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High Court of the South Pacific
Case Submission

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Your Honours,

I, Roavin, respectfully submit the following case for consideration by the High Court. I hereby state that the information within this submission is true, to the best of my knowledge, and that there is no malicious intent or vexatious nature to it. I further promise to make myself available to any future questions or request from the Court in order to ensure that this case is fairly considered.

Nation: Legislator Committee

Reference Name: Identity Fraud by Shangyuen/Schweizer Reich

Description: Your honors,

(Note: Some of the information in this submission is pseudomized or redacted in accordance with the Privacy Violation clause of our Community Standards)

On December 15, an individual calling themselves both in-game and in our forum as Schweizer Reich applied for Legislatorship (see here). The application does not state any alternate identities or World Assembly membership. After investigation by the Legislator Committee, we have rejected the application because we find it substantially more likely than not that Schweizer Reich is an alternate identity of Shangyuen.

The High Court recently found Shangyuen guilty of Contempt of Court (see 2012.HC), primarily for not responding to the High Court’s order. During the Court proceeding, Shangyuen’s nation left the region (on around December 8, based on this Discord message by Pencil Sharpeners). On December 15, the nation Schweizer Reich was refounded and moved to the South Pacific (see here), and there began to participate on the RMB and apply for Legislatorship.

One of the residential IPs used by Schweizer Reich exactly matches an IP previously used by Shangyuen. Furthermore, the email address registered for Shangyuen’s forum account (Sshhaannggyyuueenn) is *swiss*reich*@*.*; the german word “Schweizer” in english is “swiss”.

There is more evidence that we could procure, though we don’t feel it’s necessary to demonstrate our assessment; we in the Legislator Committee must strike a balance between making a compelling argument for the Court and for South Pacificans, while keeping secret the breadth of our tools and methods. If it were absolutely necessary, we could provide more evidence for in camera review.

Usually, when the Legislator Committee notices an individual applying multiple times, we will work with that individual to ascertain the reasons and assess if they are benign or not. In this case, we opined that Shangyuen must have consciously decided to shirk responsibility for their actions while they were under trial and instead seek membership under an alternate identity, in blatant violation of Criminal Code 1.2 “Identity Fraud”. Given that, and adding the pending sentencing for Shangyuen in 2012.HC (for which this information may be of value), we decided against a possibly lengthy arbitration process behind closed doors and instead to bring this case directly to the Court for deliberation.

-- Roavin (Member of the Legislator Committee, and representing the Legislator Committee for the purposes of this case)

Question: The Legislator Committee asks the Court to find probable cause that Shangyuen committed Identity Fraud, and thereby indict them in accordance with Judicial Act 5.1.

(This post was last modified: 12-31-2020, 01:39 PM by Kris Kringle. Edit Reason: [Chief Justice Edit] Updated the title of the thread with the DN. )

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HIGH COURT OF THE SOUTH PACIFIC [2015.HC] LEGISLATOR COMMITTEE V. SCHWEIZER REICH SUBMISSION 31 DECEMBER 2020 Notice is given that this question has been received by the High Court and has been assigned all the necessary identifying information as follows: DOCKET NUMBER 2015.HC REFERENCE NAME Legislator Committee v. Schweizer Reich CHARGE Identity Fraud The petitioner and other interested parties are invited to explain the existence or lack of probable cause for the charges no later than 04 January 2021 10:00 UTC, but the Court reserves the right to make a determination after the accused party has exercised their right to dispute the charge. Briefs Amicus Curiae on the preferred eventual outcome of this case are not required at this time. 2015.HC.NR | Issued 31 December 2020

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
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HIGH COURT OF THE SOUTH PACIFIC [2015.HC] LEGISLATOR COMMITTEE V. SCHWEIZER REICH SUBMISSION 31 DECEMBER 2020 @Roavin is respectfully asked to present further evidence of the claim of identity fraud at their earliest convenience, so that the Court can properly consider the presence of probable cause. Information may be provided in camera if desired, in keeping with all applicable rules of confidentiality. 2015.HC.ER | Issued 02 January 2021

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

(This post was last modified: 01-02-2021, 12:55 PM by Kris Kringle.)

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Your honors,

I intend to submit the evidence for the claims we laid out in our initial argument. Due to the sensitive nature of that evidence (OOC: protecting player privacy is obviously more important than any in-universe court case that we roleplay here), it will be submitted in-camera to the Chief Justice only, who by virtue of being an administrator already has trusted access to such information and can verify it for themselves. I will reach out to the Chief Justice to determine the most proper method of submitting that evidence.

If requested, I could procure a pseudomized version of that evidence, though I would strongly prefer that the Chief Justice confirms the claims given in the case submission as they are.

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Your honors,

I have sent 4 items of evidence to the Chief Justice via Discord. These are as follows:

Item 1: Shows that the nation Shangyuen uses the forum account Sshhaannggyyuueenn, by referring to their Legislator Application.
Item 2: Shows through a screenshot of the Administration Control Panel that the Email address for the Sshhaannggyyuueenn account matches the scrambled version "*swiss*reich*@*" given in the case submission
Item 3: Shows that the translation of "Schweizer" to english is "swiss" by referring to the LEO online dictionary
Item 4: Shows the list of IP addresses for both Sshhaannggyyuueen and Schweizer Reich, and shows that there is an overlapping IP address between the two.

Reply

HIGH COURT OF THE SOUTH PACIFIC [2015.HC] LEGISLATOR COMMITTEE V. SCHWEIZER REICH SUBMISSION 31 DECEMBER 2020 | PROBABLE CAUSE 11 JANUARY 2021 Whereas this Court has been asked to exercise the judicial power vested in it by Article VIII of the Charter of the South Pacific, it is resolved as follows: FINDING OF PROBABLE CAUSE This case is found to have probable and shall be duly considered under all designations assigned by document 2015.HC.NR. INDICTMENT Schweizer Reich is indicted on the charge of Identity Fraud and is invited to present a defence no later than 26 January 2021 10:00 UTC either on their own or through an attorney of their choosing. SUBMISSION OF BRIEFS AMICUS CURIAE Interested parties may submit briefs amicus curiae to argue their views on the whole or a part of this case no later than 19 January 2021 10:00 UTC, and shall thereafter be liable to answer any questions that the Court may have in relation to their brief. SUBMISSION OF REQUESTS FOR RECUSAL Interested parties may request the recusal of the Chief Justice or any Associate Justice no later than 15 January 2021 10:00 UTC. Any such request should provide clear reasons to support the requested recusal and explain the possible negative impact of a failure to recuse. RETENTION OF RIGHTS The Court retains the right to consult with, and request further testimony and evidence from, government institutions and other third parties as necessary to adequately exercise its sole right to issue an opinion on this case. It is so ordered. 2015.HC.PC | Issued 11 January 2021

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

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Your honors,

have you contacted only the nation Schweizer Reich about their indictment, or also the nation Shangyuen? The former has not logged in since the case submission, while the latter remains active in another region.

(This post was last modified: 01-13-2021, 05:32 AM by Roavin.)

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Your honors,

have you contacted only the nation Schweizer Reich about their indictment, or also the nation Shangyuen? The former has not logged in since the case submission, while the latter remains active in another region.

Shangyuen has blocked me from their telegram inbox, and therefore cannot be notified through that nation. A third party may attempt to notify them, but absent any outstanding issues this trial should proceed as normal.

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

(This post was last modified: 01-20-2021, 02:37 PM by Kris Kringle.)

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HIGH COURT OF THE SOUTH PACIFIC [2015.HC] LEGISLATOR COMMITTEE V. SCHWEIZER REICH SUBMISSION 31 DECEMBER 2020 | PROBABLE CAUSE 11 JANUARY 2021 | VERDICT 03 FEBRUARY 2021 CHARGE Identity Fraud SUMMARY OF THE VERDICT It is the finding of the Court that the evidence presented shows that it is more likely than not that Schweizer Reich did indeed attempt to deceive the Legislator Committee and more broadly the South Pacific by obscuring their identity; therefore, on the charge of identity fraud the Court finds Schweizer Reich guilty. CHIEF JUSTICE KRINGLE DELIVERED THE OPINION, SIGNED ALSO BY JUSTICE GRIFFINDOR. On the matter of the charge of identity fraud against Schweizer Reich, it is the finding of the Court that the evidence presented shows that it is more likely than not that Schweizer Reich is an alternate identity for Shangyuen and has, therefore, committed the crime for which they are indicted. This finding is supported by the evidence submitted and by a reasoned consideration by this Court of the facts and circumstances available to it. The evidence provided by Roavin on behalf of the Legislator Committee (hereafter the Committee) is clear. In their initial submission Roavin informed the Court that Schweizer Reich applied for legislator status on 15 December 2020, while proceedings for [2012.HC] Pencil Sharpeners and High Court v. Philippinia and Shangyuen were underway. In the course of its normal review of the application, the Committee found it "substantially more likely than not"[1] that Schweizer Reich was an alternate account of Shangyuen, a fact that was not reported in the application[2]. The Committee reached this conclusion based on a variety of factors, some of which were discussed in public and further elaborated on in camera. The public submission of this case claims that the Schweizer Reich account and the Shangyuen account both use an identical IP address, and further that Shangyuen's forum account (Sshhaannggyyuueenn) is to the style of *swiss*reich*@*.*, "schweizer" being German for "swiss"[3]. In the course of further inquiry with the Committee, this Court was able to verify both claims, noting that there are strong indications that both accounts are controlled by the same person. The actual details of this verification are not included in this verdict out of privacy considerations. Schweizer Reich was contacted and afforded an opportunity to present a defence and dispute the charge against them; no such defence was presented. An attempt was made contact Shangyuen, but they had blocked Chief Justice Kringle from their telegram box. While further attempts could have been made to reach out, it should be clear that while the Court does make good faith efforts to afford all parties to a criminal case an opportunity to submit arguments, it is not incumbent upon this bench to go out of its way to ensure that any and all accused parties defend themselves before a verdict is issued. In the absence of an explicit rebuttal of the arguments and evidence presented by the Committee, which are fairly conclusive in and of themselves, the Court has no option but to find it more likely than not that Schweizer Reich did indeed attempt to deceive the Legislator Committee and more broadly the South Pacific by obscuring their identity. In view of these facts, the Court hereby finds Schweizer Reich to be guilty of the crime of identity fraud. It is so ordered. FOOTNOTES AND REFERENCES [1] [2015.HC.CS] Case Submission. Retrieved from https://tspforums.xyz/thread-9059-post-2...#pid212617 [2] Schweizer Reich (2020). Legislator Application. Retrieved from https://tspforums.xyz/thread-9022.html [3] [2015.HC.CS] Case Submission. Retrieved from https://tspforums.xyz/thread-9059-post-2...#pid212617 2015.HC.V | Issued 03 February 2021

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

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HIGH COURT OF THE SOUTH PACIFIC [2015.HC] LEGISLATOR COMMITTEE V. SCHWEIZER REICH SUBMISSION 31 DECEMBER 2020 | PROBABLE CAUSE 11 JANUARY 2021 | VERDICT 03 FEBRUARY 2021 Whereas this Court has found Schweizer Reich guilty of the crime of identity fraud and must now be given a sentence proportionate to the severity of the crime, this Court finds that said sentence should be as follows: Schweizer Reich is barred from being granted legislator status for a period of six months, served from the date when their sentence for [2012.HC] Pencil Sharpeners and High Court v. Philippinia and Shangyuen is completed. This sentence encompasses all alternate identities that Schweizer Reich has used in the past, is using at present or may use in the future. This sentence considered the fact that the crime involves the use of deception to gain legislator status and further that this action would have led to a circumvention of the authority of the High Court and the Legislator Committee, particularly given the outcome of [2012.HC] Pencil Sharpeners and High Court v. Philippinia and Shangyuen. Should Schweizer Reich or any other party know of any reason why this sentence should not be given as initially found, they are invited to present their reasons before this Court no later than 11 February 2021 10:00 UTC. It is so ordered. 2015.HC.SH | Issued 03 February 2021

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

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