Chapter 506: Capital Punishment
"Your roads in California are really good, better than New York."
Lincoln rode a Puma bicycle to Liang Yao's Tingtao Garden.
Lincoln was a man who was willing to try new things. When Liang Yao got married in New York, he used his connections to purchase a Puma bicycle from the Crystal Palace Mall in New York at a discounted price of US$110 (original price of US$150).
Cycling on the potholed roads in New York is a torture, but in California, since urban areas of major cities in California are paved with cement roads, some sections of the roads are also paved with expensive asphalt roads.
Therefore, cycling in California cities and cycling in New York are two completely different experiences, at least your butt doesn’t have to suffer so much.
"You came to me specifically to praise California's road conditions, right?" Liang Yao said with a smile.
California's road conditions are indeed second to none in the United States. This is due to the fact that most local governments in California have relatively strong finances and have sufficient funds for road construction and maintenance.
If you want to get rich, the slogan "Build roads first" has already spread throughout California. Governments across California are very enthusiastic about building roads.鎜
In addition to highways, the roads here also include railways.
Commissioner Lincoln's thorough investigation of the California Customs Bureau has made headlines in major newspapers in California. Although Lincoln has not announced the details to the outside world, it can also be indirectly understood that Lincoln requested the California Department of Finance to allocate manpower to temporarily take over the work of the California Customs Bureau. It can be seen that Lincoln's anti-corruption efforts this time are very strong.
It was so big that so many people were arrested that the California Bureau of Customs could no longer function properly.
Liang Yao was not surprised that Lincoln could complete the investigation so quickly. If he couldn't even deal with the corrupt elements of the California Customs Bureau, then he wouldn't be Lincoln.
"I came to talk to you about the legal issues in California." Lincoln said after parking the car.
"Legal issue?" Liang Yao was a little surprised.
"Yes, legal issues." Lincoln said as he walked away.鎜
“According to usual practice, if officers of the Bureau of Customs are corrupt, they should be punished according to the laws of the federal government, but the laws of the federal government are too lenient towards them.
According to the Diplomatic and Consular Appropriation Act passed in 1853, it is a crime for any customs official to accept bribes in customs duties, exchange of goods, etc.
Although I have collected enough evidence to confirm that the California Bureau of Customs, from the director to the clerks, is involved in corruption.
But the bill's sentencing is still too light.
Even if these morons are prosecuted for theft, bribery, bribery, fraud, embezzlement, and abuse of power, and are punished for several crimes, the maximum penalty is only to disqualify them from public office, fine them, pay compensation, and be sentenced to ten years in prison. punishment. "
Lincoln was very familiar with American laws. He believed that American laws were still too loose, had too many loopholes, and the cost of crime was too low, which gave these corrupt elements an opportunity to take advantage of.
Incomplete laws and systems and lenient sentencing were important reasons for the prevalence of corruption in the United States in the 19th century.鎜
In 1856, the United States had very limited legal provisions related to corruption of government employees, and basically issued a new bill every once in a while to fill the loopholes.
For example, the Indian Appropriation Act passed in 1853, and the Foreign and Domestic Construction Act mentioned by Lincoln above.
The first relatively systematic and complete laws in this regard in the United States were the Bribery Act and the False Claims Act, which were passed by Lincoln in 1863.
These two laws not only clearly define corruption and the penalties for corrupt government employees, but also list bribers as targets of punishment.
The bill also stipulates that whistleblowers who report corruption will receive corresponding rewards to encourage people to expose corruption.
Once this law was enacted, all federal government employees who had blatantly asked for bribes in the past were in danger, and the endemic corruption situation in American politics has improved.
It's just that Lincoln only served as president for 4 years and 41 days. For a politician with ideals and ambitions, 4 years and 41 days of political career was too short.鎜
It was so short that Lincoln only accomplished one major thing, maintaining the unity of the United States. Of course, this one thing was enough for him to shine in the annals of history.
After Lincoln's death, the two bills that Lincoln worked so hard to introduce were not well implemented. During the post-war Reconstruction period, American government employees at all levels remained corrupt.
It was not until the early 20th century that the American government became relatively transparent and clean with the improvement of relevant legal and judicial systems.
"You want to use California law to punish the criminals of the Customs Bureau?" Liang Yao said.
"Yes, according to territorial jurisdiction, California law also applies to them. The maximum penalty for corruption in California is beheading and confiscation of homes. I think this law is very applicable to them." Lincoln nodded and said.
The huge amount of corruption in the California Customs Service made Lincoln so angry that he studied California law all night long, trying to find a suitable punishment for these people.
When he read that the maximum penalty for bribery in California was beheading and ransacking homes, Lincoln was extremely excited.鎜
Other states have hangings for corruption, but Lincoln did not expect that California would take it to the next level and include beheadings.
“State law does have territorial jurisdiction, but in the federal system, if there is a conflict between state law and federal law, federal law takes precedence.
It is a bit difficult to use California law to sentence the Customs Bureau. These people are not short of money. In order to survive, they are willing to spend money to hire the best lawyers. "
Each state in the United States has its own legal system and legal procedures, and does have territorial jurisdiction to handle criminal and civil cases within and across states.
It is just that in the federal system of the United States, although federal law and state law coexist, in the event of a conflict between the two, federal law will take precedence.
Compared with professionals like Lincoln, Liang Yao's understanding of American law is relatively limited. After all, he is not a professional lawyer, and he has only read the main laws of the United States.
As a well-known lawyer, Lincoln makes a living from this. 鎜
Even though Liang Yao has a limited understanding of American law, he also knows that if this case goes to court, Lincoln's chances of winning are slim.
These corrupt officials in the Customs Bureau would rather choose to be escorted back to Washington thousands of miles away for trial than to be tried in a California court.
"California's laws are so rough, what good lawyers can California have. Besides, with your influence in the California judicial community, as long as you make a statement, which lawyer dares to defend them seriously? "Lincoln saw it clearly.
"They will definitely ask for a trial in the federal court, but as a commissioner, I can make a local judgment in California on the grounds that the situation is serious.
Minister Deng estimated that the amount of embezzlement by the Customs Bureau in the past few years is at least more than 16 million US dollars, but after two weeks of investigation, in addition to the part they spent on wine and women, there is still 7 million US dollars missing.
Presumably, many people in Washington do not want the California Customs Bureau to conduct a trial in Washington. ”
Day, the amount of corruption is more than 15 million US dollars.
Even though Liang Yao was mentally prepared for the huge amount of corruption in the California Customs Bureau, he was still shocked to get a relatively specific number from Lincoln.
The money these bastards have embezzled in California over the years is more than what he has earned from investing in the East in recent years.
No wonder even the people in the General Administration of Customs are eager to be transferred to the California Customs Branch, even if they are demoted. The California Customs Bureau is really a good job.
"In 1851, the federal government only paid 10 million US dollars in compensation to Texas for ceding land. The military expenditure approved by the Congress for my war against Mexico was only more than 4 million US dollars. This money is enough for me to fight Mexico four times." Liang Yao couldn't help but swear.
"The rat of the country!"
"I couldn't agree more. It's really shocking and unprecedented, so I came to you and wanted to smooth the relationship with the California judicial community through you. This matter is considered as my request to you, and I owe you a favor. "Lincoln said.
"Such a bad behavior, if we don't kill the chicken to scare the monkey, to set an example, even if the federal government sends new personnel to fill the vacancies of the California Customs Bureau, it will only be a temporary solution, and the situation of the California Customs Bureau will not be much better than it is now.
The greatest value of these extremely heinous criminals now is to set an example for those who come after them. The heavier the punishment for them, the better it will deter those who come after them. Minimize the losses of the federal government. "
The corruption of the California Customs Bureau has caused huge tax losses to the federal government, and the General Administration of Customs has never had such a bad corruption case.
Lincoln is a pragmatic person, and it is impossible to recover the $7 million in unaccounted accounts.
Therefore, Lincoln hopes to impose the death penalty on these scumbags of the California Customs Bureau to minimize future losses.
"Since you have survived California law, what do you think of California law? "Liang Yao asked.
He wanted to hear Lincoln's evaluation of California law.
Lincoln was a little puzzled as to why Liang Yao asked him this question. Did he want to change the subject? However, it seemed that Liang Yao did not intend to shirk the responsibility. After thinking for a moment, he gave Liang Yao a reply .鎜
"Compared with the laws of other states, California's laws are more stringent and the penalties are heavier. California's laws are very strange. Some places are eye-catching, while others are hard to describe. It is difficult for me to evaluate.
But in general, California's laws are relatively rough. However, the roughness of the law is not a problem of California. This is a problem that any new state or frontier state cannot avoid. After all, when the new state was first established, it lacked excellent judicial practitioners to participate in the formulation of laws. "
Lincoln is a professional lawyer after all, and Liang Yao agrees with this evaluation.
The makeshift team at the beginning of California's establishment was composed of members of the gold rush organization. The gold rush organization team would bring doctors with superb medical skills to California to pan for gold.
But no one would be so idle as to bring lawyers and judges to California, where there is no law, to pan for gold.
The current laws of California were formulated by Leland Stanford under the supervision of Liang Yao.
Although Stanford is also a professional lawyer, when he drafted the California laws when the state was established, Stanford was still a young man in his twenties. Whether in terms of knowledge or professional experience, he could not compare with Lincoln, a nationally renowned lawyer.
For a young lawyer in his twenties, Liang Yao has nothing to ask for. Stanford has already performed exceptionally well in building the legal framework of California.
As for the harsh laws of California, heavy punishments are needed in troubled times. New immigrants enter California every day, and the quality of the personnel varies. The laws have to be harsh and the penalties have to be heavy.
"You can help me improve and supplement the laws of California to repay me. I will do you this favor. "Liang Yao said to Lincoln.
Like Lincoln, it is difficult to find judicial talents who are familiar with national laws and have rich experience in the field in California. Liang Yao hopes that Lincoln can help improve some California laws.
"I am a member of the Illinois legislature, but I do not have the right to amend California laws." Lincoln said with some embarrassment.
"I didn't ask you to revise them, but just asked you to supplement and improve them for my reference." Liang Yao said.
"It's a deal." After thinking for a moment, Lincoln agreed.