17. The Missouri Pet Breeders Association was the first Commercial Pet Breeder Association to
publicly condemned substandard kennels in February, 2006.
18. Commercial Pet Breeder Associations in the 10 States where over 85% of all Federally licensed
and inspected breeders are located have now publicly condemned substandard kennels.
19. Despite repeated written requests asking that the Humane Society of the U.S. (HSUS) acknowledge
the public condemnations by responsible breeders, the HSUS has never acknowledge the
condemnations by responsible breeders who truly care about the health and well being of their
dogs, and especially the puppies that bring so much love and joy into the homes of millions of
appreciative dog owners.
20. The Humane Society of the U.S. and its Chief Attorney were named as defendants in a lawsuit that
was filed in the District Court of Washington DC on February 16, 2010. The lawsuit was filed by the
parent company of Ringling Brothers, and the lawsuit alleges that the Humane Society of the U.S.
and its Chief Attorney, Jonathan R. Lovvorn, engaged in “malicious prosecution,” and conspired to
violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”) 18 U.S. C. 1961. The
allegations in this lawsuit also raise the issue of “money laundering” by the HSUS.

Anonymous said...

9. The Humane Society of the U.S. (HSUS) may not be in compliance with the Lobbying Disclosure Act
(2 U.S.C. 1601‐1607), a Federal Statute. In this regard, despite the fact that the HSUS reports on its
Tax Returns that it lobbies the U.S. Congress, the registration records maintained on the websites of
the Clerk of the U.S. House and the Secretary of the U.S. Senate, who are responsible for
maintaining lobbying registrations required by the Lobbying Disclosure Act, reveal the words “no
matching filings found” when a search request is submitted for the following:
 The Humane Society of the U.S. (HSUS)
 Wayne Pacelle (President and CEO of the HSUS)
 Michael Markarian (Chief Operating Officer (COO) of the HSUS)
 Nancy Perry (Vice President of Government Affairs whose BIO on the HSUS Website explicitly
references her oversight responsibilities for the lobbying activities of the HSUS)
 The Humane Society Legislative Fund (The Lobbying Affiliate of the HSUS, whose President is
the same Michael Markarian who is the COO of the HSUS)
10. If the Humane Society of the U.S. is not in compliance with the Lobbying Disclosure Act, it could
be subject to a civil fine of up to $200,000.
11. The Humane Society of the U.S. has prepared and distributed a “Humane Action Guide for Kids,”
who are as young as 5‐years old. This Guide potentially exploits children by including a detailed
section that encourages 5‐12 year‐old children to contact Elected Representative and further gives
them detailed instructions as to how to be an effective lobbyist.

Anonymous said...

12. The Internal Revenue Service (IRS) is auditing the lobbying activities of the Humane
Society of Missouri in order to determine if it has exceeded the IRS limitation of “TOO MUCH
LOBBYING” by a tax‐exempt, public charity. (IRS CASE FILE NUMBER: 2010‐003995)
13. If the IRS determines that the Humane Society of Missouri the U.S. has engaged in “TOO MUCH
LOBBYING,” the IRS may rescind its tax‐exempt, public charity status and assess back taxes and
penalties against the Humane Society of Missouri.
14. The Humane Society of the U.S. has never publically condemned those who violate the Animal
Enterprise Terrorism Act ‐ ‐ a Federal Terrorism Statute that was amended after 9‐11.
15. By letter dated January 18, 2008, the President and CEO of the Humane Society of the U.S.
suggested that the Animal Enterprise Terrorism Act is an “unjust” law, and that it is appropriate for
acts of “civil disobedience . . . to draw attention to unjust laws.”
16. In an E‐Mail dated November 16, 2009, the President and CEO of the HSUS stated that every
“responsible breeder” is a “puppy miller;” every “family farmer” is “factory farmer;” and every
“responsible hunter” is a “poacher.”
17. The Missouri Pet Breeders Association was the first Commercial Pet Breeder Association to
publicly condemned substandard kennels in February, 2006.
18. Commercial Pet Breeder Associations in the 10 States where over 85% of all Federally licensed
and inspected breeders are located have now publicly condemned substandard kennels.
19. Despite repeated written requests asking that the Humane Society of the U.S. (HSUS) acknowledge
the public condemnations by responsible breeders, the HSUS has never acknowledge the
condemnations by responsible breeders who truly care about the health and well being of their
dogs, and especially the puppies that bring so much love and joy into the homes of millions of
appreciative dog owners.
20. The Humane Society of the U.S. and its Chief Attorney were named as defendants in a lawsuit that
was filed in the District Court of Washington DC on February 16, 2010. The lawsuit was filed by the
parent company of Ringling Brothers, and the lawsuit alleges that the Humane Society of the U.S.
and its Chief Attorney, Jonathan R. Lovvorn, engaged in “malicious prosecution,” and conspired to
violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”) 18 U.S. C. 1961. The
allegations in this lawsuit also raise the issue of “money laundering” by the HSUS.

Anonymous said...

12. The Internal Revenue Service (IRS) is auditing the lobbying activities of the Humane
Society of Missouri in order to determine if it has exceeded the IRS limitation of “TOO MUCH
LOBBYING” by a tax‐exempt, public charity. (IRS CASE FILE NUMBER: 2010‐003995)
13. If the IRS determines that the Humane Society of Missouri the U.S. has engaged in “TOO MUCH
LOBBYING,” the IRS may rescind its tax‐exempt, public charity status and assess back taxes and
penalties against the Humane Society of Missouri.
14. The Humane Society of the U.S. has never publically condemned those who violate the Animal
Enterprise Terrorism Act ‐ ‐ a Federal Terrorism Statute that was amended after 9‐11.
15. By letter dated January 18, 2008, the President and CEO of the Humane Society of the U.S.
suggested that the Animal Enterprise Terrorism Act is an “unjust” law, and that it is appropriate for
acts of “civil disobedience . . . to draw attention to unjust laws.”
16. In an E‐Mail dated November 16, 2009, the President and CEO of the HSUS stated that every
“responsible breeder” is a “puppy miller;” every “family farmer” is “factory farmer;” and every
“responsible hunter” is a “poacher.”
17. The Missouri Pet Breeders Association was the first Commercial Pet Breeder Association to
publicly condemned substandard kennels in February, 2006.

Feline Provocateur said...

Here is one example for the Anonymous poster (the one who is convinced that the HSUS/SPCA is not making up anything):

South Dakota's Dan Christensen filed a $5 million lawsuit against the HSUS and local rescue group Second Chance, after a court ruled that their seizure of his dogs was illegal. Second Chance is now in major financial trouble, but the mega-rich HSUS shows no signs of bailing them out.

For more examples, check out humanewatch.org.