Ban on Concealment Settlements for Criminal Activity by Private and Public Entities

Liberty
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1

Ban on Concealment Settlements for Criminal Activity by Private and Public Entities

Section 1: Title

This law shall be known as the “Public and Private Transparency in Criminal Conduct Act.”

Section 2: Purpose

The purpose of this law is to prevent the concealment of criminal activity through private settlements, gag orders, non-disclosure agreements, or any form of coercion that inhibits victims, witnesses, third parties, or public officials from reporting or prosecuting criminal conduct. This law also prohibits public officials and departments from engaging in settlements or agreements that could limit accountability for criminal actions.

Section 3: Definitions

  1. Crime: Any act or omission that constitutes a criminal offense under federal, state, or local law.
  2. Private Settlement: Any agreement, contract, or arrangement, including financial compensation, non-disclosure agreements (NDAs), or other inducements, created privately to resolve matters related to criminal conduct outside of formal legal proceedings.
  3. Gag Order: Any written or verbal agreement or condition that restricts a victim, witness, public official, or third party from discussing, disclosing, or reporting a criminal offense to law enforcement or other authorities.
  4. Coercive Motivation: Any pressure, inducement, or financial incentive that compels a victim, witness, third party, or public official to remain silent about criminal activity.
  5. Public Official/Department: Any individual holding a government office or any governmental department, agency, or entity operating at the federal, state, or local level.

Section 4: Prohibitions

  1. Ban on Non-Disclosure and Settlement Agreements in Criminal Cases by Private and Public Entities: It is unlawful for any individual, corporation, attorney, public official, or public department to create or enforce private settlements, gag orders, NDAs, or similar agreements designed to prevent the reporting or prosecution of criminal conduct. Such agreements are void and unenforceable.
  2. Duty to Protect Victims’ and Witnesses’ Right to Report: Private agreements and settlements cannot inhibit a victim’s, witness’s, or public official’s right to report a crime. Individuals and public officials are free to disclose criminal conduct they are aware of to law enforcement without fear of legal repercussions from non-disclosure agreements or settlements.
  3. Prohibition on Coercive Motivations: Offering or accepting financial or other forms of inducements to discourage a victim, witness, public official, or third party from reporting criminal behavior is prohibited. Any agreement that attempts to silence victims, witnesses, public officials, or third parties through monetary or non-monetary inducements related to criminal activity is void and unenforceable.
  4. Ban on Public Officials and Departments Engaging in Settlements to Avoid Accountability: No public official, department, or government agency may enter into private settlements, non-disclosure agreements, or any form of agreement intended to prevent the disclosure or prosecution of criminal activity. All matters involving public officials or departments must be subject to full transparency and cannot be resolved through private settlements.
  5. Ban on Private Settlements as Substitute for Prosecution: Private settlements that attempt to replace, prevent, or interfere with the prosecution of criminal activity are void and unenforceable, regardless of their terms.

Section 5: Protections for Self-Incrimination Rights

  1. Protection Against Self-Incrimination: This law does not require or compel any individual to report their own criminal conduct. Individuals retain their Fifth Amendment right against self-incrimination. Any person aware of a crime but not personally involved may report the crime without restriction from a private settlement.
  2. Witness, Victim, and Public Official Rights: Witnesses, victims, and public officials have an unqualified right to report criminal conduct to law enforcement. This right cannot be waived or restricted by any form of private settlement, non-disclosure agreement, or public settlement by government entities.

Section 6: Enforcement and Penalties

  1. Criminal Penalties: Any person, attorney, public official, or organization found to have knowingly drafted, enforced, or proposed a settlement, gag order, or NDA intended to conceal criminal conduct may be subject to fines and imprisonment. Legal and public professionals involved may face disciplinary actions, including disbarment and dismissal from public office.
  2. Civil Penalties: Any individual, entity, or public department in violation of this Act may be liable for civil damages, including punitive damages, to the victim or witness for attempting to conceal criminal activity.
  3. Void Contracts and Settlements: Any private or public settlement, NDA, or similar agreement created to prevent reporting of criminal conduct is null and void under this law.
  4. Right to Report: This law guarantees that victims, witnesses, third parties, and public officials can report crimes without fear of reprisal from private settlement agreements, public settlement agreements, or non-disclosure clauses.

Section 7: Public Transparency Requirement for Government Entities

All government entities must maintain transparency in matters related to criminal conduct. Records, proceedings, and investigative outcomes related to crimes involving public officials or governmental departments must be publicly accessible, subject only to existing privacy laws for victims and ongoing investigations, to ensure public accountability.

Section 8: Severability

If any provision of this Act is found to be invalid or unconstitutional, the remaining provisions shall continue in effect, with the invalid provision removed from enforcement.

Section 9: Effective Date

This Act shall take effect immediately upon passage.