Bureau Of Internal Revenue Enumeration: Legal Report

[diCardinale]

REPORT
ON THE CHARGE OF CORRUPTION AND ABUSE
AGAINST
THE SECRETARY OF FINANCE
by Chief of Legal Enforcement Aldus Tarken
intended for the Office of the Secretary of the Whip

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On Monday, the seventh of October, 307 A.C the Secretary of the Whip announced that an investigation on the Secretary of Finance, Her Grace the Duchess Tyrannian, had been initiated on suspicion of personal corruption and abuse of position. Believing these charges to be false but not wishing to expand the publicity or debate needlessly, The Secretary of Finance has at her discretion yielded all non redacted documents, transcripts, ledgers, and other materials relevant to the investigation to me for the sake of transparency. As a sworn non-partisan I have undertaken the effort to compile any relevant evidence at the request of the accused party and will lay it out in a consistent and judicious manner as possible.

As a disclaimer, at no point may the following testimony and evidence as compiled by me be construed as favoritism or otherwise constructed with a bias towards the Secretary of Finance. It must also be stated that the Secretary released the relevant materials of her own free will in an effort to settle the charges with justice and communication.​

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The Secretary of the Whip, hereby referred to as the Whip, noted correctly that a sum of 20,000 regals was issued to House Tyrannian by the State, specifically by the Secretary of Finance. As the accused party stated in the transfer of evidence for review, "The Secretary of Finance conscripted the House Tyrannian through official channels.". In asserting that the sum was properly handled, the Secretary stated that, "This was done through previous edicts, though not in the most clearest of words - references to this do exist.". Whereas the Whip inquired as to why the aforementioned sum was not directly provided, the answer lies in that there was no, nor is presently, a chartered body capable to be called upon and investigate the crises at the scale necessary. It must also be present on the Whip's mind that the position of Secretary of the Westmark did not exist at the time of the investigation, a position that would have handled the situation had it existed then.​

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Thusly the State turned to the Peerage to act as intermediaries for resources that it wished to hire the services of. As House Yaotl was approached for reasons regarding alchemy, House du Brierüst for the services of Doctor von Duerr, so was House Tyrannian approached for the purposes of executing an investigation to discover the source of the illness. A particular urgency was given due to the rapidity and aggression of the plague and whether such was natural or engendered by concerted action in a plot. All of the aforementioned Houses when granted leave to execute a plan in service of the state were issued a stipend to carry out the action. House Tyrannian was selected based on its ability to mobilize investigators just as House Yaotl, alchemy; House du Brierüst, medical expertise.​

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According to the documentation provided by the Secretary of Finance, the stipend of 20,000 regals was funneled into a covert organization that the Secretary has chosen to reserve the identity of, considering it for the purpose of this investigation part of Tyrannian proper, and this organization subsequently expended the funds to arrange for legal work, the salaries of select hired individuals, transportation, purchases of clothing, and other small purchases. This was in service to maintaining excellent standards for the investigators so as to assure a more thorough exploration. Additionally, there was a strict proviso instituted by the Secretary of Finance that the organization employ only legal means, in other words, to keep the law. Lastly, the findings and transcripts found by the organization, which reported to the Secretary who in turn committed to the State, were submitted in full and without reservation as expected by the Government.​

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It is my legal opinion that while the Secretary of Finance is guilty of nepotism, which is not a crime under the present Law Books, and under facts known now, she is not guilty of personal corruption and abuse of position. While access to the shadow organization is limited and thusly a truly complete painting remains elusive, there may be enough to render the message, to write metaphorically. Were subpoenas to be issued in order to uncover the organization and its records, it would most certainly be challenged by House Tyrannian as an infringement of noble privilege and an attempt to politically gain from the exposure of their intelligence network. Additionally, while corruption and abuse of position are certainly terrible and do injustice to the Empire, it is not expressly illegal under the current edition of the Law Books.

The closest law to employ in this investigation would be Political Law Nine: "To commit to engaging in duplicity, deceit, or political subterfuge against the governors of State administration serving under and for the Emperor, is illegal.". However, it is a non-starter as it states 'against the governors of State administration' which would apply only to members of the government or actors employed and/or chartered by the State. Had the Secretary of Finance been complicit in pocketing 20,000 regals, the victim would be the State itself considering it was the issuer of the stipend. Therefore no single actor may be determined and as such, even if the Secretary was guilty of that which the Whip has accused of her, she would not be in violation of any standing law.

If the Secretary of the Whip believes she has information and documentation contradictory to the evidence provided by the Secretary of Finance, then such testimony should be submitted to my office for a non-partisan review and counsel. It is vital that all are on the same page and the facts reconciled.
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Written by Chief of Legal Enforcement Aldus Tarken on 12 October 307 AC
Published by the Bureau of Internal Revenue Enumeration on 21 October 307 AC

 

[KK134]

"Ah, the nonpartisan review of a family member's subordinate well known for its neutrality and remind me wasn't the Whip supposed to serve as the adjudicator rather than some nobody from Tyrannian's plaything?" Merdoc queried to Damon in his study. (with only Damon, Merdoc, and Eryl in the estate) @G0atfather @Brit<3

 

[BillyTheScruffy]

In response to the so called 'Bureau of Internal Revenue and Enumeration at the request of Milena du Brierust, Secretary of the Whip,

The following judicial report is scribed and officiated by Imperial Magistrate Rodderick Howlester acting on behalf of the Regalian Judiciary. In response to your report I make the following findings and statements to become its ratio decidendi and binding as per the current Regalian Law.

The Bureau makes a number of wrong assessments, of which I will begin at its legal conclusion on the matter of the Whip's recent investigation. Nepotism is not a crime, you are correct, however it is morally reprehensible and grounds for suspicion for further corrupt conduct. Your learned colleagues in law must know that while an act may not be criminal in nature, it can give rise to suspicion of other criminal conduct. This plays part in my next point, to which I'll leave conclusion of the matter to the reader.

This investigating bureau is in itself part of Catherine Tyrannian's Secretariet and brought about with her authority with the approval of the Lord Chancellor. It is fact that if Catherine Tyrannian falls from her position, the apparatus, ipso facto, would also be liable to ousting or at the very least a change in command. There is motive for this bureaucratic appendage to side with their Secretariet out of bias regardless of waiver statements they themselves make as they stand to be directly affected by said Secretary's removal or punishment. It is the finding of the Judiciary that the very fact that this apparatus was the instrument to investigate the Finance secretary's corruption allegation over that of the Secretary of the Whip, the Violet Order or the Judiciary itself, is evidence enough of corruption and bias behavior and an attempt to pervert the course of positive justice. Furthermore, the argument that an infringement of noble rights would occur should a subpoena for evidence by the whip against House Tyrannian be made is also not founded in law or fact. The Whip would gain no more than the evidence requested through the subpoena which is not an infringement of any listed noble privilege or right. There is no Noble Right to withhold information related to a Government inquest or judicial investigation.

The Chief of Legal Enforcement, Aldus Tarken, also makes reference to Regalian Political Law 9 "To commit to engaging in duplicity, deceit, or political subterfuge against the governors of State administration serving under and for the Emperor, is illegal." This absolutely and unequivocally applicable to the current situation. If the Secretary has embezzled 20,000 regals, the action falls under the pure meaning of duplicity and deceit and directly applies to the Regalian Secretariet as its victim. He makes the argument that the State is the one at loss, not the Government or its actors which is simply not fact. A loss of any State fund is a loss to the Secretariet. 20,000 Regals can pay the wages of many war troops, thus an embezzlement would directly affect and undermine the Secretary for War. 20,000 regals can assist in the establishment of State apparatus where dictated by the Lord Chancellor. 20,000 Regals can pay for Missionaries abroad at the discretion of the Secretary of Faith. The list is unexhaustive. Embezzlement of State Finances always and /must/ apply under Political Law 9 and in this case does so.

In concluding this finding, I have to remark in orbiter dictum, that simply declaring that a statement is non-partisan, does not make it so. As a legal organisation, the onus is on the bureau to acknowledge that due to the leadership of the Bureau's organisation falling on a Tyrannian, placed there by a Secretary with the surname Tyrannian and put in legal effect with the powers of said Tyrannian, it falls that any situation involving the Secretary of Finance, criminal or not, is directly linked to the Bureau of Internal Revenue and Enumeration. In circumstances like this, it should not fall to the Bureau to investigate, but rather the Whip in order to collect evidence to bring before the Emperor or the Judiciary through a procedural inquest.

The Judiciary leaves this information at the discretion of the Government following this inquest. It does not conclude that Catherine Tyrannian has in fact committed this, if any, offence, but rather sets straight the legal position of the matter in the error of the Bureau itself.

SIGNED, SEALED AND EXECUTED UNDER OATH BY THE OFFICE OF HIGH JUSTICAR RODDERICK HOWLESTER ON THE 26TH OF OCTOBER.

High Justicar of the Patriciate Court,
Imperial Magistrate,
Sovereign Prince of Gallovia.
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