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Asker
Posted over 2 years ago.

The premise is that a criminal offense has occurred by that of the State of Colorado and/or its agents; kidnapping (which has no statute of limitations).

The business was a corporation. Under Federal law, a corporation is a “person” (artificial person) who enjoys the same rights under the law as a “natural person” (not similar rights but “the same”). In this case, the Right to Due Process would come into question; “…that no person shall "be deprived of life, liberty, or property, without due process of law.". Due process requires (under the law) that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. In this case, there was no hearing before a Magistrate and therefore no opportunity to be heard. If due process was violated as a result of the seizure of property without a hearing, the State and its agents acted unlawfully and therefore would not have an affirmative defense and would be subject to criminal law (kidnapping).

Kidnapping results when “(1) Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control commits first degree kidnapping: … imprisons or forcibly secretes any person.”. In this case, the Corporation (a person with civil rights) was imprisoned (seized). Additionally, a charge of kidnapping sets forth the following requirements: Essential elements of the crime of kidnapping are: (1) Wilfulness or intent to do the act; (2) the act must be done without lawful authority; (3) there must be a seizing, or imprisoning; and (4) the act must be done against the victim's will, by means of force or otherwise. People v. Cardwell, 181 Colo. 421, 510 P.2d 317 (1973).

Without creating a novel, I think the essential establishments are:
1. Is a Corporation a person (under the law) which is afforded the same civil rights as a natural person (in this case, Due Process)? I believe so.
2. Was Due Process violated as to the lack of being heard before a Magistrate? I believe so.
3. If Due Process was violated, did the State/its agents act unlawfully? I believe so.
4. If the State/its agents acted unlawfully, do they lack an affirmative defense and are now exposed to criminal action? I believe so.
5. Could the State/its agents be found criminally liable for its/their action resulting in a civil action opportunity? I believe so.

Stephen Clark Harkess
Stephen Clark Harkess, Bankruptcy Attorney - Wheat Ridge, CO
Posted over 2 years ago.

Actually, there are limitations periods for all civil claims. There is no civil action for kidnapping, but to the extent you can develop one it would have a 2 year limitation period.

The cases that have no limitations (as you note for kidnapping) are criminal statutes. To pursue a criminal case you have to be a U.S. Attorney or District Attorney. In this case, the kidnapping was not interstate, so the U.S. Attoreny probably lacks power. This leaves you with the District Attorney. You can certainly file a police report and if you can convince a District Attorney to charge the State of Colorado and punish them for kidnapping your business, then by all means go ahead. Maybe they can even seek restitution for you as part of the sentence when the State is convicted (but don't hold your breath).

Contrary to your closing statement, being found criminally responsible does not "result in a civil action opportunity". Even if you convince a District Attorney to file criminal charges, the limitation periods for civil and criminal cases still run independently and yours still ran out over a year ago. Sorry.

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Asker
Posted over 2 years ago.

Yes, your points are understood and go without saying.

I was involved in a civil law suit in 2001 where a customer owed me $300K. My Attorney advised me to take their offer of $.18/dollar. After I researched not just the civil law but also criminal law, I found that my customer broke the criminal trust fund statute. After I met with my customer and his attorney and brought this to their attention, I was given an offer of $.98/dollar, court costs, interest and 3/4 of my attorney's fees which I accepted. This was accomplished from the outset with a carrot & stick tactic (or better put a stick & carrot) although my Attorney thought it was a stretch when I presented it to him and he was shocked with the result. No intent (necessarily) to take it to a D.A., just to have the State consider the possible consequences if it were to go that far.

I've never been sued but I have, unfortunately had to sue quite a few people and have never lost.

I won't belabor the discussion and I do appreciate your feedback.

Have a Merry Christmas and a Happy new year!

Thanks again!