A false lien is document that purports to describe a
lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
, but which has no legal basis, or which is based upon false, fictitious, or fraudulent statements or representations. In the United States, the filing of false liens has been used as a tool of harassment in "
paper terrorism
Paper terrorism is a neologism to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment. These methods are popular among some American anti-g ...
", often against government officials. The practice was pioneered by the
Posse Comitatus
The ''posse comitatus'' (from the Latin for "power of the county/community/guard"), frequently shortened to posse, is in common law a group of people mobilized by the conservator of peace – typically a reeve, sheriff, chief, or another speci ...
. The
Bureau of Prisons
The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
has responded by treating lien documents and personal information (such as
Social Security Number
In the United States, a Social Security number (SSN) is a nine-digit number issued to U.S. citizens, permanent residents, and temporary (working) residents under section 205(c)(2) of the Social Security Act, codified as . The number is issued to ...
s) of federal agents, judges, etc. as
contraband
Contraband (from Medieval French ''contrebande'' "smuggling") refers to any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous or offensive in the eyes o ...
in
federal prison
A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law (U.S., Mexico), inmates considered dangerous (Brazil), or those s ...
s.
The U.S. Congress has criminalized the filing of false liens, and the
U.S. Sentencing Guidelines
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the Unit ...
treat the filing of a false lien against a government official as equally serious as
threatening the government officials of the United States
Threatening the government officials of the United States is a felony under Law of the United States, federal law. Threatening the president of the United States is a felony under , punishable by up to 5 years of imprisonment, that is investigated ...
. Various U.S. states have been developing ways of combating false liens.
References
Crime
Liens
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