After his conviction, Viktor Bout's former associate and reputed money launderer, Richard Chichakli, filed a Pro Se civil suit in US District Court in Washington. Neither the civil case, nor the appeal, filed after the case was dismissed, have been covered by mainstream media, possibly because the Court found that it had no legal merit.
The civil action, which named President Obama, US Treasury Secretary Jacob Lew, and OFAC Director Adam Szubin, demanded money damages, declarative and injunctive relief. The suit claimed:
(1) A violation of the plaintiff's constitutional rights, due to the imposition of an excessive fine.
(2) Cruel and Unusual Punishment, and eighth Amendment violation.
(3) Violation of the constitutional provisions against illegal Search and Seizure.
(40 other Fourth and First Amendment violations.
The District of Columbia Judge held that the action was barred due to the doctrine of Res Judicata, as plaintiff had already litigated his OFAC claims in a prior case, which was affirmed on appeal to the 5th Circuit, holding:
" The prior adjudication of the facts underlying the instant complaint bars plaintiff from advancing new theories, and litigating his claims anew. Hence, this case is dismissed as procedurally barred. " 14-cv-02018 (D. D.C.)
Didn't those jailhouse lawyers assisting Chichakli consider that they were wasting the Court's time, with an action that was barred ? Chichakli had already lost this case earlier.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.