First to wonder why I'm reading this on the SabbaTTTh.

I feel bad for the family. I actually believe them. I think the kid just didn't understand what he was being asked. The problem is the family's weird as hell and not terribly likable, so they're going to be railroaded no matter what.

If the family has done any of their storm chasing in Kansas, and you think it is immoral to drive your child into the path of a tornado, then you could say they transported a child across state lines for immoral purposes. Presto. Mann Act violation.

Can't believe those assholes Lathamed everyone like this.

Even if it was a hoax, why wouldn't the misdemeanor charges for making a false report be sufficient? Why the need to heap additional criminal opprobrium upon them? Has no one ever heard of civil liability (i.e., to the state, county, national guard, and media) for all the costs associated with the incident? I would think that the civil liability would be crushingly sufficient if people are out for blood. Not to mention the very public shaming in the media that has already begun to ensue.

Enough about the "balloon boy" and his publicity seeking family - you are playing into their hands, and encouraging others to do the same to get the publicity.

Didn't the father first call the FAA to report the incident? If he alleged that a child was in the balloon, would that not serve as a basis for Sec. 1001 false statement charge?

Yeah, if it turns out the parents fabricated this whole thing, I'm pretty pissed. I felt very bad when I first heard of it, in sympathy with a family I thought had lost a child. To find instead that it was all a publicity stunt is harrowing, but not completely unexpected. We live in the age of "celebrity"...woe is us.

I dimly remember a case from my torts class where, in similar facts, the government successfully asserted promissory estoppel, having reasonably relied on the 911 call and subsequent media coverage. Restatement 90 would seem to be on point here.

What a crazy dude

For a Federal criminal charge, how about impersonating Obama by using an overinflated baloon full of hot air, going nowhere and accomplishing nothing.

this video is priceless:

http://www.youtube.com/watch?v=lr_zA5E7n7A

what a bunch of freaks.

Guys in my high school used to stuff their little autistic brothers into helium ballons all the time. It was no big deal.

if the US attorney can't make an 18 USC 1001 charge stick he should slam his head in a door

Can't believe Latham. Imagine what will happen when they try to recruit Top Talent in the future.

If the government relied on the representations of Balloon Boy's families and incurred expenses based on those representations, wouldn't the government have some sort of promissory estoppel claim against the family? All the government would have to demonstrate is that their reliance was reasonable which, under the circumstances, seems to be the case.

Promissory estoppel? We're talking criminal liability here. Try again. But a false statement charge, as I said above? Yes.

ignore the promissory estoppel trolls... it is just an ATL meme/schtick.

intentional false representation would probably be an appropriate tort claim for civil liability.

maybe commenter no. 9 and everyone who prayed for the little boy could file a class action for IIED (i kid, i kid).

18, for criminal liability, yes. But we were talking about a method for the government to recoup the cost of "rescue." Sorry for the confusion.

12 gets comment of the week, but MysTTTal's liberal ass will never recognize it.

What about recovery under the restitution interest? Were they enriched? Even though the govt. was trying to save a kid that wasn't in the ballon, I bet there is still enrichment. Was it unjust? Probably per se.

12 = ROTFLMAO

Does anyone know if Falcon and his brothers attend school? Seems a bit odd that all three children happened to be home on a weekday unless they are "home-schooled".

You'll never catch me, I'm flying at the speed of wind!

-Chief Clancy Wiggum

Bake 'em away, toys.

I'm sure there's an honest services violation. There's ALWAYS an honest services violation.

16

Maybe Bob Dell will make another no layoffs promise?

I hear they're desperately throwing world series tickets at top students to try to get them in.

12 = best comment ever! Nice one.

23: agree, comment 12 is hilarious.

6: you have an interesting argument, but I don't buy it for a minute. I'm not trying to flame you, but to engage you.

Why should other (i.e. federal) criminal charges NOT be applied here, as fit the facts? If this was a hoax, it was a huge theft of government services. The WaPo has an interesting story online today about the District's HIV/AIDS office's mismanagement of funds, and the AIDS sufferers who are indirectly, but grievously, harmed. If the allegations are true, should the government be limited to seeking civil liability from the fraud perpetrators? If an AIDS patient died because a nonprofit's funding was steered to a no-show relative of the office's director (as alleged in the article), is civil liability and shaming, coupled perhaps with a misdemeanor charge, sufficient?

Take some other big time offenders. We'll omit Richard Speck, John Wayne Gacy and their ilk, on the ground that they physically hurt their victims (although I'm not sure that makes any conceptual sense).

But Bernie Madoff and Marc Dreier did not physically hurt their victims. M and D suffered profound public shamings, and are subject to enormous civil liability. Dreier was disbarred, and Madoff couldn't make it back into the NASD if he were the angel Gabriel.

Was the imposition of an extended prison sentence in each case inappropriate, on the ground of overkill? What conceptual distinction do you draw? Is it just that the dollar AMOUNT of theft by Dreier and Madoff was a huge multiple of the theft occasioned by this hoax?

The family is clearly racist. They would never be allowed to purchase a small portion of an NFL team.

29 - The distinction I would draw is that what Heene did (if he did, in fact pull a hoax) was not so bad, other than the expenses incurred, which can be addressed by the civil penalties. I admit it is bad enough for some criminal liability, but I just don't think they should be digging around for statutes to throw the book at him and make it harsher. Maybe I just feel bad for him because I think he clearly has some mental issues, and I could also see how it might not have been a hoax--kids say stupid shit all the time, especially-six year-olds--but he's already been tried and convicted in the court of public opinion and I fear he's not getting a fair shake. I guess all of these factors could be considered in sentencing too.

Don't worry, I would never even think about practicing criminal law. -6/31

Hang 'em!

Elie,

Any Good Samaritan liability here?

I hear that statute cures baldness, and prevented more terrorist attacks than Jack Bauer.

I apologize if I disturbed your bear-claw induced coma.

If you're gonna spew, spew in this.

I hear Bob Dell doesn't just fire you...HE EATS YOUR SOUL!

i'm still disturbed by Hurrican Katrina. What those people did to the Superdome!

I think the title shows how ridiculous this is... can the authorities "come up" with federal charges

why are the fed's searching through statutes to come up with "novel" / unprecedented applications of criminal law, clearly NEVER intended by congress.

If the only law on the books intended to combat this sort of thing is a class 3 misdemeanor, so be it. What ever happend to no expos facto laws? "Finding" charges seems to be just that ... There are thousands of criminal statutes on the books, smart attorneys will always come with something if pressed to it.. I think this is disgraceful.

So how come there were not even class 3 misdemeanor false reporting charges against Crystal Mangum of Duke lacross fame or Danmell Ndonye of Hofstra false rape fame?
Maybe false accusations of rape are less serious than false reports of a lost balloon?

If the races were reversed MysTTTal and the rest of the race-baiters would be all up in arms. Change we can believe in.

"It’s too bad the balloon did not make it across state lines."

This punchline is golden.

-An appreciator of the sardonic & wry

But how does this story affect the Latham troll? Oh wait, I see. Nevermind.

Federal charges - so easy. First, there must be a federal COA equivalent to Restatement 90 (implied promise to forbear in hoaxing federal peeps). Second, at the cite
http://www.youtube.com/watch?v=wI6UONWCq7A, a violation of Federal Communications Commission regulations occurred when Balloon Daddy farted on air. See FCC v. Clear Commissions (April 2004, FCC fined Clear Channel Communications and Howard Stern $500,000 for the offense of making fart noises on air).

39: that is an extremely good question. There is no good answer. Those women should have been charged with a crime for their lying to authorities.

I suspect it has to do with the influence of the feminist lobby, which argues that we must never, ever take any action that might be construed as discouraging women from filing rape claims, even if some of those women are lying.

42 here. The correct link is http://www.youtube.com/watch?v=wI6UONWCq7A
(fart at 43)

12 = Best comment in a long time

I'm actually a fan of Obama, but I agree that 12 was very witty.

I love Obama, but 12's comment was pretty damn witty. Bravo, sir.

24 u dumb fuck, it was teacher conference day so no classes for the kids.

Misdemeanor charges are perfect here. Dad is a stupid asshole... 6 months plus paying cost for govt services would be more than fair.

Media fucking stupid - I am hardly a science guy, but 3 minutes on google when I first saw the story taught me that a 5 x 20 balloon wold not have carried the kid, and woukd have been misshapen under ANY load.

American media sucks ass. Local sheriff is an idiot.m nothing else to see here folks, move along.

i don't see what this has to do with earth shattering layoffs at latham

Can we stop with the Obama nonsense and focus on the issues that really matter here? Comment on Balloon Boy, people.

I will do Mayumi Heene without thinking. I get boney everytime I see her. There is this wierd link between mentally challanged girls and my boner. I will do her, nevertheless.

I will do Mayumi Heene without thinking. I get boney everytime I see her. There is this wierd link between mentally challanged girls and my boner. I will do her, nevertheless.

I will do Mayumi Heene without thinking. I get boney everytime I see her. There is this wierd link between mentally challanged girls and my boner. I will do her, nevertheless.

Dude, if you have to go look in a book to find what law someone broke then you shouldn't be charging them.

This is just one example of how government is so big that any one of us can be charged if an elected prosecutor takes a hard look at us. We're all criminals at the complete discretion of whatever DA, AG or USA needs a bust.

54: Yes, I much prefer a system of justice in which the prosecuting authorities make it up as they go. Lawyers should never "go look in a book" when charging people.

Moron.

"We have the criminals, and they're really bad. Everyone hates them and wants to see them go down. Now we just need a crime. The only one we can think of is weak, so keep looking."

-Jim Alderden and friends, defenders of liberty

55, if you're a professional criminal prosecutor and you can't name the crime when given the facts then the system's too complex. You know I'm not suggesting that prosecutors go to court unprepared, f-ktard.

And you're not safe either. Ask an AUSA sometime if there's any way possible they couldn't get a target defendant on RICO, FCPA or some other overreaching statute.

12, comment of the week

Just talking out my a** without any expertise in the area or inclination to do any research, given the disruption at the Denver airport there's got to be a way for the FAA to hit these idiots with violating some federal law or regulation.

i suppose i should know this, but did falcon heene attend an accredited school?

you mean there isn't a statute on the books about balloon hoaxes?

I hope the Heene's get off scot free. I feel sorry for them and how desperate they must be to have to go to these lengths to make a living.

Also, I would like to see them get off scot free just so I can see the fury of the sociopaths who post in online forums and who have been excoriating the Henne's and calling for their blood. I would love to see all these online freaks gnashing their teeth and screeching in fury if the Henne's get off.

The problem is the potential for injury to the potential rescue team. Had the Colorado Air guard launched a chopper or plane, their troops could have been injured. That's why I can't forgive these freaks. And the fact thayt they enlisted their kids in a crime.

but if balloonboy had been with QE would he have checked his e mail?

Felony =/= federal crime. Just FYI. Maybe everyone was asleep in crim law, or they didn't teach that in the t14.

61, sure it was enacted after the Hindenburg.

57: You have me there. I mean, what kind of an Orwellian world are we living in, when lying to federal officials in order to drum up a massive police response to a supposed life-or-death experience, which isn't at all life-or-death, is a crime? How is the average citizen supposed to conform his conduct to such vague standards?

A prosecutor may not be able to cite of the top of his head the code provision that covers this little misadventure, but this is hardly a RICO horror story.

They should charge the family for naming their kid Falcon and for having too much time on their hands. Who the hell has time to build a giant Jiffy-Pop that can fly across the country?

68: Orville Redenbacher?

Slow news day?

12, the balloon was full of helium. I understand that "a gas ligher than air" or the like was a relatively awkward choice. But 3 out of 5 stars to you for solid Catskills-rocking political humor. And you should be grateful that you are not Elie because your joke would have been buried in condmenation for you being too terribly black to understand what was inside the balloon.

I read that the balloon got close enough to the airport to cause them to delay flights. I believe airspace is federally regulated. There's your federal charge.

At any rate, the real punishment for these jokers will be being sued for the cost to taxpayers of their little stunt.

How do you know it was father who f-rted? I thought it was the son, young Falcon, who tooted!