Opportunities for Direct Citizen Action
Against Fraud & Corruption:
Legal Foundations

Federal Action (United States Code)

18 USC Chapter 96. Racketeer Influenced and Corrupt Organizations [RICO]

False Claims Act
31 USC Sec. 3729. False claims
31 USC Sec. 3730. Civil actions for false claims

Michigan Action

Michigan Rules of Court - State

Chapter 6. Criminal Procedure

Subchapter 6.100 Preliminary Proceedings

Rule 6.101 The Complaint

1. Definition and Form. A complaint is a written accusation that a named or described person has committed a specified criminal offense. The complaint must include the substance of the accusation against the accused and the name and statutory citation of the offense.
2. Signature and Oath. The complaint must be signed and sworn to before a judicial officer or court clerk.
3. Prosecutor's Approval or Posting of Security. A complaint may not be filed without a prosecutor's written approval endorsed on the complaint or attached to it, or unless security for costs is filed with the court.

[Interpretation: Rule 6.101(C) permits a citizen, on filing "security for costs," to initiate a criminal complaint without approval of a prosecutor. Because "prosecutorial discretion" not infrequently has the consequence that the guilty but powerful evade prosecution, especially in political corruption cases, this provision for direct citizen action is of potentially far-reaching significance. However, this "weapon" must be used cautiously because of the possible adverse consequences (civil action for false arrest, etc.).]

Assistance

Principals of Jhéön & Associates (aspasia@alpha.c2.org) are available to advise and assist persons aware of abuses which may be subject to corrective direct citizen action. Additional information concerning these actions is available at the following sites:

• The Qui Tam Information Center
• Taxpayers Against Fraud