Lawsuit: Dismissed The Commonwealth v. xEndeavour [2023] FCR 22

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Dusty_3

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Redmont Bar Assoc.
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Dusty_3
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IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CRIMINAL ACTION


The Commonwealth
Prosecution

v.

xEndeavour
Defendant

COMPLAINT
The Prosecution alleges criminal actions committed by the Defendants as follows:

Bribery is “the act of offering, giving, soliciting, or receiving an item or service of value to influence an individual holding public office or serving in a legal capacity.”

xEndeavour participated in the act of offering an item or service of value to influence a future secretary's decision.

Avelanie, who is currently a senior Building Inspector for the DCT, is on track to become the next secretary of the DCT. Armed with this knowledge, xEndeavour has offered to drop the xEndeavour v. Commonwealth [2023] FCR 19 lawsuit, in exchange for Avelanie to rehire End as a constructor when she becomes DCT secretary.

End is offering something of value, dropping the lawsuit, to influence an individual who will hold the position of Secretary of the DCT. End has attempted to bribe Avelanie clear as day.


I. PARTIES
1. xEndeavour
2. The State
3. Avelanie

II. FACTS
1. xEndeavour is fired from the DCT
2. xEndeavour files a unfair dismissal lawsuit
3. xEndeavour asks for his job back
4. xEndeavour offers a bribe for reinstatement

III. CHARGES
The Prosecution hereby alleges the following charges against the Defendant:

xEndeavour is charged with 1 count of bribery.

IV. SENTENCING
The Prosecution hereby recommends the following sentence for the Defendant:
1. $50,000 fine and 10 minutes jail time
2. 2 month ban from public office

V. EVIDENCE
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I will be dismissing this case for the following reasons:

According to the White-Collar Crack Down Act, bribery is defined as "The act of offering, giving, soliciting, or receiving an item or service of value to influence an individual holding public office or serving in a legal capacity."

Firstly at the time of xEndeavour asking for his job back, Avelanie was not, and currently is not the DCT secretary. Although Avelanie is a senator, the DMs provided are not related to Avelanie's position as a senator, but rather her job in the DCT. Because of this, Avelanie is not considered to be holding public office in this instance nor serving in a legal capacity.

Secondly, xEndeavour is not offering anything of value to Avelanie. Avelanie is not the one being sued, nor does she face the consequences if xEndeavour wins the case. Furthermore End is suing because he allegedly was fired unfairly from the DCT. Offering to drop the case if he gets his job back is not bribery because his prayer for relief is reinstatement, and if he is reinstated, there is no point in continuing to litigate his case.
 
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