Legal Rights
Is the national futures association above the law?
by Benjamin Kerpe
Potential NFA Violations:
Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. It states that no person shall be considered guilty until finally convicted by a court. The burden of proof is thus on the prosecution, which has to convince the court that the accused is guilty beyond a reasonable doubt. In principle, the defense does not have to 'prove' anything. However, the defense may present evidence tending to show that there is a doubt as to the guilt of the accused.
Conversely, in many authoritarian regimes the prosecution case is, in practice, believed by default unless the accused can prove they are innocent, a practice called presumption of guilt. Many people believe that presumption of guilt is unfair and even immoral because it allows the strategic targeting of any individual, since it's often difficult to firmly establish proof of innocence (for example, it's often impossible to establish an alibi if the person is home alone at the time of the crime).
In many countries belonging to the Anglo-Saxon legal tradition, the Principle of Presumption of Innocence is phrased such that "the accused is presumed to be innocent until it has been declared guilty by a court".
-Wikipedia
Defamation of Character
In law, defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against criticism.
The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.
"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel.
-Wikipedia
HOW TO WIN DEFAMATION OF CHARACTER
Step 1
Understand what you need to prove to sue for defamation of character. Generally, to make a successful defamation of character claim, you must show that there was a false statement of fact, this statement was conveyed to a third party and the statement is understood to be about you and tending to harm your reputation. In the case of a public figure, actual malice must also be proved.
Step 2
Recognize the defenses to a defamation of character suit. Truth is an absolute defense to a defamation action. A privileged statement, such as a statement made in court, is also protected. Likewise, innocent dissemination and consent to the statement being made are also defenses.
Step 3
Gather information. Before you sue for defamation of character, you should get copies of all papers, documents or other evidence that helps establish your claim. You should also make a list of any and all witnesses to your claim who may be able to testify on your behalf.
Step 4
Consult an attorney. You should speak with an attorney experienced in defamation of character issues for questions regarding your claim, and for advice and representation regarding how to sue for defamation of character.
Step 5
File a complaint in state court. You will need to identify the person making the defamatory statement and lay out the factual elements of your claim. Ask for actual damages incurred as well as punitive damages. If your claim is for a small amount, you may want to consider filing in small claims court for a less costly and time-consuming process.
Here is what is published on the first page of Google about Benjamin Kerpe:
Benjamin Kerpe - BASIC Case Summary 
Jul 30, 2007 ... BENJAMIN KERPE, NFA 06BCC00023, NFA ID: 0325466 ... 0325466, KERPE, BENJAMIN, • C.R.2-2(a) - CHEAT,FRAUD DECEIVE CUSTOMERS ...
www.nfa.futures.org/basicnet/Case.aspx?entityid...case... - Cached - Similar -
If I didn't know him personally I would find it kind of difficult to trust him and/or hire him.
Guilty by Association vs. Civil Rights
Civil rights can in one sense refer to the equal treatment of all citizens irrespective of race, sex, or other class, or it can refer to laws which invoke claims of positive liberty. An example of the former would be the decision in Brown v. Board of Education 347 U.S. 483 (1954) that was concerned with the constitutionality of laws which imposed segregation in the education systems of some U.S. states. The U.S. Congress subsequently addressed the issue through the Civil Rights Act of 1964 Sec. 201. which states: (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. This legislation and the Americans with Disabilities Act of 1990 have constitutional stature as enumerations of civil rights guaranteed by the Fourteenth Amendment to the United States Constitution. Although the Fourteenth Amendment to the United States Constitution is often thought of as the civil rights amendment, all constitutional protections are considered within the US as civil rights. Thomas Jefferson wrote, "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."[1] laws The United States Constitution recognizes different civil rights than do most other national constitutions. Two examples of civil rights found in the US but rarely (if ever) elsewhere are the right to bear arms (Second Amendment to the United States Constitution) and the right to a jury trial (Sixth Amendment to the United States Constitution).
-Wikipedia