Crimes. Notes
National security crimes fall under U.S. ACI jurisdiction, governed by 18 USC and Federal criminal law. To establish a violation, specific elements of each crime must be proven in a court of law.
Elements of Crime: Investigators must focus on the elements of the crime to guide their actions. They should ensure that all investigative efforts contribute to establishing one or more of these elements. Actions without a clear connection to the crime's elements should be reconsidered.
Specific Elements: Every crime has distinct elements that must be proven beyond a reasonable doubt for conviction. These elements are factual components tied to the crime, some explicitly listed in the Federal criminal code while others derive from various sources.
No Crime without a Criminal Act: Criminal acts, rather than thoughts or speech, constitute the basis for legal action. The U.S. Government punishes actions that constitute failures to act, attempts to commit crimes, or conspiracies to commit crimes.
Intent Matters: Intent plays a vital role in certain investigations, such as espionage cases. It pertains to an individual's state of mind when committing an act. While proving intent can be challenging, evidence like emails, blogs, or witness interviews advocating violence against the U.S. Government can establish it.
Examples for Investigation: Investigators can seek evidence to prove crime elements, such as records of contact with foreign entities, the collection of information for foreign purposes, use of special tradecraft, evidence of travel to foreign countries, and motives behind the crime (ideology or financial gain).
In summary, understanding the elements of a crime and gathering evidence to establish them is essential in national security investigations. Actions should align with these elements, ensuring a clear connection between investigative efforts and the legal framework.
US Criminal Code Notes
Title 18 of the U.S. Code, which covers federal crimes and criminal procedure in the United States. Here is an analysis of how some of the 36 Stratagems could potentially correlate with or violate provisions in the U.S. criminal code:
Stratagems involving deception, fraud, or theft (like 1, 3, 5, 7, 17, 25, 29, 30) may align with Title 18 violations such as wire fraud (§1343), mail fraud (§1341), bank fraud (§1344), identity theft (§1028), embezzlement (§§641-665), false statements (§1001) etc.
Stratagems using force, threats, blackmail or extremism (4, 10, 12, 16, 18, 22, 31, 33, 34) could violate Title 18 provisions around extortion, threats, domestic terrorism, hate crimes, racketeering etc.
Bribery and infiltration tactics (3, 18, 25, 31) would breach laws prohibiting bribery of public officials (§201), witnesses (§201(b)(3)), law enforcement (§210) etc.
Espionage activities (3, 13, 18, 21) could contravene chapters on espionage, intelligence activities, classified information, and foreign agent registration requirements.
Stratagems that harm others (26, 33, 34) may violate Title 18 provisions prohibiting assault, stalking, hate crimes resulting in injury.
Some stratagems could potentially violate obstruction of justice laws (§1501 onwards) by interfering with proceedings, investigators, records, etc.
Certain stratagems could potentially violate provisions in the U.S. criminal code (Title 18):
Stratagem 1 (Fool the Emperor to Cross the Sea) - Could involve wire fraud (§1343) by using interstate communications to devise a scheme to defraud others through deception.
Stratagem 3 (Kill with a Borrowed Sword) - Bribing public officials (§201) like members of Congress could help turn them into "borrowed swords" for foreign interests.
Stratagem 5 (Loot a Burning House) - Exploiting a national crisis to commit fraud (§1341-1344) or make false statements (§1001) to seize assets unlawfully.
Stratagem 7 (Create Something from Nothing) - Using interstate commerce to carry out a scheme for obtaining money or property under false or fraudulent pretenses (§1343 wire fraud).
Stratagem 10 (Hide Your Dagger Behind a Smile) - May involve fraud, false statements, or perjury (§1621) during acts of deception against unwitting partners.
Stratagem 12 (Seize the Opportunity to Lead a Sheep Away) - Capitalizing on instability to potentially obstruct justice (§1501 onwards) by destroying evidence or interfering in an investigation.
Stratagem 16 (To Catch Something, First Let It Go) - Could violate civil rights laws (§241-242) if basic freedoms are revoked from a demographic after being granted.
Stratagem 18 (To Catch the Bandits, First Capture Their Leader) - Bribing leaders could breach domestic bribery laws (§201). Blackmail could violate extortion statutes.
Stratagem 25 (Replace the Beams with Rotten Timbers) - Bribing or compromising officials to neglect their duties could violate §201 bribery provisions.
Stratagem 1 (Fool the Emperor to Cross the Sea):
The deception involved may violate wire fraud statutes (18 USC §1343) if it utilizes interstate communications like email, phone calls, or wire transfers as part of a scheme to defraud others.
The broken commitments and false pretenses could also breach mail fraud (§1341) and bank fraud (§1344) laws if the banking system or postal service are involved in the fraudulent activity in any way.
Overall, misleading others via contractual breaches and misrepresentations to unlawfully deprive them of property or other tangible/intangible assets could contravene multiple fraud provisions.
Stratagem 3 (Kill with a Borrowed Sword):
Bribing members of Congress could violate federal bribery statutes (§201) prohibiting bribing public officials. This could apply to any valuable gifts/favors given with intent to influence an official act.
Recruiting insiders to steal confidential information may breach laws on theft of government property (§641) or espionage (Chapter 37).
-Inciting violence through proxies could potentially involve statutes prohibiting providing material support to terrorists (§2339A).
Stratagem 5 (Loot a Burning House):
Exploiting a disaster to commit fraud would likely violate wire, mail or bank fraud statutes (§1341-1344), depending on methods used that involve interstate/postal communications or financial institutions.
Looting assets during turmoil to profit at others' expense could potentially be prosecuted under fraud, theft or embezzlement charges depending on specific circumstances.
Misrepresentations about the crisis could also breach false statements laws (§1001) if used to obstruct responses.
Let me know if this helps explain some of the key legal risks and Code violations for these sample stratagems. I'm happy to expand on any of the other examples I initially listed as well.
Here is one stratagem. It is a way that the China Communist Party is able to gain billions or trillions in wealth from teh United States investors. The collaborators of the China Communist Party are investors, funds on Wall Street, politicians, legal authorities and maybe millions. Please give a list of all possible crimes from the US Code that could be violated and the victims of such a crime and the suggested penalties. Following is the scenario::
Potential Crimes:
Wire fraud (18 USC §1343) - Use of interstate wires to execute a scheme to defraud investors out of billions/trillions of dollars
Securities fraud (15 USC §78j, 17 CFR §240.10b-5) - Deceptive practices related to the purchase/sale of securities
Misprision of felony (18 USC §4) - Concealing knowledge of commission of a felony by not reporting it
Money laundering (18 USC §1956) - Transferring illicit proceeds to conceal origin
Bribery of public officials (18 USC §201) - Bribing regulators/politicians to enable the scheme
Tax evasion (26 USC §7201) - Not reporting illicit income on tax returns
Potential Victims:
Investors - Lose billions/trillions through stock manipulation & fraud
Pension Funds - Lose money invested into fraudulent shell companies
Individual Investors - Lose retirement savings invested in sham stocks
Taxpayers - Lose tax revenue due to unreported illicit income
Potential Penalties:
Wire/securities fraud - Fine + up to 20 years imprisonment per violation
Misprision of felony - Fine + up to 3 years imprisonment
Money laundering - Fine + up to 20 years imprisonment
Bribery - Fine + up to 15 years imprisonment
Tax evasion - Fine + up to 5 years imprisonment
In addition to the penalties above, disgorgement of ill-gotten gains, restitution, and civil liability could be pursued. Multiple charges may apply based on specific facts.
Potential Crimes:
Racketeering / RICO (18 USC §§ 1961–1968) - Engaging in a pattern of criminal activity such as fraud and bribery through an enterprise affecting interstate commerce. This could potentially apply given the scale and coordination.
Treason (18 USC §2381) - Providing aid and comfort to enemies of the United States. Arguably applicable if funds knowingly used to build military technology against US interests.
Espionage (18 USC §§ 792-799) - Transferring sensitive information like military tech to aid a foreign government. May depend on specifics.
Export control violations (22 USC §2778) - Exporting controlled technology without a license. Could apply if military tech transfers.
Potential Penalties:
Racketeering/RICO - Up to 20 years imprisonment per racketeering count, asset forfeiture
Treason - Death or a minimum 5 years imprisonment
Espionage - Fines, up to life imprisonment or death
Export control violation - Fines up to $1 million, up to 20 years imprisonment
In sum, depending on the specific facts, facilitating the transfer of billions to a foreign military may potentially involve racketeering, treason, espionage, and/or export control crimes with severe penalties including life imprisonment or even death.
National Crimes
Treason and treason-related offenses
Treason, levying war (18 USC 2381)
Treason, aid and comfort (18 USC 2381)
Misprision of treason (18 USC 2382)
Espionage and espionage-related offenses
Espionage (18 USC 794(a))
Espionage in time of war (18 USC 794(b))
Entering places connected with national defense (18 USC 793(a))
Gathering defense information (18 USC 793(b))
Unlawfully receiving defense information (18 USC 793(c))
Transmitting national defense information to unauthorized persons (18 USC 793(d))
Unauthorized retention of national defense information (18 USC 793(d) and 18 USC 793(e))
Negligent loss of national defense information (18 USC 793(f))
Failure to report the loss of national defense information (18 USC 793(f))
Photographing and sketching defense installations (18 USC 795)
Use of aircraft to photograph defense installations (18 USC 796)
Publication and sale of photographs of defense installations (18 USC 797)
Disclosure of classified communications information to unauthorized persons (18 USC 798)
Disclosure of classified communications information, general (18 USC 798)
Subversion-subversion-related offenses
Subversion (18 USC 2387)
Distribution of subversive literature to the military (18 USC 2387)
Subversion in time of war (18 USC 2388)
Subversive statements in time of war (18 USC 2388)
Sedition and sedition-related offenses
Rebellion or insurrection (18 USC 2383)
Seditious conspiracy (18 USC 2384)
Sedition (18 USC 2385)
Seditious literature (18 USC 2385)
Seditious organizations, organizing (18 USC 2385)
Seditious organizations, membership (18 USC 2385)
Sabotage and sabotage-related offenses
Sabotage, destruction of war material (18 USC 2153)
Sabotage, production of defective war material (18 USC 2154)
Sabotage, destruction of national defense material (18 USC 2155)
Sabotage, production of defective national defense material (18 USC 2156)
Terrorism and terrorism-related offenses
Terrorism, murder (18 USC 2332(a))
Terrorism, attempted murder (18 USC 2332(b))
Terrorism, providing material support to terrorist organizations (18 USC 2339B)
Terrorism, financing terrorism (18 USC 2339C(a))
Terrorism, concealing information pertaining to the financing of terrorism (18 USC 2339C(c))
Uniform Code of Military Justice articles within counterintelligence jurisdiction — Continued Defection, modeled from desertion (UCMJ, Art. 85)
Desertion with intent to remain away permanently (UCMJ, Art. 85)
Absence without leave (UCMJ, Art. 86)
Security violation, information security or violation of a regulation (UCMJ, Art. 92)
Security violation, failure to report CI incident or violation of a regulation (UCMJ, Art. 92)
Attempted mutiny (UCMJ, Art. 94)
Failure to prevent and suppress mutiny or sedition (UCMJ, Art. 94)
Failure to report mutiny or sedition (UCMJ, Art. 94)
Mutiny by refusal (UCMJ, Art. 94)
Mutiny by violence (UCMJ, Art. 94)
Sedition (UCMJ, Art. 94)
Aiding the enemy (treason) (UCMJ, Art. 104)
Aiding the enemy, harboring or protecting the enemy (treason) (UCMJ, Art. 104)
Aiding the enemy, giving intelligence to the enemy (treason) (UCMJ, Art. 104)
Aiding the enemy, communicating with the enemy (UCMJ, Art. 104)
Spies (UCMJ, Art. 103)
Espionage (UCMJ, Art. 103a)
Destruction of military property (UCMJ, Art. 108)
Notes: ELECTIONS
Elections interference fall under Lawfare, Information Operations, Psychological Operations.
How the Chinese Communist Party has allegedly attempted to interfere with or influence foreign elections in various countries:
Information Operations - Using state-controlled media and social media networks to spread propaganda, censor criticism of CCP-favored candidates, and counter narratives unfavorable to CCP interests.
Cyber Attacks - Hacking party/candidate networks to steal data and emails which are later leaked publicly to sow chaos. Also using cyber tools to spread mis/disinformation.
Campaign Finance - Providing under-the-table campaign contributions and investments to preferred candidates through difficult-to-trace networks.
Political Influence - Leveraging economic pressure, investments, and business ties in a country to shape policies and public opinion in favor of CCP interests.
Covert Ops - Accusations of using intelligence assets to disseminate compromising material against anti-CCP candidates right before elections.
Some alleged examples include interference in Taiwan's 2020 election, Australia's 2019 election, Cambodia's 2018 election, interference in Nepal's politics, and attempts to cultivate candidates in U.S. state/local elections. However, definitive proof is scarce and the CCP regime vehemently denies these allegations.
Information Operations:
In Taiwan's 2020 election, CCP used state media and social media to spread disinformation against Tsai Ing-wen and the DPP. Used fake accounts on Facebook and other platforms to spread propaganda. [1]
During Australia's 2019 election, evidence suggests CCP used platforms like WeChat to spread propaganda attacking the Labor Party and supporting the China-friendly Coalition. [2]
Cyber Attacks:
In the lead up to Taiwan's 2020 election, hacking groups with links to CCP penetrated the DPP networks and leaked sensitive internal documents. [3]
Investigations found CCP hackers accessed the networks of both major parties during Australia's 2019 election. [4]
Campaign Finance:
Australia passed laws in 2018 banning foreign political donations after concerns about CCP-linked donations to major political parties. [5]
In New Zealand, a former MP was accused of taking funding from CCP-linked sources. [6]
Political Influence:
Reports indicate CCP uses investments, business ties, and the lure of the Chinese market to pressure politicians into stances favorable to the CCP. Common in Australia, Philippines, Cambodia. [7]
Covert Ops:
Before 2020 Taiwan election, alleged CCP spies helped circulate a sex scandal smear about Han Kuo-yu just before voting. [8]
Let me know if you would like me to provide additional examples or source citations. There are many reports on this topic I can draw from.
Sources:
[1] Taiwan News, 6 October 2020
[2] ASPI, 24 June 2020
[3] Taiwan News, 10 November 2021
[4] Sydney Morning Herald, 16 September 2019
[5] Reuters, 28 June 2018
[6] NZ Herald, 12 September 2020
[7] ASPI, 22 June 2020
[8] Taiwan News, 9 January 2020