Eastern Shore fisherman claims state is violating federal law in some of its enforcement actions
VMRC actions constitute robbery under federal law 

Now comes old "Captain Vexatious" on his good ship OUTRAGE and will disembark all passengerS in preparation for an all out battle with the VMRC and our Commonwealth's prestigious first Attorney, the Honorable Jerry W. Kilgore.  

Mixed in the hard shot being fired by the VMRC and our AG there seems to be an abundance of substance that resembles horse manure. If it's not manure it certainly smells like it. 

On 1/2/03 two Marine Police Officers (MPOs) representing the Virginia Marine Resource Commission (VMRC) seized the bill  of lading for over 3000 lbs. of channeled whelk that were articles  in interstate commerce. These two officers then radioed the Eastern Shore Law Enforcement Field Office for assistance. and the captain of the field office responded in force. At one time I counted 8 MPO's, at last count there 7 of these outstanding law enforcement officers. 

Oh yes, "old  vexatious" was present and accounted for as a spectator and witness to the VMRC's act of ROBBERY and DESTRUCTION OF ARTICLES of commerce bound in Interstate commerce. These MPOs unlawfully seized packaged articles of  commerce and threw them in a creek. That's ROBBERY and DESTRUCTION. 

To add insult to injury. The MPOs instead of issuing the Virginia corporation that owned and shipped the whelks a Virginia summons for the purported possession of undersized whelks. Possession of undersized whelks in Virginia is a class 3 misdemeanor punishable by a maximum of a $500.00 fine. That wasn't good enough for these thieves and robbers acting under the cloak of law enforcement officers, oh no, not near good enough. 

These Robbers and Thieves called a special agent for the US Fish and Wildlife Service and asked that the Virginia company be prosecuted under the Lacey Act for a felony in that the articles of commerce were valued at more than $350.00. (Remember the letter I wrote on December 4, 2002, about the Amberjack fisherman and the $10.000.00 fine? )  

In the Amberjack case you will find that the amberjack were not seized and disposed of as the whelks were in this case. A blessing in disguise for the VMRC as you will  see. The Virginia corporation of a felony conviction under the Lacey act is punishable by fine of not more than $20,000.00 and imprisoned for not more than 5 years or both. On the other hand the thieves and robbers acting under the color of VMRC, MPOs that robbed the Virginia corporation, could be indicted under the Hobbs Act. 

Part provisions of that act are as follows:  "

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion  or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both. 
(b) As used in this section - (1) The term ''robbery'' means the unlawful taking or obtaining of personal property from the person...against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, ..." 

I personally witnessed this unlawful taking, this thievery, this robbery of articles of commerce by the VMRC. This is for the first time that this robbery has occurred. 

I personally made a written COMPLAINT AGAINST VIRGINIA MARINE  RESOURCE COMMISSION POLICE OFFICERS  PURSUANT TO 9.1-600 to Commissioner Pruitt on May 2, 2002, about the unlawful seizure and of 7 bags of whelks and the malicious prosecution of an innocent person in regard to the unlawful act. 

Commissioner Pruitt whose duty is to enforce the VA fishery regulations did  nothing to stop or prevent this unlawful act. As for the Honorable Jerry W. Kilgore our esteemed Attorney General. I personally think that he should run out our Commonwealth on a rail, preferably with smattering of tar and feathers attached to him. 

I don't know exactly what  should be done with Mr. Kilgore but he is afloat in the same boat with the VMRC. Mr. Kilgore has the duty to uphold the laws of this Commonwealth. Mr. Kilgore has the duty pursuant to 2.2-4017: Periodic review of regulations. "... to ensure statutory authority for regulations ..."  

The VMRC regulation pertinent to the robbery of poor fishermen of their articles of commerce by MPOs wearing guns and badges is  4 VAC 20-890-10 ET SEQ. Pertaining to Channeled Whelk. In particular part: 

A. It shall be unlawful for any person to possess more than 10 channeled whelk, per bushel or bag, which measure less than 5 1/2 inches in length or can be passed through a culling ring of 2 3/4 inches in diameter, except as  described in subsection D of this section. 
B. It shall be unlawful for any person to possess more than 30 channeled whelk, per barrel, which measure less than 5 1/2 inches in length or can be passed through a culling ring of 2 3/4 inches in diameter, except as described in subsection D of this section.  
C. Those undersized whelk in excess of the allowance level, as described in subsections A and B of this section, shall be returned immediately to the water alive.  
D. Nothing in this section shall prohibit the possession of sub-legal size channeled whelk imported from other states or jurisdictions, provided the following conditions are met:  

Such imports shall have been landed in another state or jurisdiction and shall not have been imported into Virginia by waterborne transport. ------ (The Attorney General knows that the Virginia can't stop the importation of whelks by waterborne transport. The Office of the Attorney General has defended the Commonwealth in Waste MGMT Holdings v Gilmore before US District Judge James R. Spencer at Richmond and lost. Appealed to the US 4th Circuit Court of Appeals before WIDENER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Attorney General lost again. The Attorney General next Petitioned the US Supreme Court and was not granted Certiorari. That was the end. This case took several years to be concluded and at the end our esteemed Attorney General was extremely  cognizant and aware of the US Courts opinions and decisions in this case.) 

The point raised here is the Attorney General's awareness of the opinion in that case, I call attention to the opinion in part: "[s]tates may impose upon federal licensees reasonable, nondiscriminatory conservation and environmental protection measures otherwise within their police power."....

Precedent is clear, however, that a state that completely excludes federally licensed commerce upon such state's waterways is unconstitutional."  ( Virginia whelk potters or federal licensees) 

Our Attorney General knows that the VMRC regulation that is being used to rob the poor fisherman of their articles of commerce by MPOs is unconstitutional and void. The Attorney General does nothing to stop this robbery of interstate commerce. 

The fact is that the Office of the Attorney General (AG) possibly helped draft this regulation. Another factor of the Attorney General's knowing and willful attendance and assistance to the enforcement of this unconstitutional regulation comes with the Office of the Attorney General's appearance in my case contesting this same VMRC  regulation as unconstitutional. 

The AG by special appearance demurred, asked the Court to dismiss my case, stated : "Bender's motion for summary judgment is not well grounded in fact and is not warranted by existing law or good  faith argument for the extension, modification, or reversal of existing law and is frivolous" 

 Remember one factor, the AG  knows that I am right and that VMRC regulation is unconstitutional.) Next in this very same appearance the AG requests sanctions against Bender.  

The Circuit Court dismissed my case and imposed $2,235.00 in attorney fees against me to be  paid to the Commonwealth has requested by the AG. I'm glad the AG didn't ask the Court to have me taken out and shot because during the course of this trial old Judge Roy Bean kept popping in my mind.

This case record is now before the Virginia Court of Appeals and my opening brief is due before February 6, 2003. Now I contend that the acts of the Office of the Attorney General in the knowing and willful  furtherance and assistance to the enforcement of an unconstitutional regulation that allows the obstruction and robbery of interstate commerce becomes a principle to that crime himself.

In my personal opinion Jerry W. Kilmore  is just as guilty of the robbery of interstate commerce as the actual MPO robbers. See the following excerpt from the Hobbs Act:

"The words ''attempts or conspires so to do'' were substituted for sections 3 and 4 of the 1946 act, omitting as unnecessary the words ''participates in an attempt'' and the words ''or acts in concert with another or with others'', in view of section 2 of this title which makes any person who participates in an unlawful enterprise or aids or assists the principal offender, or does anything towards the accomplishment of the crime, a principal himself."

Today I have  done a partial search of the case  records from the General District Courts for Accomac and Northampton Counties, so for I have found 16 cases of malicious prosecution and in three of those cases I have personal knowledge of robbery by the VMRC. I am going to send a copy of this letter to the ACLU in hopes that they may contest this unconstitutional regulation in the US District Court.

If not I guess I'm tagged for that one also. There's a lot more to come, stay tuned.

Eastern  Shore Ed.,  the vexatious old pro se litigant.

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