[Imc-finance] PROPOSAL- IMC legal fund

[k.skvorak]

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PROPOSAL FOR PERMANENT IMC LEGAL FUND


I am wondering if there are folks out there that feel like it would 
be a good idea to create a legal fund?  There are cases coming up all 
the time, and there is probably a lot more work that could be done 
esp on the civil lawsuit side, but that isn't being done for 
financial or other reasons. (This may be controversial, I know- using 
the mans tools etc)

In it's simplest form it could look something like this:

The fund is limited (in the beginning anyway) to LOANS to legal 
professionals working on IMC cases.  The intentions is to create a 
loan fund to promote CIVIL cases whose strategic intent is to more 
fully establish IMC as a 'legit' journalistic network whose 
'journalists' are entitled to the full range of rights and privileges 
entitled to any other working journalists - including protection from 
arrest etc.

Right now there are plenty of IMC folks getting arrested all the 
time, and most often they are soon 'off the hook' with dismissed 
charges or very minimal criminal conviction. Most of these folks just 
move on with little further thought to the matter.- For the moment i 
will assume this pattern will remain, and that we are not 
(necessarily) talking about funding the defense of any serious 
criminal charges.  (though this may be something to be aware of in 
future  particularly around issues of 'protected' sources, and the 
potential issues of knowledge of a crime etc- prior or otherwise. 
Though that hasn't happened- yet- but would be a nice thing to have a 
fund in place for.)

The point of the fund is to help support a short and long term 
strategy of civil response to all of the illegal arrests we face as a 
network, and to start creating some 'precedent' of winning some civil 
cases, and putting the fear of a lawsuit into these fu*kers (cops, 
feds, etc), and hopefully stop some of this behavior.  This is for 
our own protection and for the protection of everyone else at the 
demo because they are probably targeting IMC videographers for arrest 
for 'intelligence' reasons -to get the tapes.

The reason it is a loan is that when these cases are successful, and 
monies are received from the guilty police depts, that the lawyers 
and/or defendants involved will pay that money back, - and because 
the case's will be so successful, hopefully they can pay the loan 
back double!  in which case the fund just grows and grows-(for when 
it is really needed for that big future case!) it's a win-win 
situation and we get THEM to pay for it.

pretty neat, huh?

Anyway, if this idea is accepted, i will be willing to help raise the 
initial funding for it thru grants etc.  there are (a few) funds that 
do loans, and there are also funds that are interested in media 
rights issues who may be willing to help out.  (also maybe 
progressive lawyer associations?)

I am thinking pretty small fund to start, maybe up to 5 G's max  No 
reason to think too big because it will only function well if it is a 
self sustaining fund.

For the sake of transparency, i am currently involved (preparing) 
civil proceedings following a little arrest situation last summer. 
There are some really great, committed, and enthusiastic legal folks 
helping me (and others arrested) out on this, and we are gonna kick 
their asses- but of course none of us has a pot to pee in, so a legal 
fund like this would be a real help in preparing the case.  That is 
what got me thinking about it.  I am sure there are  other folks in 
the same situation.  I have no idea what a reasonable figure to cover 
the expenses of preparing a civil case is, but I would bet there are 
plenty of committed lawyers who would feel more enthusiastic about 
doing one if they knew that loans up to say; $1000- were available...?

looking forward to response.

peace ya'll,
Kevin S
NYC IMC