[Editorial] White-collar crime in Memphis, TN

(The Editor’s Note: This editorial was originally published on July 9, 2020 in MemphisTV’s editorial section.)

White-collar crime, crime committed by persons who, often by virtue of their occupations, exploit social, economic, or technological power for personal or corporate gain according to the definiton of the Encyclopaedia Britannica. It is said that the term, coined in 1939 by the American criminologist Edwin Sutherland, drew attention to the typical attire of the perpetrators, who were generally businesspeople, high-ranking professionals, and politicians.

According to Wikipedia, the free encyclopedia, in 2014, the city of Memphis ranked eleventh in violent crimes for major cities around the U.S. In 2006, Memphis led the nation in number of violent crimes. In 2001, 2005, and 2007, Memphis ranked second most dangerous in the nation among cities with a population over 500,000. It also ranked as most dangerous in 2002. There are approximately 182 gangs in Memphis, Tennessee with 8,400 gang members in the county.

When people think about or talk about the crimes in Memphis, TN, they tend to think or mention mostly about physical violence or visible crimes here in this community including, but not limited to assault, robbery, larceny, carjacking, homicide, gun violence, and so on. But the danger of white-collar crime is much more serious, more dangerous, more destructive, more vicious, crueller, nastier, more disgusting, and more anti-human than visible crimes.

They say that the traditional white-collar crimes involve embezzlement, bribery, conspiracy, obstruction of justice, antitrust violations, tax crimes, regulatory violations, price collusion, false statements, falsifying reports, unfair and deceptive practices, perjury and so forth. Later they broaden the scope of white-collar crime to health-care fraud, intellectual property crimes, computer crime or cybercrime. The use of deceit, concealment and the breach of trust is the distinct characteristics of white-collar crimes.

It’s time that the Memphians should think about the horrible consequences of danger which white-collar criminals can bring to the local community. The consequences don’t end up pursuing such criminals’ financial gain but can bring frustration, despair, hopelessness to the citizens and indivisuals in the community. They can even destroy innocent people’s lives through very merciless, brutal, cunning, heinous, destructive, or cold-blooded ways.

Human history didn’t experience the World War 3 yet. But maybe the Memphians may have to see or face the 3rd war between the righteous, courageous, and compassionate citizens and the wicked, inhumane, and heartless white-collar criminals. It’s time this local community shine a flashlight on the white-collar crimes.

The Editorial of the Memphis Times

Published: July 9, 2020

[Editorial] Memphis, Shelby County, & their Political Alliance


The State of Tennessee has 95 counties in it. Shelby County is one of them. And Memphis is located in Shelby County.

The Memphians and the residents in Shelby County should try to build, construct, maintain, strengthen, and reinforce the mutual strategic alliance relationships with the residents and their politicians in other counties in Tennessee. Whis is it important and necessary?

The Memphians and the residents in Shelby County are governed by the laws because the United States is the country of the rule of law. This country is not governed by the rule of any kings.

The Tennessee General Assembly passes the laws in the Tennessee Code in the State of Tennessee. The Tennessee General Assembly consists of the Tennessee House of Representatives and the Tennessee Senate.

The Tennessee House of Representatives contains 99 members, while the Tennessee Senate contains 33 members. The members of the Tennessee House of Representatives serve two-year terms, while the members of the Tennessee Senate serve four-year terms.

Who elects those politicians and sends those lawmakers in the offices in Nashville where the Tennessee General Assembly resides? Their constituents do. In order to make Memphis and Shelby County as better places, it is not enough for us to try to make changes in these neighborhoods and local districts. It is time for the Memphians and their neighbors to broaden their horizon toward other parts of Tennessee.

This is the alphabetical list of counties in Tennessee. Anderson, Bedford, Benton, Bledsoe, Blount, Bradley, Campbell, Cannon, Carroll, Carter, Cheatham, Chester, Claiborne, Clay, Cocke, Coffee, Crockett, Cumberland, Davidson, Decatur, Dekalb, Dickson, Dyer, Fayette, Fentress, Franklin, Gibson, Giles, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hardeman, Hardin, Hawkins, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lake, Lauderdale, Lawrence, Lewis , Lincoln, Loudon, McMinn, McNairy, Macon, Madison, Marion, Marshall, Maury, Meigs, Monroe, Montgomery, Moore, Morgan, Obion, Overton, Perry, Pickett, Polk, Putnam, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Shelby, Smith, Stewart, Sullivan, Sumner, Tipton, Trousdale, Unicoi, Union, Van Buren, Warren, Washington, Wayne, Weakley, White, Williamson, Wilson.

The Memphians and the residents in Shelby County shoud try to send more competent and trustworthy politicians into the Tennessee General Assembly. At the same time, ANTI-CAMPAIGNS against the bad, corrupt, and stinky politicians or candidates are strongly necessary and should be propelled.

Enough is enough. The politics in Tennessee should be changed. Fundamentally.

The Editorial of the Memphis Times

Published: March 11, 2024, Monday, at 4:03AM.


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[Case] The State of Tennessee vs. DEMETRIUS HALEY

Case Number: C2300402

Active Attorneys:
Lead Attorney
STENGEL, MICHAEL JAMES Retained

Court: Shelby County Criminal Court, Division III

Judicial Officer: Jonesjr, James

File Date: 01/26/2023

Charges:

SECOND DEGREE MURDER (Statue: 39-13-210)

AGGRAVATED ASSAULT-ACT IN CONCERT (Statue: 39-13-102

AGGRAVATED KIDNAPPING (Statue: 39-13-304

AGGRAVATED KIDNAPPING (Statue: 39-13-304

OFFICIAL MISCONDUCT (Statue: 39-16-402

OFFICIAL MISCONDUCT (Statue: 39-16-402

OFFICIAL OPPRESSION (Statue: 39-16-403)

[News] The Criminal Case of the Defendents in Tyre Nichols’ Case

<Case Information>

CRIMINAL CASE #: 2:23-cr-20191-MSN All Defendants

Court: U.S. District Court Western District of Tennessee (Memphis)

Judge: Mark S. Norris

Date Filed: 09/12/2023

The motion to change venue and for alternative relief by Demetrius Haley was filed on January 18, 2024.

The motion dismiss Counts 1 and 2 for Vagueness and Insufficiency by Emmitt Martin, III. (Johnson, Stephen) was filed on February 7, 2024.

The total of 217 documents were filed until March 6, 2024.

<Counts>

18 U.S. Code § 242
18 U.S. Code § 1512(b)(3)
18 U.S. Code § 1512(k)

[Links about the law]

18 U.S. Code § 242 – Deprivation of rights under color of law

18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant
18 U.S. Code § 1512(b)(3)
18 U.S. Code § 1512(k)

18 U.S. Code § 2 – Principals

[Count 1]
Deprivation of Rights Under Color of Law: Excessive Force and Failure to Intervene

[Count 2]
Deprivation of Rights Under Color of Law: Deliverate Indifference

[Count 3]
Conspiracy to Witness-Tamper

[Count 4]
Obstruction of Justice: Witness-Tampering

Written by Mr. Hwang

The Memphis Times
www.memphistimes.org

MemphisTV
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AmericanTV
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Published: March 7, 2024

[Reference]

Statutes Enforced by the Criminal Section (civil rights division, U.S. DOJ)



[News] About the Litigation of the Tyre Nichols’ Case

The Times tried to check the current or latest status of Mr. Tyre Nichols’ case in the federal court on March 6, 2024. (The State case is different from this Federal case.)

The civil complaint was filed on April 19, 2023. And until today on March 6, 2024, the total of 161 documents were filed in the docket of the court.

This is a civil action. The jury trial has been set on January 27, 2025, Monday, at 09:30 AM in Courtroom 4, in Memphis, Tennessee before Judge Mark S. Norris according to the court docket.

The City of Memphis and Memphis police chief, Ms. Cerelyn Davis filed the motion to dismiss on July 7, 2023, while arguing in the memorandum in support of the motion, “The primary question that this suit presents, however, is whether the City should be civilly liable for Mr. Nichols’s death under 42 U.S.C. § 1983” and “Although this situation is tragic, the answer is no.” (from the page 2 of the memorandum.)

Plaintiff filed, on August 14, 2023, the “PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS.”

And the City of Memphis and Chief Cerelyn Davis filed, on August 14, 2023, “REPLY IN SUPPORT OF MOTION TO DISMISS OF THE CITY OF MEMPHIS, CHIEF CERELYN DAVIS……”

Defendant Haley filed his initial disclosures on October 17, 2023.

By the way, the federal criminal trial is scheduled for September 9, 2024.

And defendent Desmond Mills, Jr.’s plea agreement in the Federal Criminal proceedings has been accepted.

These are the basic information of the case as below.

Court:
U.S. District Court Western District of Tennessee (Memphis)

Case Number:
2:23-cv-02224-MSN-atc

Plaintiff v. Defendants:
Wells v. CITY OF MEMPHIS et al

Judges:
Mark S. Norris, presiding
Annie T. Christoff, referral

Date filed: 04/19/2023
Date of last filing: 03/01/2024

Cause: 28:1331 Federal Question: Other Civil Rights

Plaintiff:
RowVaughn Wells
(Individually and as Administratrix Ad Litem of the Estate of Tyre Deandre Nichols, deceased.)

represented by:

Antonio Romanucci (ROMANUCCI & BLANDIN, LLC)

Bhavani Raveendran (ROMANUCCI & BLANDIN, LLC)

Brooke Cluse (BEN CRUMP LAW, PLLC)

Bryce Thomas Hensley (STINAR GOULD GRIECO & HENSLEY, PLLC IL) (TERMINATED: 01/25/2024)

Sarah M. Raisch (ROMANUCCI & BLANDIN, LLC)

David Louis Mendelson , I (MENDELSON LAW FIRM)


Defendant:

CITY OF MEMPHIS (a municipality)

represented by:

Bruce McMullen (BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C.)

Freeman B. Foster (BAKER DONELSON)

Jennie Vee Silk (BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC)

Defendant:
Chief Cerelyn Davis (in her official capacity)

represented by:

Bruce McMullen

Freeman B. Foster

Jennie Vee Silk


Defendant:

Emmitt Martin, III

represented by:

Florence M. Johnson (JOHNSON AND JOHNSON, PLLC)


Defendant:

Officer Demetrius Haley (in his individual capacity)

represented by:

Stephen R. Leffler (LAW OFFICE OF STEPHEN R. LEFFLER, P.C.)

Defendant:

Justin Smith (in his individual capacity)

represented by:

Martin W. Zummach (SPARKMAN ZUMMACH, P.C.)


Defendant:

Desmond Mills, Jr. (in his individual capacity)

represented by:

Clyde W. Keenan (KEENAN LAW & CONSULTING)

Defendant:

Tadarrius Bean (in his individual capacity)

represented by:

John Keith Perry , Jr. (PERRY GRIFFIN, PC)


Defendant:

Preston Hemphill (in his individual capacity)

represented by:

Deborah E. Godwin (GODWIN MORRIS LAURENZI & BLOOMFIELD, P.C.)

Mary Elizabeth McKinney (GODWIN MORRIS LAURENZI & BLOOMFIELD, P.C.)

Defendant:

Robert Long (in his individual capacity)

represented by:

Darrell J. O’Neal (LAW OFFICE OF DARRELL J. O’NEAL)

Defendant:

JaMichael Sandridge (in his individual capacity)

represented by:

Laura Elizabeth Smittick (SMITTICK LAW FIRM)

Defendant:

Michelle Whitaker (in her individual capacity)

represented by:

Robert L. J. Spence , Jr (ROBERT L. J. SPENCE, JR.)

Andrew Mark Horvath (MORGAN & MORGAN – MEMPHIS, LLC) (TERMINATED: 11/15/2023)

Jarrett Michael Dean Spence (SPENCE PARTNERS)

Defendant:

DeWayne Smith (in his individual capacity and as an agent of the City of Memphis)

represented by:

Deborah E. Godwin

Mary Elizabeth McKinney


Written by Mr. Hwang

MemphisTV
www.memphistv.org

The Memphis Times
www.memphistimes.org

AmericanTV
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Published: March 6, 2024, Wednesday, at 12:43AM.



[News] The Art Show, “Creating Generational Wealth”


An art show was hosted on Feb. 23, 2024 at Ink Therapy 901 in Memphis, TN.

The concept was “Creating Generational Wealth.” This art show was curated by Mr. David Yancy.

Ink therapy 901 is a tattoo and piercing shop in Memphis, Tennessee.

Ink therapy 901 tattoos and piercings
www.inktherapy901.com
Phone: (901) 661-3005
Address: 485 N Hollywood St, Memphis, TN 38112
E-mail: dy3@inktherapy901.com

Published: February 25, 2024, at 9:42PM

The Memphis Times
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MemphisTV
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[Editorial] The Elegy about the Rampant Crime in Memphis and Shelby County

Crime is the universal, omnipresent, or ubiquitous phenomenon in any human societies both historically and realistically. Memphis is not the exception. Such crime exists here in Memphis and Shelby county. And it shows its uniqueness in the local communities, too.

Why does crime exist? Why do such criminals commit such horrible crime? Why don’t other good and responsible citizens commit their crime? What are the fundamental differences among them? How can we change such criminal irresponsible citizens into the good and responsible citizens? How can we maintain the public safety and the social order, and build, retain, and preserve the ideal social integration here?

There can be multi-layered analysis about such questions and phenomena, and about their solutions. Such analysis may have the reasons which are composed of individual, legal, social, political, economical, cultural, or historical aspects.

The Memphis community has both misdemeanor and felony. The issues of the serious criminal offenses or local crimes are homicide, jevenile crime, car thefts, government crime or government officials’ crime, white-collar crime, hybrid crime, and so on.

The rampant crime or so-called “crime crisis” shows the failure of social elite in Memphis and Shelby County let alone to the existence of those violent criminals, white-collar criminals, and hybrid criminals.

Here are some of our views or opinion in terms of such social phenomena which are discussed in the discussion domain of public opinion.

(The violent criminals in Memphis and Shelby County)

First, the violent criminals in Memphis and Shelby County should be reduced and controlled. We don’t raise any objections about that. There is no different view or opinion for reducing, controlling, and punishing such violent crime.

The violent criminals should be punished. We should not lose and give up such hopes that the conflicts among indivisuals can and should be resolved without resort to violence.

The crime of homicide is the worst crime in human society. The penalties for homicide should be heavy and the law enforcement should be strict.

Steve Mulroy, the District Attorney of Shelby County, Tennessee, mentioned like this about “pulling trigger”. The bottome line of his message was that ‘If you point a gun at somebody or another human being, and if you pull the trigger, then that means and there should confinement.’

In terms of this aspect, Steve Mulroy was not right 50 percent. Or he was not right 75 percent, or 85 percent. He was not right 90 percent or even 95 percent. He was one hundred (100) percent right. Someone should be confined in prison for long or significant time, if he or she pulls trigger at another human being. Period.

(the issue of the jevenile crime)

Second, the issue of the jevenile crime is big and huge in Memphis community. The existing view about the jevenile crime mentioned mostly about both the jeveniles and their parents including the poverty problems and the lack or failure of educational system.

The potentially suggested solutions from such diagnosis are not enough to solve the jevenile crime. Such diagnosis and solutions are what we already know, and what we know that cannot solve or reduce such problems anytime soon or in the near future.

Untraditional methods are needed to deal with the jevenile crime in Memphis. Such methods can or may be called as “cultural approach”, “social campaign”, or even “psychological operation.”

The Memphians have to persuade the juveniles not to commit crime. Stuffy, old-fashioned, staid preachings have not been working to the eyes of the juveniles. Traditional methods are not working here in Memphis.

What is the ‘peer pressure’? It is said to be “a feeling that you must do the same things as other people of your age and social group in order to be liked or respected by them.”

We have to use the tool of peer pressure. And that will not be enough if we don’t use another tool whose name is “cultural persuation/pressure/operation/movement”, or “psychological persuation/pressure/operation/movement.”

Some of the city budget need to be used for such cultural movements. And the potentional juvenile criminals need to feel social pressure or persuation especailly from their peers.

And because of the failture or indifference of the parents of the jevenile criminals, home training or discipline seems not to have worked. And the public educational system seems not enough.

Therefore, the social role of the local journalism and media should be reemphasized or stressed again. The local media can contribute by producing more persuasive or cultural content in order to deal with the jevenile crime in Memphis and Shelby County.

The issue or problem of the locally preexsting media is that they are too much commercially motivated while failing to diagnose the social problems of the local communities. There are possibilities that it may have existed or exist corruptions in the local media, too.

(car theft or car jacking)

Third, Memphis needs to deal with the issue of car theft or car jacking. Such criminals benefit from stolen goods or properties. Therefore, the important and effective tool must be used in order to try to cut off or intercept the benefits and profits from the crime.

It is not enough for police officers to try to chase the car theft criminals on the street, but what is much more important is to detect and destroy the underground market and its network of automobile parts around Memphis.

Local law enforcements can and should do that unless some of their high-ranking officials benefit from such crime.

(the failure of the local governments)

Fourth, we have to recognize the failure of the local governments. They are not only imcompetent but also are alleged or suspected to be corrupt.

 (the crime of the local governments)

Fifth, We would like to stress the issue of the crime of the local governments. We have to detect and punish such criminally involved activities from some types of the government officials especially from the justice system, the civil courts, the city government, law enforcement agencies, and local police.

 (white-collar crime and hybrid crime)

Sixth, Memphis is not only the city of the notorious violent crime and homicide, but it is the city of white-collar crime and hybrid crime, which are not seen on the street to the eyes of the general public. That’s why such crime are much more dangerous for the community only except such street homicides.

And the white-collar criminals should be punished, too. They are social cancers here. Such white-collar crime evolved into even the form of the hybrid crime here, which sends the invitatin letters to the violent crime including homicide.

(economic innovation and diversification)

Seventh, Memphis needs to pursuit and have economic innovation and diversification. When people talk about the crime issues in Memphis, the first word from their mouths tend to be about poverty.

If Memphis achieves more economic innovation and diversification, then it can contribute to reducing the local crime. We hope so at least. Logistics, transportation, tourism, health care and other industries are known local industries for the Memphis economy. But new category of industries need to be added especially from the tertiary industry.

New Netflix, new Apple, new Amazon, new Facebook, new Instagram, new YouTube, new content business, new media business can be launched around Memphis. And they should be.

More movies, more documentaries, more podcasts, more media-related content should and can be produced here locally and distributed nationwide from here.

At the same time, the Memphians have to think about this, too. All of the poor people don’t commit crime. They try to work hard or find ways to solve their financial problems instead of committing crime.

And the rich people commit crime here in Memphis and Shelby County, too. Those who have money or financial resources commit crime, too. Especially, the more money the white-collar criminals have, the more crime they commit. That’s what we should not ignore. In these types of crime, we need to have another approaches.

(the need for better law enforcement)

Eighth, Memphis needs better law enforcement. One of the myths about the local law enforcement around Memphis is that such agencies enforce law or enforce law correctly and fairly.

No, it’s not.

MPD(Memphis Police Department) is notorious for its nick name, “the biggest gangster in the city.” Such complaints are not just from the criminals or potential suspects, but they are from the good and responsible citizens, too.

We don’t have to have such “SCORPION” unit again, but we need or may need another kinds of special investigative unit for MPD. The unit should detect and investigate allegedly corrupt and criminal police members and other hybrid criminals behind them while having used the corrupt police.

(the administration of justice & the rule of law)

Ninth, the administration of justice needs to be established fairly and effectively.

There need to be special investigation about Shelby County Circuit Court and Circuit Court Clerk’s Office. And of course, other courts, too. There have been serious allegations about judicial crime, judicial corruption, judicial malfunction, judicial misconducts, and so on.

Such allegedly suspects of judicial crime need to be investigated and should be put into prision if they are convicted beyond the reasonable doubts.

Lack of trust among people about the local justice system and its judicial officers is rampant in our local community and society.

(The role of TBI and FBI)

Tenth, the role of TBI(Tennessee Bureau of Investigation) and FBI(Federal Bureau of Investigation) is important. Such agencies are unprecedentedly important because both MPD and Shelby County Sheriff Office don’t function properly.

(corrupt judges and crooked lawyers)

Eleventh, the purification process or activities need to be found in the legal circles around Memphis. There are too many and too much so-called “corrupt judges” and “crooked lawyers.”

It is extremely difficult to see or predict that the legal circles perform self-purification, so heteronomous-purification is strongly needed.

(imcompetent lawmakers)

Twelvth, we have to point out the imcompetent lawmakers who have their offices in Nashville in Tennessee.

They are not only imcompetent but also left bad laws and sometimes “evil laws” for a long time as they are. The lawmakers ignored and neglected the Memphians.

(Some examples)

Thirteenth, these are some names for examples which need to be invetigated for the justice in Memphis and Shelby County.

Felicia Corbin-Johnson(judge), Rhynette Hurd(judge), Mary L. Wagner(judge), Kip Whittemore (attorney), Taylor B. Davidson(attorney), S. Butler Bernard, Jr.(attorney), Jeffrey E. Nicoson(attorney), State Farm(insurance company, Trexis(insurance company), Saint Francis Hospital-Memphis(hospital), Morgan & Morgan(law firm), MPD(police), City of Memphis(city government), Shelby County Circuit Court(court) & Circuit Court Clerk Office(court clerk),

(conclusion)

The political, legal, and social elite in Memphis and Shelby County lacks both the ability and the moral integrity to fix the crime problems in the local communities.

The last resort which the Memphians can lean on is the local citizens who are indivisually good and socially responsible here in Memphis and Shelby County. And you are one of them.

The Editorial of the Memphis Times
www.memphistimes.org

Published: February 12, 2024, Monday, at 2:26PM.