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Identity thief forged Indiana federal judge's signature

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A convicted identity thief from Indiana with at least four aliases pleaded guilty earlier this week in a Montana federal court on charges that he not only impersonated a military officer and stole multiple identities, but also that he forged court documents last year and signed the name of U.S. Judge David F. Hamilton from the Southern District of Indiana.

The U.S. Attorney’s Office for the District of Montana announced Tuesday that Jeremy Clark-Erskine, a 36-year-old resident of both that state and Indiana, pleaded guilty to four counts: forging a U.S. judge’s signature, false presentation of a Social Security number with the intent to deceive, interstate transportation of a stolen vehicle, and aggravated identify theft.

Charging documents and a criminal complaint detail a scheme that appears to have come to light in late August or early September 2009, when Clark-Erskine entered a military base in Montana and tried to obtain a military identification card, ballistic plates, and other Army equipment. He was wearing an Army combat uniform with captain’s rank and Special Forces and other high-ranking badges, and gave the name of Angus Jocko Ferguson. He also gave a false Social Security number and told military personnel that he’d been released from active duty earlier that month and was reassigned to the 19th Special Forces Group in Draper, Utah.

An affidavit supporting the criminal complaint says that Clark-Erskine showed false military orders and documents, and requested an access card by the end of the day. An investigation showed that he’d applied for a Montana driver’s license earlier that month under the name of Ferguson, providing a Tennessee birth certificate and Illinois driver’s license under the name of Michael B. Lafferty II. The Indianapolis FBI Field Office helped in the investigation and found that the man had also gone by the names of Jeremiah Ui’Neill and Finn Jeremiah Keenan in recent months.

The real Michael Lafferty told investigators that Clark-Erskine had stayed with him earlier in the year under the name of Finn Jeremiah Keenan, and that he had ultimately learned that someone was using his bank account information to make purchases and write fraudulent checks. Documents and records tied all the false identities together, and fingerprints showed his true identity as Clark-Erskine.

Though he has aliases, state and federal dockets show that Clark-Erskine is no stranger to Indiana’s court system. The Indiana Department of Correction lists him as being first convicted and sentenced in November for three felony forgery charges, and also sentenced for felony theft in March 2009. But in June, he escaped from jail and a Marion County Sheriff’s warrant for his arrest went out in his name. Five federal habeas or related claims appear in both of Indiana’s federal courts sine 2003, the most recent being a case dismissed in March 2009 by Judge Hamilton, then serving as chief judge for the Southern District.

A grand jury indictment that originally listed 13 counts says that when the federal investigators searched the car he was driving – reported stolen out of Chicago – they found inside phony documents, including two fraudulent court records dated Aug. 4, 2009 – an “Entry” and “Judgment” which would allow him to obtain a new Social Security number. Both had the forged signature of Judge Hamilton, false case numbers, and what appeared to be a seal from the Southern District of Indiana, according to court documents.

That vehicle was ultimately discovered in January in California, where Clark-Erskine was arrested.

While it’s only one charge against him, the penalty for forging a federal judge’s signature according to Title 18 U.S.C. § 505 is five years imprisonment, a $250,000 fine, and three years supervised release. Clark-Erskine faces a total of 10 years in prison for the four charges, as well as a mandatory two-year imprisonment for aggravated identity theft. Sentencing is set for July 21 before U.S. Magistrate Judge Jeremiah C. Lynch.
 

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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