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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 3623: A bill to amend the Food, Conservation and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.

Official Title

To amend the Food, Conservation and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.

Analysis

This bill, similar to S. 972, would impose criminal penalties for fraud in connection with claims under the consent decree in Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), which settled a suit alleging that the U.S. Department of Agriculture had discriminated against black farmers during the period from 1983 to 1997. In relation to a Pigford claim, “knowingly” executing or attempting to execute “a scheme or artifice to defraud” or obtaining money or property from any person “by means of false or fraudulent pretenses” would be punishable by criminal fines and imprisonment of up to 5 years.

Legislation Details
SPONSOR

Davis (D - AL)

STATUS:

10/19/2009 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties
09/22/2009: Referred to House Judiciary Committee
09/22/2009: Referred to House Agriculture Committee