What we have seen bubble to the surface of the steeping cauldron of corruption and hypocrisy are the deeds of those who accepted a post to “serve the people” and mismanage and abuse the authority and powers of their position in pursuit of an agenda and often for for their own benefit. Defending yourself involves going on offense, which is easy when you can spot the weak points in their armor. They commit fraud, forgery, and felony as often as they breathe in and out. Who knows what they’ll f-up next. Any list gets long quickly resulting in a host of other trespasses and offenses. Defending yourself then simply becomes holding them accountable for the painfully obvious…
In a hurry? Try using Ctrl+F function and search by keyword…
Resources: Legal Information Institute at Cornell, TheLawDictionary.org, constitutionallawgroup.us, iamhassentmetoyou.com/library, Jurisdiction Brief, Federal Rules for Civil Procedure (Cornell LII), Uniform Commercial Code (Cornell LII), English version of Legal Maxims, Morgan [searchable .txt version]; Property Law (Black’s Online);
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STATUS: Open for Discussion; post additions and suggestions in comments below.
NOTE: Citings on this page are NOT comprehensive, but only focus on those items thought to be most useful to our community and purpose. This page should only offer you an overview of what statute may fit the trespasses you have suffered. You are encouraged to follow links to original content and review the citing for yourself in its entirety to see if other sections might also match your circumstances.
Filing Complaints or Claims:
The following resources can orient you to how “the establishment” would like you to file your complaint. The 6-step process discussed by Alphonse Faggiolo allows you to establish a priority standing on facts after allowing the trespasser to “back themselves into a corner” made of fraud, deceit, and incompetence from which they likely cannot escape. Use the following for information, and for what format your documents or submissions might take.
Federal Bureau of Investigation
police misconduct – how you can file a complaint with DOJ
violations of Federal Law – report to the FBI
criminal case – DOJ brings a case against the accused person
civil case – DOJ vs. governmental authority or law enforcement agency
(start with your local field office – address the SAC-special agent in charge)
DOJ Civil Rights Division – [online report]
U.S. Department of Justice, Civil Rights Division
950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001
(202) 514-3847 – 1-855-856-1247 (toll-free)
Five Foundational Documents
I recently came into contact with the work of Bobby Lawrence, who under the wing and tutelage of David Straight, has authored an inspired series of videos and presentations.
- The Lee Resolution; July 2, 1776 [archives.gov] [LOC]
- Declaration of Independence; July 4, 1776 [archives.gov] [LOC.pdf]
- Articles of Confederation; November 15, 1777 [archives.gov] [LOC-1] [LOC-2]
- United States Constitution for America; September 17, 1787 [archives.gov] [LOC] (?)
- Northwest Ordinance; July 13, 1787 (compact) [archives.gov] [LOC] [other.pdf]
archives.gov/milestones – list of documents on timeline
What is “federal”?
Federal: “In constitutional law. A term commonly used to express a league or compact between two or more states. In American law. Belonging to the general government or union of the states. Founded on or organized under the constitution or laws of the United States. The United States has been generally styled, in American political and judicial writings, a “federal government.” The term has not been imposed by any specific constitutional authority, but only expresses the general sense and opinion upon the nature of the form of government…” (Black’s Law, 2nd Ed.)
Federation: “A company that is made of smaller companies that bring issues to the attention of members. Each one had control of its own business.” (Black’s Law, 2nd Ed.)
Federalism: (see Cornell WEX, extended discussion, de facto reasoning)
A few Common Law Principles:
The Law began when God entrusted dominion over the air, land, and sea to Adam in Genesis 1:26-28. The Earth is entrusted to man, and this original trustee’s heirs in perpetuity. Whether you’re a believer or not, the Bible and our relationship with God is central to the founding of LAW and continuance of our nation, country, and its people.
Ronald Reagan, then President of the United States, commemorated our nation’s relationship with God and his Word in Proclamation 8018, Public Law PL 97-280, on February 3, 1983. He proclaimed 1983 the “Year of the Bible”.
Common Law orbits the ideas of God’s Law in that man is expected to exercise dominion over the Earth (his possessions in it), and is free to enjoy their own liberty until their liberty encroaches upon the rights of another. Common Law is just that simple.
What we so often run into today is not Law but “code, statutes, and ordinances”; corporate by-laws for corporate employees. The “corporate agents” apply these to We the People, because they have conscripted us as chattel property through fraud, misrepresentation, and non-disclosure.
Self v. Rhay, 61 Wn (2nd) 261
“The common law is the real law, the Supreme Law of the land, the codes, rules, regulations, policy, and statutes are not the law.”
Probable Cause: “Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).” [Cornell Legal Information Institute]
Brinegar v. U.S.,388 US 160 (1949)
Probable Cause to Arrest – Provides details on how to determine if a crime has been or is being committed.
Carroll v. U.S., 267 US 132 (1925)
Probable Cause to Search – Provides details on the belief that seizable property exists in a particular place or on a particular person.
Draper v. U.S. 358 US 307 (1959)
Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution in the belief that a crime has been or is being committed. Reasonable man definition; common textbook definition; comes from this case.
Habeas Corpus: Latin for “that you have the body.” In the US system, federal courts can use the writ of habeas corpus to determine if a state’s detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful. [MORE] [Cornell Legal Information Institute]
Crime: All crimes have [four] basic common elements: (1) a voluntary act (“actus reus”); (2) a culpable intent (“mens rea”); (3) “concurrence” between the mens rea and the actus reus; and (4) causation of harm. [Black’s Law, 2nd Ed.; Criminal Law (Emanuel)]
[where there is no harm (as damage or trespass), there is no “crime” – dp]
Rule 602: Need for Personal Knowledge: A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703: Bases of an Expert. (Federal Rules of Evidence)
29 CFR § 18.602 – Lack of personal knowledge: A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness’ own testimony. This rule is subject to the provisions of § 18.703, relating to opinion testimony by expert witnesses. (CFR – Code of Federal Regulations)
Prima facie – Definition – Latin for “at first sight.”
Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” An example of this would be to use the term “prima facie evidence.” It may also be used as an adverb meaning “on first appearance but subject to further evidence or information.” An example of this would be to use the term “prima facie valid.” [Cornell LII]
“…on the first appearance; on the face of it; so far as can be judged from the first disclosure ; presumably. A litigating party is said to have a prima facie case when the evidence in his favor is sufficiently strong for his opponent to be called on to answer it. A prima facie case, then, is one which is established by sufficient evidence, and can be overthrown only by rebutting evidence adduced on the other side.” [Black’s Law]
Standing: Standing, or locus standi, is capacity of a party to bring suit in court.
Standing in Federal Court: At the federal level, legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law. Federal courts only have constitutional authority to resolve actual disputes (see Case or Controversy). [Cornell Legal Information Institute]
Standing in State Court: A state’s statutes will determine what constitutes standing in that particular state’s courts. These typically revolve around the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable.
In Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992), the Supreme Court created a three-part test to determine whether a party has standing to sue:
1) The plaintiff must have suffered an “injury in fact,” meaning that the injury is of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent
2) There must be a causal connection between the injury and the conduct brought before the court
3) It must be likely, rather than speculative, that a favorable decision by the court will redress the injury
Perjury: Generally, a witness in a trial commits perjury when he knowingly and intentionally lies about a material issue. The precise definition of this crime varies by jurisdiction. Federal law prohibits perjury, 18 U.S.C. § 1621, as well as other false declarations before federal courts. 18 USC §1623. See Dunn v. U.S., 442 U.S. 100 (1979). See also State Civil Procedure Statutes.
Montgomery v state 55 Fla. 97-45S0.879 (within the text of the pdf) quoted:
Penhallow v. Doane’s Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54),
a. “Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.”
Monell v. Department of Soc. Svcs., 436 U.S. 658 (1978) – “Local governing bodies (and local officials sued in their official capacities) can, therefore, be sued directly under §1983 for monetary, declaratory, and injunctive relief in those situations where, as here, the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted or promulgated by those whose edicts or acts may fairly be said to represent official policy.” These are errors of “patterns, policies, and practices” despite such being encoded or entered into official documents or records.
42 USC §1983 – Civil action for deprivation of rights
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,”
“A distinction without a difference”—a colloquial expression employed by one wishing to recognize that while a linguistic or conceptual distinction exists between any number of options, any such distinction lacks substantive practical effect. [Southall, Univ. Richmond]
Notes on the Grand Jury
Grand Jury: (bear in mind, all of these are based on the de facto government service corp. descriptions…) defined: Cornell LII Wex, and Black’s Law, 2nd Ed., including: Grand Jury, Jury Grand, State Grand Jury, Federal Grand Jury, and Extraordinary Grand Jury, also worth review Common Jury and Jury Common.
Amendment V, Bill of Rights, Constitution for the United States of America
FRCP Rule 6:
(a) Summoning a Grand Jury. (1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned…
(b) Objection to the Grand Jury or to a Grand Juror.
(c) Foreperson and Deputy Foreperson.
[MORE…]
ref: UNITED STATES v. WILLIAMS; (Cornell LII syllabus) (Cornell LII) (justia.com)
Indictment: “A written accusation of one or more persons [as office or people] of a crime or misdemeanor, presented to, and preferred upon oath or [with required] affirmation [under penalty of perjury] , by to a grand jury legally convoked [lawfully convened].” [Black’s Law, 2nd Ed./edited dp] An indictment originates with a grand jury of 16 to 23 impartial members (de facto courts, 12-36 land and soil at present) separate from all other government branch or agency (a “fourth branch” with oversight and nullification power). Evidence can be reviewed and if charges determined to be warranted, an indictment may be issued with at least 12 members in agreement. Beyond deliberation by a grand jury, the list of statutory violations (charges) and civil fines (remedy) can be issued as an “indictment”, also called a “true bill” having been adjudicated. Amendment V requires that “federal crimes” subject to long incarceration or death penalty be reviewed by grand jury prior to charge, which the states may choose to forego. In the de facto, an indictment may be dismissed because such grand jury sees only what the prosecutor shows them (tampering). On land and soil jurisdiction, a “court of record” is a settled matter before the jury even sees it: the “respondent” being given notice and opportunity to rebut testimony, offer evidence in their defense, and defuse each point of a testimony offered under penalty of perjury. Such court of record, is a judicial proceeding on paper with all evidence and testimony, including rebuttal, contained and ready for grand jury review. If certified by the grand jury, the agreement of at least 12, such expression is “law” as the will of the people. The de facto courts with one-sided evidence from claimant or prosecution, a “bill of indictment”, has not offered notice or opportunity to defend to the subject of indictment. [dp]
Bill of Indictment: “A formal written document accusing a person or persons named of having committed a felony or misdemeanor, lawfully laid before a grand jury for their action upon it. If the grand jury decide that a trial ought to be had, they indorse on it “a true bill”; if otherwise, “not a true bill” or “not found.” [Black’s Law, 2nd Ed.] (Such are the expectations and procedure for current court proceeding) For claims featuring a court of record, the evidence, opportunity to defend, and a “judgment” is completed as a “settled matter”; the evidence is set before the grand jury for review, deliberation, and certification as a “true bill” or “not a true bill”. [dp]
NOTE: on a Court of Record: properly served, publicly published, and filed (published file number) are the three cornerstones of the Administrative Judicial Process by which a matter is expressed, authorized as testimony under penalty of perjury (lawful weight), offered for rebuttal and counter testimony with evidence, and presented to the grand jury (a bill of indictment) for review, deliberation, and certification as “a true bill” or “not a true bill”. Once certified, a true bill should be recorded and publicly published on the record with a county recorder, likely with a file or case number (court clerk) for public review (on the record). Only then is the body of evidence and judicial procedure a “court of record”. [dp]
Charges: Once trespass, damage, or statutory violation are determined by a grand jury review of the evidence, charges of such violation (for “persons” as officers) and civil remedy for trespasses or damage, may be issued for formal prosecution and due course (discharge of true bill). With evidence in hand, a jury has the authority to determine both the facts and the law. [dp] From Black’s Law, 2nd edition: “the statement of the alleged offense that brings a person to court. Also the judges instruction to the jury.” For the BAR Guild and de facto courts, “no truth or fact shall be tried in court.”, a twisting of “no fact tried by a jury, shall be otherwise re-examined in any court…” [Amendment VII] so how much justice could there be in their “court”? [dp]
Indictment vs. Charges article at Black’s Law, 2nd Edition online
[bear in mind you are reading about the BAR Guild’s (de facto gov.) view of the process; some things apply as foundation, a few points are heresy and corruption]
EX: “during [the] investigation… a prosecutor must persuade members of the jury…” when the prosecutor shouldn’t even be there; in effect “tampering”. Lead by an elected foreman, the jury determines both the facts by the evidence and the law in the interest of the people. [dp]
Presentments: “…the result of a jury´s independent action: A presentment, properly speaking, is an accusation, made by a grand jury of its own mere motion, of an offence upon its own observation and knowledge, or upon evidence before it, and without any bill of indictment laid before it at the suit of the government. Upon a presentment, the proper officer of the court must frame an indictment, before the party accused can be put to answer it.” [from American Juror, citing Joseph Story] With a court of record on land and soil properly prepared, the respondent has already been afforded notice and opportunity to respond, very often does not, and opens themselves to “judgment” and a settled matter with no further opportunity to defend. From the de facto, the definition and therefore the power of a grand jury presentment, is well diluted: “A presentment Is an informal statement In writing, by the grand jury, representing to the court that a public offense has been committed which is triable in the county, and that there is reasonable ground for believing that a particular individual named or described therein has committed it.” [Black’s Law, 2nd Ed.]
Habeas Corpus: “…The writ of habeas corpus primarily acts as a writ of inquiry, issued to test the reasons or grounds for restraint and detention. The writ thus stands as a safeguard against imprisonment of those held in violation of the law, by ordering the responsible enforcement authorities to provide valid reasons for the detention. Thus, the writ is designed to obtain immediate relief from unlawful impeachment, by ordering immediate release unless with sufficient legal reasons and grounds.” [Cornell LII]
ARREST WITHOUT WARRANT: an arrest that is carried out by a peace officer or a private citizen where there is certainty or absolute certainty that a particular crime has been committed. See also habeas corpus writ or hearing.
Arraignment: “In criminal practice, calling the defendant [accused] to the bar of the court, to answer the accusation contained in the indictment.” [Black’s Law, 2nd Ed./edited] Rearraignment is used “when an accused person is brought back to court after amendments have been to the charges.” [Black’s Law, 2nd Ed.]
Sentencing: “A criminal sentence refers to the formal legal consequences associated with a conviction. Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, life-in-prison, or the death penalty in capital murder cases.” [Cornell LII]
The Common Federal Offenses:
Constitution for the united States of America
Select sections that fit the purpose of “holding our public servants accountable” are appropriate to list here. Considering the Constitution is their “contract” with the States, it could rate it’s own page, however, to make it easy to search by keyword, we’ll load it all up on one big page!
Emolument Violation: Article 1, §6 & §9
§6: (c2) No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
§9: (c8) No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
[commentary: Heritage Foundation]
The Bill of Rights
Constitutional Amendments 1 through 10 – [Law.Cornell.edu]
The “Bill of Rights” is the floor to your rights, the bare minimum among the states, wherein your state may establish more and greater respect for your rights as your state law.
US Bill of Rights – Amendment I:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
(masks prohibit free exercise of religion, abridges freedom of speech, distancing prohibits the right of the people to peaceably assemble).
US Bill of Rights – Amendment IV (property)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(Masks are a violation of the security of my living being)
US Bill of Rights – Amendment V (property)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
US Bill of Rights – Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
(to be informed of the nature and cause of accusations, “crimes” involve harm or damage, and personal knowledge)
US Bill of Rights – Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
(I, a man, require you produce a claimant, a man or woman, with personal knowledge who can file a claim and prove they are damaged or trespassed upon)
US Bill of Rights – Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
US Bill of Rights – Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
US Bill of Rights – Amendment XI
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
[The United States, Inc. is foreign to each of the several and real territorial states; its judicial power is limited, the authority of a sovereign man is not.]
US Bill of Rights – Amendment XIII
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted…”
1 USC §8: (a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
[carefully worded to separate the phrases “every member…” and “at any stage of development” to convolute the meaning. See (11) “The Presumption of Incompetence” among the BAR’s 12 Presumptions of Court. You are deemed an “infant”, a “minor”, an “incompetent”, and “lunatic” incapable of responsibility.]
4 USC §105-113, also known as “The Buck Act“, establishing “federal areas“
§105, §106, §107, §108, §109, §110, §111, §112, & §113. [~20:00 min./short citings]
4 USC §110: Definitions
(a) The term “person” shall have the meaning assigned to it in [“tax code”, whereas 26 USC §3797 doesn’t seem to exist].
[see 26 USC §7701(a)(1) for “person”; qualify with term “individual“, a corporate unit]
[also 15 USC §7: Person or persons (as corporate entities)]
(b) The term “sales or use tax” means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable.
(c) The term “income tax” means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.
(d) The term “State” includes any Territory or possession of the United States.
(e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.
[see “Story of the Buck Act” at privatesidesolutions.com]
5 USC §552(a)(1)(B) “…it’s functions…channeled” and (D) “as authorized by law”
[The federal government cannot lawfully authorize “agents” nor contractors rights for action, either prohibited for, or not specifically granted to, the federal government by constitution, for which no “authority” exists with the principal. – dp 44(c) BWclaim]
5 USC §556: Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision
(d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof.
5 USC § 3331: [the] Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
Note: Public Official Bond – article: Surety Bond Authority
5 USC §5332: Officer Affidavit; no consideration paid for appointment
An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.
(an affirmation in writing that no bribes were paid to secure the position or post – dp)
8 USC §1101: Definitions
(a)(21) The term “national” means a person owing permanent allegiance to a state.
(a)(22)The term “national of the United States” means
(A) a citizen of the United States, or
(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(careful with the terms “person” and “United States” [corp.] -dp)
(a)(23) The term “naturalization” means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
8 USC §1185 – Travel control of citizens and aliens
(c) Definitions
– The term “United States” as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States.
– The term “person” as used in this section shall be deemed to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.
8 USC, Chapter 12: Immigration and Nationality
8 USC §1324c – Penalties for document fraud
(f) “For purposes of this section, the term “falsely make” means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted.”
8 USC §1401: Nationals and citizens of United States at birth
8 USC §1408: Nationals but not citizens of the United States at birth
Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth: [more…]
8 USC §1452: Certificates of citizenship or U.S. non-citizen national status; procedure
(b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance. A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon—
(1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and
(2) in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization,
the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.
8 USC §1481: Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
(a) A person who is a national of the United States [U.S. Citizen] whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years;
(4)(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof…
(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or
(b) …the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily…
Title 10: Armed Forces
10 USC §894, Article 94: Mutiny or Sedition
(a)Any person subject to this chapter who—
(2)with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(could a case be made that a public servant’s failure to act on behalf of an American Sovereign and State National then is subverting or “disturbing” the authority of the people’s place in civil government?)
Example: The US Secretary of the Treasury who sits at the head of the Secret Service, Alcohol Tobacco, and Firearms, IRS, and other departments with armed agents and “a standard practice of weaponizing government” against its citizens might easily be characterized as a “Armed Forces” rendering them “subject to Article 10” (?)
10 USC §906: Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent or official (military)
(a) In General.—Any person subject to this chapter who, wrongfully and willfully, impersonates—
(1) an officer, a noncommissioned officer, or a petty officer;
(2) an agent of superior authority of one of the armed forces; or
(3) an official of a government; shall be punished as a court-martial may direct.
Title 12: Banks and Banking
12 USC Ch3: The Federal Reserve System
12 USC §83: Loans by bank on its own stock
(a) General prohibition; No national bank shall make any loan or discount on the security of the shares of its own capital stock.
(b) Exclusion; For purposes of this section, a national bank shall not be deemed to be making a loan or discount on the security of the shares of its own capital stock if it acquires the stock to prevent loss upon a debt previously contracted for in good faith.
12 USC §411: (Title 12, Ch 3, §XII, §411)
Federal Reserve Notes – Issuance to reserve banks; nature of obligation; redemption
“…for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized….shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.“
12 USC §412: Application for notes; collateral required;
Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 92, 342 to 348, 349 to 352, 361, 372, or 373 of this title, or bills of exchange endorsed by a member bank of any Federal Reserve district and purchased under the provisions of sections 348a and 353 to 359 of this title, or bankers’ acceptances purchased under the provisions of said sections 348a and 353 to 359 of this title, or gold certificates, or Special Drawing Right certificates, or any obligations which are direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency thereof, or assets that Federal Reserve banks may purchase or hold under sections 348a and 353 to 359 of this title or any other asset of a Federal Reserve bank. In no event shall such collateral security be less than the amount of Federal Reserve notes applied for. (more…)Title 15: Commerce and Trade (Federal)
15 USC §7: “Person” or “persons” defined
The word “person”, or “persons”, wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
(legal person vs. lawful person)
15 USC §15h: Applicability of parens patriae actions
Sections 15c, 15d, 15e, 15f, and 15g of this title shall apply in any State, unless such State provides by law for its nonapplicability in such State.
15 USC §17: Anti-Trust Laws not Applicable to Labor Unions
The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws.
15 USC §24: Liability of directors and agents of corporation
15 USC §330: Definitions
(3) The term “weather modification” means any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.
15 USC §1111: Notice of registration; display with mark…
15 USC §1114: Remedies; infringement; innocent infringement by printers and publishers
15 USC §1125: – False designations of origin, false descriptions, and dilution forbidden
(1) …false or misleading description of fact, or false or misleading representation of fact, which
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or… [more]
15 USC §1117: Recovery for violation of rights
15 USC Ch22(III) §1118 – the court may order that all… [items] bearing the registered mark … or representation that is the subject of the violation, …and other means of making the same, shall be delivered up and destroyed.
15 USC §1635: – Right of rescission as to certain transactions
“…in the case of any consumer credit transaction… including any such interest arising by operation of law… the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information…” [more]
15 USC §1692d: Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
15 USC §1692g: Validation of debts
(a) “…Within five days after the initial communication …a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing…” [see: (1) – (3)]
(4) “…if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector…”
(b) “…the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment…”
Title 17: Copyrights (Federal)
17 USC §501: Infringement of copyright
17 USC §504: Remedies for Infringement: Damages and Profits
Title 18: Crimes and Criminal Procedure (Federal)
Felony: Defined with “federal guidelines” [Cornell LII Wex]
While legislators and attorneys would have us believe that crimes are a class of serious “code violations”, they deal with trespass and damage to another man or his property. This is where the “scales of equity” must be rebalanced. Trespass and damage are to be made “right” in a redress of grievance and remedy for such trespass. (dp)
Federal felonies under USC Title 18 are classified by their “maximum penalty”
- Class A: life sentence or death
- Class B: 25 years or more
- Class C: 10 to 25 years
- Class D: 5 to 10 years
- Class E: 1 to 5 years
18 USC §3: Accessory After the Fact
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
(“We the People” are the United States, or no?)
18 USC §4: Misprision of a Felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
18 USC §8: Obligation or other security of the United States defined
“…includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.”
18 USC §9: Vessel of the United States Defined:
The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof. Also: 22 USC §1971
18 USC §11: Foreign government defined
“The term “foreign government”… includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. [see link for exceptions]
[find a USC or citing for “insurgent“]
Title 18, USC Chapter 113B: Terrorism (see Terrorism section below)
18 USC §31: Definitions
(a) Definitions.—In this chapter, the following definitions apply:
(1) Aircraft.—The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.
(6) Motor vehicle.— The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.
(9) State.—The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(10) Used for commercial purposes.—The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.
18 USC §113: Assaults within maritime and territorial jurisdiction
18 USC §219: Officers and employees acting as agents of foreign principals
(a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995…
18 USC §241: Conspiracy Against Rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States…
…they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
What is CONSPIRACY? – In criminal law, A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act [LawDictionary]
18 USC §242: Deprivation of Rights Under Color of Law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
What is COLOR OF LAW? – The appearance or semblance, without the substance, of legal right. McCain v. Des Moines, 174 U. S. 108, 19 Sup. Ct. (H4, 43 L. Ed. 936) [LawDictionary]
18 USC, Chapter 25: Counterfeiting and Forgery (specific citings needed)
Comment: Issac L (Alphonse Telegram channel)
“in every “Cause of Action” (FORGERY), there are certain elements that must be plead to prove the Cause. One of the main Causes of Action we use is FORGERY. There are 3 elements to FORGERY that you must prove, they are:
(1) the false making of some instrument in writing,
(2) the instrument must be apparently capable of effecting a fraud and working an injury to another, and
(3) there must be a fraudulent intent.”
18 USC §472: Uttering Counterfeit Obligations or Securities
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.
(could this be what a judge does with your traffic ticket to get “their cut”?)
18 USC §473: Dealing in Counterfeit Obligations or Securities
Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.
18 U.SC §475: – Imitating obligations or securities; advertisements
18 USC §505: Seals of courts; signatures of judges or court officers
“Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof…”
18 USC §513: Securities of the States and Private Entities
(a)Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both.
(b)Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
(Are not all fines levied by the court transcribed into “secured instruments” illegally?)
18 USC §514: Fictitious Obligations,
18 USC §872: Extortion by Officers or Employees of the United States
Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both; but if the amount so extorted or demanded does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
18 USC §876(d): Mailing threatening communications,
18 USC §878(c) Threats and extortion against…internationally protected persons.
ref: 18 USC §112: – Protection of… internationally protected persons
ref: 8 USC §1101(a)(21) “State National”
18 USC §912: Officer or employee of the United States
Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.
[As long as incorporated government service agencies occupy the seats where valid government belongs, nearly all government service providers are sub-corporate offices of the District of Columbia or “United States, Inc.” in some way and therefore a “pretend…. officer or employee acting under authority of the United States…” – dp]
18 USC §913: Impersonator making arrest or search
Whoever falsely represents himself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be fined under this title or imprisoned not more than three years, or both.
[Since most are “corporate security”, this applies more often than not. -dp]
18 USC §1001: Statements or Entries Generally.
18 USC §1038: False information and hoaxes.
(b) Civil “…conduct with intent to convey false or misleading information… is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.”
18 USC §1201: Kidnapping
(2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States;
(4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116(b) of this title; or
Title 18, Chapter 63: Mail Fraud and other Fraud Offenses
18 USC §1341: Frauds and Swindles (noted on FSIA Mandatory Notice)
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service (mail fraud), or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both.
Fraud in the inducement occurs when a person tricks another person into signing an agreement to one’s disadvantage by using fraudulent statements and representations. Because fraud negates the “meeting of the minds” required of a contract, the injured party can seek damages or terminate the contract. When fraud occurs after the agreement, the law usually requires the injured party to file only breach of contract claims, but the party may add fraudulent inducement claims because the two claims relate to two different actions by the defendant. A contract made by fraud is termed “voidable” rather than “void” and the injured party can choose to proceed with the contract even after learning about the defendant’s fraudulent inducement. [Cornell WEX]
Constructive Fraud: Under contract law, a defendant can be liable to a plaintiff for constructive fraud if there was: (1) a false misrepresentation; (2) in reference to a material fact; (3) for the purpose of inducing the other party to rely on such representation; 4) on which the other party did justifiably rely; (5) which resulted in damages or injury; and (6) a fiduciary relationship between the parties. Hagarty v. Ithaca City School District, 423 N.Y.S. 2d 843 (1979).
[Segmentation of the process of transforming traffic tickets and judicial fines into fraudulent securities by parties contributing to the process by “doing their job”, a form of constructive fraud which camouflages the separate acts, may include the police officer initiating a ticket, the District Attorney, your own attorney, and the judge who commits the securities infraction, all of whom are paid by the same corporate entity… sound like organized crime?] (dp – references needed)
Conversion: This term applies to taking another person’s property without any cause or permission. It is an unlawful action. (Black’s Law)
Constructive Conversion: an, implied or virtual conversion, which takes place, where a person does such acts in reference to the goods of another as amount in law to the appropriation of the property to himself. Scruggs ?. Scruggs (C. C.) 105 Fed. 2S: Laverty v. Sneth- en, 68 N. Y. 524, 23 Am. Rep. 184. (Black’s Law)
18 USC §1342: Postal fraud by fictitious name (noted on FSIA Mandatory Notice)
Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.
18 USC §1343: Fraud by wire, radio, or television
18 USC §1346: Scheme to artifice to defraud, by false or fraudulent pretenses…
18 USC §1349: Attempt and conspiracy
Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
18 USC §1503: defines “obstruction of justice” as an act that “corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.”
18 USC §1512: Tampering with a witness, victim, or an informant
(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent… [MORE]
(c)Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding… [MORE]
[§1512 is loaded with errors of “dishonoring testimony”, evidence, and tampering – dp]
18 USC §1514: Civil action to restrain harassment of a victim or witness
18 USC §1519: Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter…”
18 USC §1545: Safe conduct violation
Whoever violates any safe conduct or passport duly obtained and issued under authority of the United States shall be fined under this title, imprisoned not more than 10 years, or both.
Title 18, Chapter 77: Peonage, Slavery, and Trafficking in Persons
18 USC §1581 – §1597
18 USC §1584: Sale into involuntary servitude
(a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held…
18 USC §1589: Forced labor (performance? – dp)
(a) Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means—
(1) by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;
(2) by means of serious harm or threats of serious harm to that person or another person;
(3) by means of the abuse or threatened abuse of law or legal process; or
(4) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint,
18 USC §1593: Mandatory restitution (related to trafficking of persons)
(b)(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection.
(b)(4) The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section)
18 USC §1623: Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both.
18 USC §1651: Piracy under law of nations
Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.
18 USC §1653: Aliens as pirates
Whoever, being a citizen or subject of any foreign state, is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is a pirate, and shall be imprisoned for life.
[U.S. Courts run by the BAR Guild are operated as “Brittish vessels in dry-dock”, therefore, foreign agents on foreign territory taking action against “vessels of the United States” (all caps vessel)]
[see; “piracy” per WEX Cornell Legal Information Institute]
18 USC §1656: Conversion or surrender of vessel
Whoever, being a captain or other officer or mariner of a vessel upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, piratically or feloniously runs away with such vessel, or with any goods or merchandise thereof, to the value of $50 or over; [MORE]
…Shall be fined under this title or imprisoned not more than ten years, or both.
18 USC §1658: Plunder of Distressed Vessel (oh, the irony…)
(a) Whoever plunders, steals, or destroys any money, goods, merchandise, or other effects from or belonging to any vessel in distress… in any other place within the admiralty and maritime jurisdiction of the United States, shall be fined under this title or imprisoned not more than ten years, or both.
(Most courts in the US today are operated in the admiralty as British vessels in dry-dock with the intent to salvage value from those they determine to be “in distress” and in need of representation by a member of the BAR Association. – dp)
18 USC §1659: Attack to plunder vessel
Whoever, upon the high seas or other waters within the admiralty and maritime jurisdiction of the United States, by surprise or open force, maliciously attacks or sets upon any vessel belonging to another, with an intent unlawfully to plunder the same, or to despoil any owner thereof of any moneys, goods, or merchandise laden on board thereof, shall be fined under this title or imprisoned not more than ten years, or both.
18 USC §1661: Robbery Ashore –
whoever, being engaged in any piratical cruise or enterprise, or being of the crew of any piratical vessel, lands from such vessel and commits robbery on shore, is a pirate, and shall be imprisoned for life.
(a rather broad brush in our realm of consideration: traffic tickets and similar are submitted to the court, a British vessel in dry-dock, easily painted to illustrate §1658 – dp)
18 USC, Chapter 83: Postal Service –
A Law Enforcement Guide to Postal Crimes.pdf – USPS Postal Inspection Service
Title 18 § 1692. Foreign Mail as United States mail
Title 18 § 1693. Carriage of mail generally
18 USC, §1700: Desertion of Mails –
Whoever, having taken charge of any mail, voluntarily quits or deserts the same before he has delivered it into the post office at the termination of the route, or to some known mail carrier, messenger, agent, or other employee in the Postal Service authorized to receive the same, shall be fined under this title or imprisoned not more than one year, or both.
18 USC §1701: Obstruction of Mails Generally –
Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both.
18 USC §1703: Delay or Destruction of Mail or Newspapers –
(a) Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be fined under this title or imprisoned not more than five years, or both.
(b) Whoever, being a Postal Service officer or employee, improperly detains, delays, or destroys any newspaper, or permits any other person to detain, delay, or destroy the same, or opens, or permits any other person to open, any mail or package of newspapers not directed to the office where he is employed; or
Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be fined under this title or imprisoned not more than one year, or both.
(Stamping your documents and self-cancelling them makes you postmaster for that document. Entrusting as postmaster a person intended to carry and deliver those documents renders them a “carrier” of mail. If they fail to do so, are they not interfering with the mail under §1701 and §1703? Appeal to the postmaster of that postal district)
18 USC §1708: Theft or receipt of stolen mail matter generally
Title 18 § 1726. Postage Collected unlawfully
18 USC §1951: Interference with Commerce by Threats or Violence
(a)Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
(3)The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
18 USC §1961: Racketeering (Definitions)
18 U.S. Code CHAPTER 96—RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
18 USC §1962: Racketeering, Prohibited Activites
(a) “…collection of unlawful debt…”
18 USC §2071: Concealment, removal, or mutilation (records/documents)
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record… [MORE]
18 USC §2073: False entries and reports of moneys or securities,
18 USC §2076: Clerk of the United States District Court:
Whoever, being a clerk of a district court of the United States, willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both.
18 USC §2236: Searches without warrant
Whoever… searches… without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.
18 USC 2332: Criminal Penalties
(d)Limitation on Prosecution.—No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.
18 USC §2332b: Acts of terrorism transcending national boundaries
18 USC §2333: Civil Remedies (included on FSIA Mandatory Notice)
(a) Action and Jurisdiction.—Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.
(e) Use of Blocked Assets to Satisfy Judgments of U.S. Nationals.—For purposes of section 201 of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note), in any action in which a national of the United States has obtained a judgment against a terrorist party pursuant to this section, the term “blocked asset” shall include any asset of that terrorist party (including the blocked assets of any agency or instrumentality of that party) seized or frozen by the United States under section 805(b) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1904(b)).
18 USC §2381: Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
18 USC §2441: War Crimes –
(c) Definition – …war crimes means conduct:
(c)(1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party;
(c)(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;
(d)(1)(c) Performing biological experiments.—The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons.
(uh… yeah. – dp)
Laws and Customs of War on Land; Hague IV, (see pg 18-19 .pdf) (Harvard site)
Hague IV, Article 23
(c) “to kill or wound… having no longer means of defense”
(g) “to destroy or seize the enemy’s property, unless…demanded by necessities of war;”
Hague IV, Article 25 “the attack… by whatever means… dwellings, or buildings which are undefended is prohibited.” (your body, vessel, is your dwelling and your home is a building and it can be argued these are proceeding peacefully and are undefended – dp)
Hague IV, Article 28: “the pillage of a town or place, even when taken by assault, is prohibited” (stopping your vehicle without probable cause is “assault”, or no? – dp)
18 USC §2259: Mandatory restitution (related to exploitation of children)
(c)(2) Full amount of the victim’s losses… includes any costs incurred, or that are reasonably projected to be incurred in the future
see also: 18 USC §1593
18 USC §3571: Sentence of Fine
fine schedule for violations of US Code (also remedy)
18 USC §3611: Payment of a fine or restitution
18 USC §3613: Civil remedies for satisfaction of an unpaid fine
Title 18 Pennsylvania Code §5109: Barratry
A person is guilty of a misdemeanor of the third degree if he vexes others with unjust and vexatious suits.
Terrorism:
Title 18, USC Chapter 113B: Terrorism (specific citings needed)
Title 18, USC Chapter 113B, §2332b: Acts of Terrorism Transcending National Boundaries
(a)Prohibited Acts.—(1)Offenses.—Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)—(A)kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or(B)creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;
(I suggest you re-read the previous citing in light of the 2020-21 information war perpetrated with nefarious information from governmental and non-governmental actors involving “serious bodily injury” of “real or personal property” via “conspiring” or conspiracy.)
19 USC §1592: Penalties for fraud, gross negligence, and negligence
(for what seems to be sections involving U.S. Customs and Trade with import/export)
22 USC §254d: Dismissal on motion of action against individual entitled to immunity
Any action or proceeding brought against an individual who is entitled to immunity… under any other laws extending diplomatic privileges and immunities, shall be dismissed
22 USC §1971: “Vessel of the United States” defined
“…the term “vessel of the United States” shall mean any private vessel documented or certificated under the laws of the United States” See also 18 USC §9.
22 USC §7102: Definitions (Title 22, chapter 78: Trafficking victims)
§7102(3) Coercion:
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
§7102(8) Involuntary servitude: includes a condition of servitude induced by means of—
(A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
25 USC §1902: Congressional Declaration of Policy:
“The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs.”
[a little government overreach, a little slavery anyone?]
Title 28: Judiciary and Judicial Procedure
The Foreign Sovereign Immunities Act of 1976, on which we hang our hat, is codified here in Article 28 at §1330, §1332, §1391(f), §1441(d), and §1602–§1611 of the United States Code. Long title: (?) “An Act to define the jurisdiction of United States courts in suits against foreign states, the circumstances in which foreign states are immune from suit and in which execution may not be levied on their property, and for other purposes.”
28 USC §132 Creation and composition of district courts [Part 1, Chapter 5]
(a) “…shall be a court of record…”
(c) “…the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone…”
[which doesn’t strike me as the Article III court and jury of peers which we are owed (criminal); in civil matters, such may differ; see: Amendments V and VI.]
28 USC §453: Oaths of justices and judges:
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
Note: Public Official Bond – article: Surety Bond Authority (recap from Oath of Office)
28 USC §607: Practice of Law Prohibited
An officer or employee of the Administrative Office shall not engage directly or indirectly in the practice of law in any court of the United States.
Foreign Sovereign Immunities Act, Public Law 94-583 (.pdf), as amended and codified at 28 U.S.C. sections 1330, 1332, 1391(f), 1441(d), and 1602– 1603 – 1604 – 1605 – 1606 – 1607 – 1608 – 1609 – 1610 – 1611 [as described HERE under section (b)]
Title 28, USC §1330: Actions Against Foreign States –
see “entitled to immunity” sections 1605-1607
see “service made” under section 1608
Title 28, USC §1332: Diversity of Citizenship; Amount in Controversy; costs
Title 28, USC §1391: Venue Generally –
(f) Civil Actions Against a Foreign State.—A civil action against a foreign state as defined in section 1603(a) of this title may be brought—
(1) in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated;
(2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under section 1605(b) of this title;
(3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in section 1603(b) of this title; or
(4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof.
Title 28, USC §1441: Removal of Civil Actions
(d) Actions Against Foreign States – Any civil action brought in a State court against a foreign state as defined in section 1603(a) of this title may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending. Upon removal the action shall be tried by the court without jury.
28 USC §1602: Findings and Declaration of Purpose – The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.
Title 28, USC §1603: Definitions –
(b) An “agency or instrumentality of a foreign state” means any entity—
(1) which is a separate legal person, corporate or otherwise, and
(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and
(3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (e) of this title, nor created under the laws of any third country.
Title 28, USC §1604: Immunity of a Foreign State from Jurisdiction –
Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter.
28 USC §1605: General Exceptions to Jurisdictional Immunity… –
28 USC §3002: Definitions
(14)“State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.
(15)“United States” means—
(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States.
- Is the U.S. operating under a continual state of emergency, “at war”?
- Did the 1933 Trading With the Enemy Act declare US Citizens “enemies within the US”?
- Is the corporate entity seated as “government” a foreign power?
- Was a trespass committed by a uniformed, armed, agent of said foreign agency as a corporate employee?
- Was the trespass committed upon an unarmed, civilian, non-combatant?
- Are such trespasses then considered “war crimes”?
…Americans as the Enemy…
scannedretina.com
Trading With the Enemy Act, 1933
Emergency USA on Blogspot
Trading With the Enemy Act, 1933
T3 Comments
The amended version of Section 5(b):
“During time of war or during any other period of national emergency declared by the President… may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations… any person within the United States or anyplace subject to the jurisdiction thereof”.
Title 28, USC §1606: Extent of Liability – As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances… (continues)
Title 28, USC §1607: Counterclaims –
In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—
Title 28, USC §1608: Service; Time to Answer; Default –
(a) Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state: (see subsections 1-4)
(c) Service shall be deemed to have been made—
(2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed.
(d) In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days after service has been made under this section.
(e) No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section.
Title 28, USC §1609: Immunity from Attachment and Execution of Property of a Foreign State
Title 28, USC §1610: Exceptions from… (§1609)
Title 28, USC §1611: Certain Types of Property Immune from Execution
28 USC §1927: Counsel’s liability for excessive costs
Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.
International Terrorism, recovery of damages (citings needed)
28 USC Chapter 171 Tort Claim Procedure
28 USC §453: Oaths of justices and judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, _ , do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as under the Constitution and laws of the United States. So help me God.”
28 USC §2679: Exclusiveness of Remedy
28 USC §4101: Definitions
(1) Defamation – The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person.
(2) Domestic court:
(5) State:
(6) “United States person” means:
(A) a United States citizen;
(B) an alien lawfully admitted for permanent residence to the United States;
(C) an alien lawfully residing in the United States at the time that the speech that is the subject of the foreign defamation action was researched, prepared, or disseminated; or
(D) a business entity incorporated in, or with its primary location or place of operation in, the United States.
NOTE: person, personification, personage; an “entity”; persons are offices, titles, roles or posts with an assigned scope of authority for which the “man” in such office is liable – dp
Other Citings of Interest:
22 USC §254d: Dismissal on motion of action against individual entitled to immunity
Any action or proceeding brought against an individual who is entitled to immunity with respect to such action or proceeding under the Vienna Convention on Diplomatic Relations, under section 254b or 254c of this title, or under any other laws extending diplomatic privileges and immunities, shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure.
22 USC §612: Registration Statement
(a)Filing; contentsNo person shall act as an agent of a foreign principal unless he has filed with the Attorney General a true and complete registration statement and supplements thereto as required …every person who becomes an agent of a foreign principal shall, within ten days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General.
BAR Association Members, or British Accreditation Registry (BAR) associates such as attorneys and judges, are accredited by the BAR Assoc., NOT the state.
22 USC §7102: Definitions (trafficking)
(1) Abuse or threatened abuse of law or legal process
Title 26, the “tax code”
The Internal Revenue Manuals – reference which can support reasoning for your status and standing from their own “book of rules”. (online: https://www.irs.gov/irm)
26 USC §864: Definitions and special rules
(c)(4) – Income from sources without United States
26 USC §5845 Definitions; (firearms) also:
27 CFR 479.11 defined (see below)
28 USC §636: Jurisdiction, powers, and temporary assignment
(b)(1)(A)
Title 26 related “Internal Revenue Manual” citings:
AUSPC – Austin Submission Processing Center
OSPC – Ogden Submission Processing Campus
OCPC – Cincinnati Submission Processing Campus
3.8.45.5.10.1 (11-04-2011) Bill of Exchange
If a Bill of Exchange or Registered Bill of Exchange is received from a taxpayer authorizing the campus to settle their account through Fedwire, send everything received to the following address:
- Department of the Treasury Office of Executive Secretary
1500 Pennsylvania Avenue, NW
Room 3413
Washington, DC 20220
Complete Form 9814, Request for Mail/Shipping Service, and check “Next Day Air” and “Remittances and Payments” boxes. Forward to your Shipping area.
3.8.45.5.11 (02-21-2017) Questionable Payments
21.1.7.9.13 (02-09-2016) Remittance Not Payable to United States Treasury
Title 28, The Judicial Branch
28 USC 1331: Federal question
“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”
28 USC 1332: Diversity of citizenship; amount in controversy; costs
31 USC §321: General authority of the Secretary (Treasury)
(d)(1) “…Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed on order of the Secretary of the Treasury…”
(2) For purposes of the Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for the use of the United States
Title 31, Treasury Department
31 USC §3124: Exemption from taxation
31 USC §3729: False claims
31 USC §3730: Civil actions for false claims
(b) Actions by Private Persons (1-5)
(c) Rights of the Parties to Qui Tam Actions (1-5)
31 USC §3802: False claims and statements; liability
(closely related to mail fraud; cited in 39 CFR § 273.1 – Purpose.)
31 USC §5118: Gold clauses and consent to sue
(a) In this section—(1)“gold clause” means a provision in or related to an obligation alleging to give the obligee a right to require payment in—(A)gold; (B)a particular United States coin or currency; or (C)United States money measured in gold or a particular United States coin or currency.
(b) The United States Government may not pay out any gold coin…
(c)(1) The Government withdraws its consent given to anyone to assert against the Government, its agencies, or its officers, employees, or agents, a claim— [MORE]
31 USC §9302: Prohibition against surety bonds for United States Government personnel
An agency (except a mixed-ownership Government corporation) may not require or obtain a surety bond for a member of the uniformed services or an officer or employee of the United States Government in carrying out official duties. This section does not affect the personal financial liability of the member, officer, or employee.
(Meaning: these are fair game in their private capacity if vacating the office – dp)
Title 34, Sub II, Chapter 201, Sub III, §20144 – “Justice for United States Victims of State Sponsored Terrorism Act”
39 USC §3003: Mail bearing a fictitious name or address
Under 39 USC 3003, mail can be withheld if a Postal Inspector obtains
evidence the mail is addressed to a person using a fictitious name or
address to conduct by mail any activity which violates the Mailing Lottery
Tickets and Related Items Statute or the Mail Fraud Statute.
39 USC §3005 False representations; lottery (mail fraud)
(a) Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations…. the Postal Service may issue an order … (more)
Title 42, Chapter 21: Civil Rights
42 USC §408: (a) Whoever – (8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States;
Negligence & Gross Negligence
42 USC §1791: Bill Emerson Good Samaritan Food Donation Act
(definition of “gross negligence” defined, cited by Cornell Univ. LII/Wex)
(b)(8) “The term “gross negligence” means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.“
Negligence: (LII/Wex) “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).” [MORE]
Gross Negligence: (LII/Wex) Gross negligence is a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people’s rights to safety… Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.
42 USC § 1983: Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress…
42 USC §1985: – Conspiracy to interfere with civil rights
(1) Preventing officer from performing duties
(2) Obstructing justice; intimidating party, witness, or juror
(3) Depriving persons of rights or privileges
42 USC §1986: Action for neglect to prevent
Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case… (more)
42 USC §1988: Proceedings in vindication of civil rights
(a) Applicability of statutory and common law
“…for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States… the infliction of punishment on the party found guilty.” [truncated]
42 USC §3617: Interference, coercion, or intimidation
“It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 of this title.”
Title 46 deals extensively with vessels, salvaging, and transferring of property from “stranded or distressed” vessels. Reading many of the passages in the light of a court being the captain rendering “aide”, puts much of the text in a very pale light. I’m curious if it truly deals with maritime law, or whether it’s written in code for the court. (dp)
46 USC §2304: Duty to provide assistance at sea
(When involved in commerce under your tradename with corporate organizations, you are in such jurisdiction, no? Therefore, aid not provided upon request is a violation and a crime (?)
(I didn’t write the convoluted, twisted rules… they just ask that I play by them. -dp)
46 USC Chapter 311 – SUITS INVOLVING PUBLIC VESSELS
§31101: short title “Public Vessels Act”
46 USC §31102 – Waiver of immunity
46 USC §31109: Payment of judgment or settlement
46 USC §31111: Claims by nationals of foreign countries
49 USC §31101: Definitions
(1) “commercial motor vehicle” means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed to transport more than 10 passengers including the driver; or
(C) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means a driver of a commercial motor vehicle…
(4) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
Federal Rules of Evidence: [link]
Rule 602: Need for Personal Knowledge
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.
Rule 702: Testimony by Expert Witness
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
Rule 703: Bases of an Expert
An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted.
Rule 802: The Rule Against Hearsay
Hearsay is not admissible unless any of the following provides otherwise:
– a federal statute;
– these rules; or
– other rules prescribed by the Supreme Court.
Federal Rules of Civil Procedure
USCourts.gov (FRCP), Federal Rules of Civil Procedure.pdf
Federal Rules of Civil Procedure, Cornell LII
Rule 4: Summons
(l) Proving Service.
(1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server’s affidavit.
(2) Service Outside the United States. Service not within any judicial district of the United States must be proved as follows:
(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or
(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee.
(3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended.
(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period…
Rule 4.1: Serving Other Process
(a) In General. Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that purpose.
Rule 5: Serving and Filing Pleadings and Other Papers
(b) Service: How Made.
(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.
(2) Service in General. A paper is served under this rule by:
(A) handing it to the person;
(B) leaving it:
(i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(C) mailing it to the person’s last known address—in which event service is complete upon mailing;
(D) leaving it with the court clerk if the person has no known address;
(E) sending it to a registered user by filing it with the court’s electronic-filing system or sending it by other electronic means that the person consented to in writing—in either of which events service is complete upon filing or sending, but is not effective if the filer or sender learns that it did not reach the person to be served; or
(F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.
Rule 26: Duty to Disclose; General Provisions Governing Discovery
(a)(1)(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:
(a)(1)(A)(iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.
Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 56: Summary Judgment
(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
[supporting article: “…Summary Judgment“, freeadvice.com]
see also: 13 CFR §134.212 – Summary judgment.
Rule 57: Declaratory Judgment
…is appropriate when it will “terminate the controversy” giving rise to the proceeding. Inasmuch as it often involves only an issue of law on undisputed or relatively undisputed facts, it operates frequently as a summary proceeding, justifying docketing the case for early hearing as on a motion…
Rule 81 Applicability of the Rules in General; Removed Actions
(a)(4) Special Writs. These rules apply to proceedings for habeas corpus and for quo warranto to the extent that the practice in those proceedings:
(A) is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and
(B) has previously conformed to the practice in civil actions
Electronic Code of Federal Regulations (CFR) [link]
6 CFR 37.3: “…Full legal name means an individual’s first name, middle name(s), and last name or surname, without use of initials or nicknames.”
8 CFR §101.3 – Creation of record of lawful permanent resident status for person born under diplomatic status in the United States.
Person born to foreign diplomat –
(1) Status of person. A person born in the United States to a foreign diplomatic officer accredited to the United States, as a matter of international law, is not subject to the jurisdiction of the United States. That person is not a United States citizen under the Fourteenth Amendment to the Constitution. Such a person may be considered a lawful permanent resident at birth.
12 CFR §1026.23: Right of rescission – “each consumer… shall have the right to rescind the transaction… Delivery of the required notice shall begin the rescission period.” [MORE]
13 CFR §134.212 – Summary judgment
See also: FRCP Rule 56
20 CFR §422.104: Who can be assigned a social security number
– United States citizen
– alien, permanent resident (§422.105)
20 CFR § 422.107 – Evidence requirements (for social security number)
evidence “includes: age, U.S. citizenship, alien status, and true identity”
25 CFR §11.404: False Imprisonment: A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty.
25 CFR §11.411: Criminal Trespass
…if, knowing that he or she is not licensed or privileged to do so, he or she enters or surreptitiously remains in any building or occupied structure… [more]
25 CFR §11.416 – Forgery
…a misdemeanor, if, with purpose to defraud or injure anyone… (1) Alters, makes, completes, authenticates, issues or transfers any writing of another without his or her authority; or (2) Utters any writing which he or she knows to be forged…
25 CFR § 11.440 – Tampering with or fabricating physical evidence.
26 CFR § 1.1-1 – Income tax on individuals.
“…imposes an income tax on the income of every individual who is a citizen or resident of the United States and, to the extent provided by section 871(b) or 877(b), on the income of a nonresident alien individual.
26 CFR § 1.409A-1 – Definitions and covered plans.
(j) non-resident aliens – per 26 USC §7701(b)(1)(B)
26 CFR §877(e)(2) Long-term resident
26 USC §7701 (tax exempt qualifications under the IRS tax code Title 26)
(a)(31)(A): Foreign estate
The term “foreign estate” means an estate the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A.
(a)(31)(B): Foreign trust
The term “foreign trust” means any trust other than a trust described in subparagraph (E) of paragraph (30).
(b)(1)(B): Nonresident alien –
An individual is a nonresident alien if such individual is neither a citizen of the United States nor a resident of the United States
Firearms: 26 USC §5845 Definitions; also:
27 CFR §53.11 – Meaning of terms (BATF application)
Firearms. Any portable weapons, such as rifles, carbines, machine guns, shotguns, or fowling pieces, from which a shot, bullet, or other projectile may be discharged by an explosive.
27 CFR 479.11 defined (a) “A shotgun having a barrel or barrels of less than 18 inches in length; (b) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (c) a rifle having a barrel or barrels of less than 16 inches in length; (d) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (e) any other weapon, as defined in this subpart; (f) a machine gun; (g) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and (h) a destructive device“
29 CFR § 18.602 – Lack of personal knowledge: A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness’ own testimony. This rule is subject to the provisions of § 18.703, relating to opinion testimony by expert witnesses.
38 CFR §14.636 (includes a definition for) “disinterested third party”
“…third party is considered disinterested only if the entity or individual does not stand to benefit financially from… the claim.” (as defined in 38 CFR § 14.636)
Mail Fraud:
39 CFR § 230.1 – Establishment and authority.
(d) The Office of Inspector General is responsible for detecting and preventing fraud, waste, and abuse in the programs and operations of the Postal Service, including, investigating all allegations of violations of postal laws or misconduct by postal employees, including mail theft, and for reviewing existing and proposed legislation and regulations relating to the programs and operations of the Postal Service.
39 CFR Part 273 – ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT
39 CFR § 273.1 – Purpose. This part establishes procedures for imposing civil penalties and assessments under the Program Fraud Civil Remedies Act of 1986 (codified at 31 U.S.C. 3801–3812) against any person who makes, submits, or presents, or causes to be made, submitted, or presented, a false fictitious, or fraudulent claim or written statement to the Postal Service.
39 CFR §273.3 – Liability for false claims and statements.
(a) Claims.
(1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know –
(i) Is false, fictitious, or fraudulent; or
(ii) Includes or is supported by any written statement asserting a material fact which is false, fictitious, or fraudulent; or
(iii) Includes or is supported by any written statement that –
(A) Omits a material fact;
(B) Is false, fictitious, or fraudulent as a result of such omission; and
(C) Is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or
(iv) Is for payment for the provision of property or services which the person has not provided as claimed
39 CFR §273.4: Non-exclusivity of penalty authority.
(a) A determination by the Reviewing Official that there is adequate evidence to believe that a person is liable under 31 U.S.C 3802, or a final determination that a person is liable under such statute, may provide the Postal Service with grounds for commencing any administrative or contractual action against such person which is authorized by law and which is in addition to any action against such person under chapter 38 of title 31, United States Code.
39 CFR §273.8: Issuance of complaint.
(a) If the Attorney General or his designee approves the referral of allegations of liability to the Judicial Officer, the Reviewing Official shall serve on the Respondent, pursuant to paragraph (b) of this section, a Complaint, which: (more: see steps 1-7)
(b) Service of a Complaint issued under paragraph (a) of this section must be effected by registered or certified mail, return-receipt requested, or by personal delivery. In the case of personal service, the person making service shall, if possible, secure from the person sought to be served, or his or her agent, a written acknowledgment of receipt, showing the date and time of such receipt. If the person upon whom service is made declines to acknowledge receipt, the person effecting service shall execute a statement, indicating the time, place and manner of service, which shall constitute evidence of service.
39 CFR §273.8(b) above details steps for documenting “service” of documents through the mail to establish proof of receipt or “Certified Proof of Service“. “Judicial proceedings (like law suits), however, should begin with a process server, not the USPS.” (AF)
42 CFR §1001.1101: Failure to disclose certain information.
also:
45 CFR §1638.2: (b) Unsolicited advice means advice to obtain counsel or take legal action given by a recipient or its employee to an individual who did not seek the advice and with whom the recipient does not have an attorney-client relationship.
45 CFR §1638.3: (b) Recipients and their employees are also prohibited from referring to other recipients individuals to whom they have given in-person unsolicited advice.
47 CFR § 11.45 – Prohibition of false or deceptive EAS transmissions
(a) No person may transmit or cause to transmit the EAS codes or Attention Signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test of the EAS; or as specified in §§ 10.520(d), 11.46, and 11.61 of this chapter.
(like pulling behind you with red/blue flashing lights in a corporate war wagon)
CFR Title 17: Commodity and Securities Exchanges
(research needed)
Title 50, War and National Defense
“I’m not a seaman on an “American vessel…” Are you sure about that?
50 USC §4701: Rights of American seamen on privately owned and operated American vessels…
50 USC §4703: Payment of compensation; insurance
(c)In the event that a vessel the title or use and possession of which is… taken pursuant to chapter 563 of title 46 or the Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress), is in the custody of any court, State or Federal, it shall be the duty of all agents and officers of the court having possession, custody, or control of said vessel, forthwith upon the filing with the clerk of said court of a certified copy of the order of requisitioning or taking, and without further order of the court, to comply with said requisitioning or taking and to permit the representatives of the United States Maritime Commission or the War Shipping Administration,[1] as the case may be, to take possession, custody, and control of said vessel.
50 USC §4704: …entitled to all benefits of exemption and limitation of liability accorded to owners of vessels
The United States shall, with respect to vessels owned by or chartered to the War Shipping Administrator [1] under bareboat charter or time charter or operated directly by such Administrator or for his account, be entitled to the benefits of all exemptions and of all limitations of liability accorded by law to the owners of vessels. With respect to any such vessel, the term “the United States” shall include agents or other persons acting for or on behalf of the Administrator in connection with the operation thereof.
Uniform Commercial Code (UCC):
UCC §1-201: General Definitions
(27) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. [each one a fictitious entity – dp]
§1-201: General Definitions
§1-307: Prima Facie Evidence by Third-Party Documents
A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
§1-308: Performance or Acceptance Under Reservation of Rights
[previously listed as §1-207, changed 2004)
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient. [more…]
UCC §3-114: CONTRADICTORY TERMS OF INSTRUMENT.
“If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.”
UCC §3-119: Notice of Right to Defend Action
§3-301: PERSON ENTITLED TO ENFORCE INSTRUMENT.
“Person entitled to enforce” an instrument means
(i) the holder of the instrument,
(ii) a non-holder in possession of the instrument who has the rights of a holder, or
(iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
[May come into play when pursuing remedy for trespasses and civil fines. -dp]
UCC §3-311: ACCORD AND SATISFACTION BY USE OF INSTRUMENT
(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
(b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
UCC §3-502: Dishonor
(a) Dishonor of a note is governed by the following rules:
(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.
(2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.
(3) If the note is not payable on demand and paragraph (2) does not apply, the note is dishonored if it is not paid on the day it becomes payable.
“Dishonor”
is the refusal to honor and pay an instrument (e.g. a check) that is presented for payment or settlement. A bank or other financial institution can choose to dishonor an instrument if the institution has a valid reason to do so such as fraud, forgery, or insolvency of the person who originally gave the instrument to the drawer. When the institution chooses to do this however, it must give a timely notice of dishonor to the drawer or whoever has presented the instrument.
If the institution, specifically a bank, cannot provide a valid reason for why it has dishonored the instrument, it has wrongfully dishonored. Under the Uniform Commercial Code, the bank is liable to its customer for damages caused by the wrongful dishonor under §4-402.
§3-503: Notice of Dishonor
(a) The obligation of an indorser stated in Section 3-415(a) and the obligation of a drawer stated in Section 3-414(d) may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under Section 3-504(b).
(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c) Subject to Section 3-504(c), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.
UCC §3-504: EXCUSED PRESENTMENT AND NOTICE OF DISHONOR.
§3-505: Evidence of Dishonor:
(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1) a document regular in form as provided in subsection (b) which purports to be a protest;
(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
UCC §3-602: PAYMENT
(b) “…a transferee shall seasonably furnish reasonable proof that the note has been transferred…”
UCC §3-603: TENDER OF PAYMENT
(b) “If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender…” (“If tender… to pay… is made…”, the action, not the transfer of any value. – dp)
UCC §9-102: DEFINITIONS AND INDEX OF DEFINITIONS.
§9-307: (h) [Location of United States.] The United States is located in the District of Columbia.
Geneva Conventions (1949) (pdf)
Common Art. 3: In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ‘ hors de combat ‘ by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(is therefore addressing a living soul and child of God as a “taxpayer”, “defendant”, “subject” or any other degrading title for which they hold no contract or or pursued no due process a war- crime perpetrated on a peaceful, non-combatant civilian? -dp)
Part II, Article 13:
Article 32: The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.
Article 147: Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Part VI, Article 130:
Summons: an interesting perspective
A summons written in incorrect “verb/adverb” grammar which constitutes “no contract” according to :David-Wynn :Miller stacks up multiple infractions in the issue:
Quo Warranto complaint in correct syntax language:
18 USC §1001: Statements or Entries Generally
18 USC §242: Deprivation of Rights Under Color of Law
15 USC §1692(e): Congressional findings and declaration of purpose
42 USC §1988: Proceedings in Vindication of Civil Rights
42 USC §1946: Research and Investigations Generally
18 USC §241: Conspiracy Against Rights
Mortgage: Deed of Trust…
US Title 52, Civil Rights Act of 1964:
Unlawful to Discriminate in place of Public Accommodations
Title II Provisions: “Full and Equal Enjoyment”
In a “Place of Public Accommodation”
Section 201 of Title II provides that “[a]ll persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.” [42 USC 2000] [wfu.edu, ]
Covered Establishments That “Affect Commerce”
Section 201(a) identifies “four classes of business establishments” subject to Title II’s public accommodations provision, if their “operations affect commerce, or if discrimination or segregation by [them] is supported by State action.” Thus, an establishment must constitute a covered business and affect commerce, to be subject to this provision’s requirements. Relatedly, Section 201(c) establishes the legal standard “for determining whether the operations” of an establishment affects commerce under Title II. Section 201 also provides that an enumerated establishment will constitute a place of public accommodation under Title II if the “discrimination or segregation by it is supported by State action.”
[Congressional Research Service, 200921 .pdf]
ADA – Americans with Disabilities Act 1990
Title III – Public Accommodations and Services Operated by Private Entities
[U.S. Equal Employment Opportunity Commission site] (Ctrl+F to search)
28 CFR § 36.102 – Application.
28 CFR § 36.104 – Definitions.
28 CFR Appendix C to Part 36 – (use CTRL-F search for keywords, applicable sections)
42 USC §12101: Findings and Purpose
(a) Findings: The Congress finds that…
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society…
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(b) Purpose:
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination…
(4) …to address the major areas of discrimination faced day-to-day by people with disabilities.
42 USC §12102: Definition of disability
(1)(A) a physical or mental impairment that substantially limits one or more major life activities…
42 USC §12103: Additional definitions
(1)(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;
(D) other similar services and actions.
42 USC §12132: Discrimination
subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
28 CFR § 36.303: Auxiliary aids and services.
(a) General. A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals…
(c) Effective communication (1) A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. This includes an obligation to provide effective communication to companions who are individuals with disabilities.
SEC. 301. DEFINITIONS. (42 USC 12181)
As used in this title:
(1) CoMMERCE.-The term “commerce” means travel, trade, traffic, commerce, transportation, or communication-
(A) among the several States;
(B) between any foreign country or any territory or possession and any State; or
(C) between points in the same State but through another State or foreign country.
(2) COMMERCIAL FACILITIES.-The term “commercial facilities” means facilities-
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
(7) PUBLIC ACCOMMODATION.-The following private entities are considered public accommodations for purposes of this title, if the operations of such entities affect commerce-
(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or drink;
(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place of public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public transportation;
(H) a museum, library, gallery, or other place of public display or collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
302: Prohibition of discrimination by public accommodations
(a) GENERAL RULE- No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
(2) SPECIFIC PROHIBITIONS-
(A) DISCRIMINATION- For purposes of subsection (a), discrimination includes–
(i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;
(iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;
HIPAA
Health Insurance Portability and Accountability Act of 1996 (169-page .pdf)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.
(source: CDC, HHS)
Law of Peace
Department of the Army Pamphlet 27-161-1 (LOC .pdf)
Dated: September 1979
(points of interest)
5-17. The 1963 Vienna Convention on Consular Relations.
a. Personal functions and immunities. Article 5 of the agreement contains a list of consular functions. These cover a wide spectrum and include, among others, protecting in the receiving state the interests of the sending state and its nationals… issuing passports, visas, and travel documents; helping and assisting nationals of the sending state… and extending assistance to such vessels and aircraft and their crews, including conducting investigations and settling disputes.
6-1. Introduction.
a. A basic feature of today’s system of nation states is the relative helplessness of the individual. At birth he finds himself a member of some political institution (typically a “state” in the international system) which, more or less, protects him from the violence of other individuals and groups of individuals. In the domestic legal system of that state, its police and courts may offer protection from harm inflicted within the state; while its army may protect him from harm caused by aggression from outside the state. If the individual steps out- side “his” state and is injured by someone in another state, he is largely on his own. He must look for redress, if any, in the courts of that other state. Doctrines of sovereign immunity may bar him from redress for injuries caused by that state. However, as a last resort, the individual must appeal to his own state’s government to help him. If it chooses, it may come to his aid by espousing a claim against the wrongdoing state through diplomatic channels (or possibly through arbitration or through judicial means such as the International Court of Justice).
8-23. “Self-Executing” Agreements.
a. General. Whether a given treaty is “self-executing” or requires special implementing legislation in order to give force and effect to its provisions, through the aid of the courts, presents primarily a domestic question of construction for the courts. It is difficult, however, to extract any clear principle for judicial guidance from the cases discussing this subject. A careful study of the decisions dealing with this problem indicates certain recurring factors which have been considered by the courts to be controlling.
10-2. The United States Mutual Defense System.
a. The Inter-American Treaty of Reciprocal Assistance (The Rio Pact). By this treaty, signed by Rio de Janeiro in September 1947, the signatory nations agreed that an “armed attack by any state against an American state shall be considered as an attack against all American states”
b. The North Atlantic Treaty Organization (NATO Treaty)
c. Security Treaty with Australia and New Zealand (ANZUS Pact)
d. Southeast Asia Treaty Organization (SEATO)
e. The Baghdad Pact has been known since 1959 as the Central Treaty Organization (CENTO). The United States has maintained an observer status in regard to CENTO.
CHAPTER 11 – THE CIVIL LAW SYSTEM
(interesting details for insomniacs -dp)
11-9. Conclusion.
It has been said that among . . . all the legal systems of the world, we thus distinguish between the two great families of the common law and the civil law, and within the latter the two groups of the French and German patterns. An American comparatist will thus have to acquaint himself with the legal system of France or Germany or both. He will then hold the key to any other legal system to which he may feel attracted.
Relevant Court Citings:
Marbury v. Madison –
any law that is contrary to the Constitution is void.
Hale v. Henkel, 201 U.S. 43 (1906), [synopsis quote] “one of the most often quoted cases decided by the Supreme Court, the justices describe the fundamental difference between man acting in his private character and capacity (as himself) and a “person” in a public character and capacity acting as a corporate officer when the court stated:”
“… we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.”
“Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.”
Penhallow v. Doane’s Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54) [AVR citing]
Supreme Court of the United States 1795 “Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.”US v Minker, 350 US 179 at 187(1956)Montgomery v state 55 Fla. 97-45S0.879 a.
cited in:
United States v. Mooney, Case No. 16-cv-2547 (SRN/LIB)
United States v. Gutierrez, No. CR 15-3955 JB
Supreme Court, in Cooper v. Aaron, 358 U.S. 1, 18-20 (1958), stated:
“No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.
Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992), the Supreme Court created a three-part test to determine whether a party has standing to sue:
1) The plaintiff must have suffered an “injury in fact,” meaning that the injury is of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent
2) There must be a causal connection between the injury and the conduct brought before the court
3) It must be likely, rather than speculative, that a favorable decision by the court will redress the injury
NOTE: “U.S. Citizens “sue” or plead for permission to be heard. State Nationals “claim”, base such claim on Maxims of LAW (settled matters), back their claim of trespass with evidence, process a “Court of Record”, and serve a “True Bill”; in association can also issue warrants backed by their “Court of Record” as “evidence” to the Sheriff to proceed with arrests.
Downes v. Bidwell, 1901; (386) Supreme Court Justice John Harlan
“The idea prevails with some, indeed it has expression in arguments at the bar, that we
have in this country substantially two national governments; one to be maintained
under the Constitution, with all its restrictions; the other to be maintained by Congress
outside and independently of that instrument, by exercising such powers as other
nations of the earth are accustomed to… I take leave to say that, if the principles thus
announced should ever receive the sanction of a majority of this court, a radical and
mischievous change in our system will result. We will, in that event, pass from the era
of constitutional liberty guarded and protected by a written constitution into an era of
legislative absolutism… It will be an evil day for American Liberty if the theory of a
government outside the Supreme Law of the Land finds lodgment in our Constitutional
Jurisprudence. No higher duty rests upon this court than to exert its full authority to
prevent all violation of the principles of the Constitution.”
Cite or Reference Your State
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Drop us a note at wtpuninc@gmail.com or use the form on our CONTACT page and we’ll add a post where you can post the citings that you find for your state. Do let us know if you’d like to be the editor for your state page. If you’d like to help, but don’t know where to start, ask; I’ll walk you through it…
Alabama AL Ala.
Alaska AK Alaska
Arizona AZ Ariz.
Arkansas AR Ark.
California CA Calif.¹
Colorado CO Colo.
Connecticut CT Conn.
Delaware DE Del.
Florida FL Fla.
Georgia GA Ga.
Hawaii HI Hawaii
Idaho ID Idaho
Illinois IL Ill.
Indiana IN Ind.
Iowa IA Iowa
Kansas KS Kans.
Kentucky KY Ky.
Louisiana LA La.
Maine ME Maine
Maryland MD Md.
Massachusetts MA Mass.¹
Michigan MI Mich.
Minnesota MN Minn.¹
Mississippi MS Miss.
Missouri MO Mo.¹
Montana MT Mont.
Nebraska NE Neb. or Nebr.
Nevada NV Nev.
New Hampshire NH N.H.
New Jersey NJ N.J.¹
New Mexico NM N.Mex.
New York NY N.Y.
North Carolina NC N.C.
North Dakota ND N.Dak.
Ohio OH Ohio
Oklahoma OK Okla.¹
Oregon R Ore. or Oreg.
Pennsylvania PA Pa.
Rhode Island RI R.I.
South Carolina SC S.C.
South Dakota SD S.Dak.
Tennessee TN Tenn.
Texas TX Tex. or Texas
Utah UT Utah
Vermont VT Vt.
Virginia VA Va.
Washington WA Wash.
West Virginia WV W.Va.
Wisconsin WI Wis. or Wisc.
Wyoming WY Wyo.
US Territories
American Samoa AS Amer. Samoa
District of Columbia DC D.C.
Guam GU Guam
Northern Mariana Islands MP M.P.
Puerto Rico PR P.R.
Virgin Islands VI V.I.