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(For Austin) 

ATTEMPTING TO SELL THE STATUTE

 

Consent makes the law{Consensus facit legem}; Right cannot die {Droit ne poet pas morier}; The law is so written {Ita lex scripta est}; Politics are to be adapted to the laws, and not the laws to politics {Politiæ legibus non leges politiis adaptandæ; Hob. 154}; The thing speaks for itself {Res ipsa loquitur}; If you depart from the law, you will go astray, and all things will be uncertain to everybody {Si a jure discedas, vagus eris, et erunt omnia omnibus incerta; Coke, Litt. 227}; One absurdity being allowed, an infinity follows {Uno absurdo dato, infinita sequuntur; 1 Coke, 102}; Damage suffered by consent is not a cause of action {Volenti non fit injuria}; and the following concomitants, infra:DO NOT CONSENT . . . DO NOT ARGUE THE STATUTE . . . When the Judge asks “If you understand” DO NOT UNDERSTAND

Oregon Statutes – Chapter 137 – Judgment and Execution; Parole and Probation by the Court – Section 137.540 – Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification.
(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.
(e) Remain in the State of Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency.
(f) If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Any waiver of this requirement must be based on a finding by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probationer or the probationer’s work site or residence and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully complete a sex offender treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to 163.467;
(B) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex offense under ORS 163.305 to 163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator.
(o) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer’s date of birth;
(D) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
(2) In addition to the general conditions, the court may impose any special conditions of probation that are reasonably related to the crime of conviction or the needs of the probationer for the protection of the public or reformation of the probationer, or both, including, but not limited to, that the probationer shall:
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after November 1, 1989, be confined to the county jail or be restricted to the probationer’s own residence or to the premises thereof, or be subject to any combination of such confinement and restriction, such confinement or restriction or combination thereof to be for a period not to exceed one year or one-half of the maximum period of confinement that could be imposed for the offense for which the defendant is convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be subject to other custodial sanctions under community supervision, or both, as provided by rules of the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as specifically ordered by the court in order to pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a special condition of probation that the person not reside in any dwelling in which another sex offender who is on probation, parole or post-prison supervision resides, without the approval of the person’s supervising parole and probation officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides, without the approval of the director of the probation agency that is supervising the person or of the county manager of the Department of Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole and probation officer of a person subject to the requirements of this subsection shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety. As used in this subsection:
(a) “Dwelling” has the meaning given that term in ORS 469.160.
(b) “Dwelling” does not include a residential treatment facility or a halfway house.
(c) “Halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.
(d) “Sex offender” has the meaning given that term in ORS 181.594.
(4)(a) If the person is released on probation following conviction of a sex crime, as defined in ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the court, if requested by the victim, shall include as a special condition of the person’s probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county;
(B) The person demonstrates to the court by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. As used in this subparagraph, “halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of probation described in this subsection at the time of sentencing in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation described in this subsection and if at any time during the period of probation the victim moves to within three miles of the probationer’s residence, the court may not require the probationer to change the probationer’s residence in order to comply with the special condition of probation.
(5) When a person who is a sex offender, as defined in ORS 181.594, is released on probation, the Department of Corrections or the county community corrections agency, whichever is appropriate, shall notify the chief of police, if the person is going to reside within a city, and the county sheriff of the county in which the person is going to reside of the person’s release and the conditions of the person’s release.
(6) Failure to abide by all general and special conditions imposed by the court and supervised by the Department of Corrections or a county community corrections agency may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595.
(7) The court may at any time modify the conditions of probation.
(8) A court may not order revocation of probation as a result of the probationer’s failure to pay restitution unless the court determines from the totality of the circumstances that the purposes of the probation are not being served.
(9) It is not a cause for revocation of probation that the probationer failed to apply for or accept employment at any workplace where there is a labor dispute in progress. As used in this subsection, “labor dispute” has the meaning for that term provided in ORS 662.010.
(10) As used in this section, “attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 181.594.
[Amended by 1965 c.346 §1; 1969 c.597 §125; 1977 c.371 §3; 1977 c.380 §2; 1981 c.671 §1; 1983 c.588 §2; 1985 c.818 §2; 1987 c.780 §3; 1989 c.790 §16; 1991 c.196 §1; 1991 c.630 §5; 1991 c.731 §1; 1993 c.14 §11; 1993 c.680 §16; 1997 c.313 §24; 1999 c.626 §11; amendments by 1999 c.626 §34 repealed by 2001 c.884 §1; 2001 c.726 §§1,2; 2001 c.884 §5; 2005 c.264 §3; 2005 c.558 §1; 2005 c.567 §8; 2005 c.576 §1a; 2005 c.642 §1] NOTE : The pairs of brackets employed on both ends of the above noted implementing regulations! This means the said regulations have been omitted in accordance with UNITED STATES GOVERNMENT PRINTING OFFICE  Style Manuel 2008 Publication. . . Page 198 – Chapter 8 . . . (The use of) Pairs of Brackets  8.20. In Bills, Contracts, etc. to indicate matter that is to be omitted.

Whereas, this means that the statute has no power to be unilaterally enforced (due to its private for profit nature) . . . and the D.A. is attempting to “Sell” you the statute while he is acting in the nature of a statute merchant.

Absent your acceptance, joinder or traverse of the offer of the D.A’s. Motion and Order to Modify Terms, he can’t enforce the Order.

See the attachments that explain this more fully. You can use this material to give notice of your refusal for cause, to join in his commercial offer to accept the statutes as cited as ORS 137.540 and 137.106(b) in his Affidavit.

ALL BOILS DOWN TO JOINDER AND VIRTUALLY EVERY STATUTE THAT HE WILL CITE HAS TO BE JOINED WITH. SHOULD YOU FILE AN ANSWER, YOU HAVE JOINED. ALL YOU HAVE TO DO IS RETURN THE ORDER NOTING WHAT I HAVE GIVEN YOU . . . AND INCLUDE YOUR STATUTE OF NEGATIVE AVEREMENT (SEE THE TRAFFIC ATTACHMENT.

This D.A. no longer has a leg to stand on, as he can only cite statutes that can’t be “unilaterally” enforced . . . means he expects you to join by bringing his offer into controversy . . . don’t do it, address the statute which if not joined with is void for cause . . .

 AFFIDAVIT OF NEGATIVE AVEREMENT AND

DECLARATION OF UNDERSTANDING

IN SUPPORT OF SUMMARY RETURN FOR CAUSE OF THE HEREIN ATTACHED AND INCLUDED UNIFORM CITATION AND COMPLAINT # 90915,

 WITHOUT DISHONOR OR RECOURSE

 WHEREAS:
THE PROMULGATED RULES AND REGS THAT COME WITHIN [PAIRS OF BRACKETS] PER THE GOVERNMENT PRINTING OFFICE STYLE MANUAL, ARE OMITTED AND THEREBY, CAUSE THE PRIVATE COPYRIGHT STATUTE TO POSSESS NO FORCE OR EFFECT OF LAW TO BE UNILATERALLY ENFORCED UPON THE SERVED PARTY.

 All of the acts of an artificial person such as a corporation or municipal corporation are included in three general classes of action, namely legislation, judication and execution, that is, the creation of policies or statutes (legislation), the creation of processes designed to enforce the policies or statutes (adjudication), and the enforcement of the policies or statutes by a mercenary agent, officer or officers of the corporation (execution). Each of the acts of a corporation involve their own separate liabilities, so each act must be separately insured and that to the degree which each act is separately probable to create a damage. Each general class of actions is regulated by a set of insurance policies or bonds the character of which is peculiar to that class of actions. Bonding is the indemnification of an action against the damage which its performance might cause to man or woman or their property.

Bonding is applied to the conception of the job, to the end product of the job and to every step or stage in between the first and last stages in law, bonding is applied to:
(1) The conception or legislation of the statute,
(2) To the enforcement of the statute, and
(3) To every process in between legislation and enforcement.

NOTE: This process must be indemnified, insurance brings any controversy (if any) into the jurisdiction of mercantile law and thereby admiralty . . . and goes to Civil Law.

Bonding a municipal corporation is gambling on official behavior, and each application has its own odds for success and its own terms of payoff. In the mathematical theory of insurance and bonding, the bond on one statute, enforcement process or officer is no more transferable to another statute, enforcement process or officer, respectively, than the insurance policy on one motor vehicle is transferable to another motor vehicle, or the bet on one horse in a race is transferable to another horse in that race.

Any attempt to unilaterally enforce a statute whose implementing regulations have been omitted, must be bonded and if fraudulently enforced, would be Fraud in the Inducement: “… is intended to and which does cause one to execute an instrument, or make an agreement… The misrepresentation involved does not mislead one as the paper he signs but rather misleads as to the true facts of a situation, and the false impression it causes is a basis of a decision to sign or render a judgment“. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.

See the Rules of Style below as those rules apply to this instant matter and the statute(s):UNITED STATES GOVERNMENT PRINTING OFFICE Style Manual 2008 Publication. . . Page 198 – Chapter 8 . . . (The use of) Pairs of Brackets  8.20. In Bills, Contracts, etc. to indicate matter that is to be omitted.

Note: Is it not true: that the Statutes provided below as examples evidencing the date of their enactment as having been relegated to Pairs of [Brackets] and thereby, the said statutes by their nature, possess no unilateral force and effect in law as the aforesaid enactment date has in fact been omitted. Whereas, the aforesaid statutes may however be presented as a private maritime offer for profit by a “Traffic” agent (who must possess an agent I.D. number, as traffic agents do.) These officers act in the nature of a “Transferor” of the statutory instrument (Uniform Citation) for the purpose to cause acceptance absent full disclosure as to the nature of the presentment to the recipient made by the traffic agent and thereby, causing a possible election by the recipient to join with the offered instrument. Or in the case of an informed receipient, to return the presentment to the presenting agent/officer for cause, without commercial dishonor and without recourse on the part of the agent.If no answer or rebuttal is otherwise provided, the answer is: “YES”.

Is it not true:The entire Uniform Citation and Complaint is a bracketed form and thereby can only be cognizable within the maritime jurisdiction and thereby admiralty process as within the BAR and thereby, requires joinder or traverse going to acceptance or controversy to give cause for the statute merchant to take jurisdiction by acting as the arbiter for corporate government moving in commerce for private profit. The Clearfield Doctrine clarifies operation of law in this instance;If no answer or rebuttal is otherwise provided, the answer is: “YES”.

” Governments descend to the level of a mere private corporation and takes on the character of a mere private citizen [where private corporate commercial paper (securities) are concerned]”. . . “For purposes of suit, such corporations and individuals are regarded as an entity ENTIRELY separate from government.”  Bank of United States V. Planters’ Bank of Georgia, 22 U.S. (9 Wheat.) 904 (1824)

Is it not true: when reviewing of the Oregon Vehicle Code reveals the above referenced use of the “Pairs of Bracket” provision under the Rules of Style which are designed to protect the public generally from summarily being compelled to do business under private copyright corporate statutes that possess no force or effect of law absent a knowing election to participate. If no answer or rebuttal is otherwise provided, the answer is: “YES”.

OMITTED IMPLEMENTING DATE re DMV RULES & REGS.

Is it not true: Beginning with the fact that the acceptance of any offered Uniform Citation and Complaint (and Summons) evidencing the aforesaid “Citation” form has no implementing regulations causing the acceptance of the Form presented to the served party to come within the consideration of the right of “Election” and thereby, has no force or effect of law to be “compelled by force.” If no answer or rebuttal is otherwise provided, the answer is: “YES”.

See the treatment of the legislative rules and regulations as omitted for cause below:

Oregon Statutes – Chapter 1 – Courts and Judicial Officers Generally – Section 1.525 – Uniform citation and petition forms for certain offenses.
(1) The Supreme Court shall adopt one or more forms for the following purposes:
(a) A form of uniform violation citation for the purposes of ORS 153.045;
(b) A form of uniform criminal citation without complaint for the purposes of ORS 133.068;
(c) A form of uniform criminal citation with complaint for the purposes of ORS 133.069;
(d) Any form of uniform citation for categories of offenses as the court finds necessary or convenient; and
(e) A uniform petition for a driving while under the influence of intoxicants diversion agreement for the purposes of ORS 813.210.
(2) If changes are made to a uniform citation form under this section, the Supreme Court shall make a reasonable effort to minimize the financial impact of the changes on the state agencies and political subdivisions of this state that use the uniform citation form. Where possible, the effort to minimize the financial impact shall include a reasonable time for the state agencies and political subdivisions to exhaust their existing supplies of the citation form before the changes become effective.
(3) Except as provided in subsection (4) of this section, the uniform citation forms adopted by the Supreme Court under this section must be used by all enforcement officers, as defined in ORS 153.005, when issuing a violation citation or criminal citation.
(4) The uniform citation forms adopted by the Supreme Court under this section need not be used for:
(a) Offenses created by ordinance or agency rule governing parking of vehicles; or
(b) Offenses created by the ordinances of political subdivisions. [1979 c.477 §3; 1981 c.692 §5; 1981 c.803 §1; 1983 c.338 §879; 1985 c.725 §9; 1999 c.1051 §73]

Is it not true: The the above noted implementing dates are Omitted! Meaning the Uniform Citation and Complaint forms possess no force or effect of law, and thereby, the said rules and regs are rendered wholly elective and cannot be enforced absent a known joinder or traverse by the presented party, meaning the said Uniform Citation and Complaint can be returned for cause without dishonor with no recourse?

Please note all of the regulatory definitions listed below are relegated to Pairs of [Brackets]:

· 801.225   “Department” means the Department of Transportation. [1983 c.338 §37]

· 801.230   “Director” means Director of Transportation. [1983 c.338 §38]

801.275   “Fifth wheel hitch” means a coupling device for vehicles that is commonly known as a kingpin and fifth wheel assembly. [1983 c.338 §46]

801.360  
“Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion. [1983 c.338 §62]

801.370  
“Operation” means any operation, towing, pushing, movement or otherwise propelling. [1983 c.338 §66]

801.377  
“Ownership record” means: (1) A primary ownership record; or (2) A transitional ownership record. [1989 c.927 §2; 1993 c.233 §8]

801.445  
“Road authority” means the body authorized to exercise authority over a road, highway, street or alley under ORS 810.010. [1983 c.338 §82]

801.515  
“Suspend,” with reference to identification cards, driving privileges or vehicle registration, means the temporary withdrawal of the identification card, driving privileges or registration. [1983 c.338…

801.545  
“Traffic crime” means any traffic offense that is punishable by a jail sentence. [1983 c.338 §100]

801.585  
“Unloaded weight” means the weight of a vehicle when the vehicle is fully equipped exclusive of load. [1983 c.338 §108; 1985 c.172 §4]

803.215   Fee Assessment
A fee of $7 shall be charged for an inspection of a vehicle required by ORS 803.210. [1983 c.338 §201; 1985 c.736 §1; 1987 c.146…

807.010   Operating vehicle without driving privileges or in violation of license restrictions; penalty. (1) A person commits the offense of vehicle operating without driving privileges if the person operates a motor vehicle upon a highway or premises open(But the Natural Sovereign “Man or Woman” does not come within the statutory definition of “PERSON.” NATURAL OR OTHERWISE and such provision of choice is provided at Oregon Statutes – Chapter 174 – Construction of Statutes; General Definitions – Section 174.030 – Construction favoring natural right to prevail. Where a statute is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to prevail.

 Should you disagree with any issues presented in this notice and Affidavit of Negative Averment, you may rebut that with which you disagree in writing, and with particularity within 10 days of date of this letter, and support your rebuttal with verified facts and related evidence and Constitutionally and Commercially based law or case law where applicable and not in conflict.

Your failure to rebut timely within 10 days, as stipulated, is your tacit agreement and admission to the facts as presented and that all facts addressed in this notice are true, correct, legal, lawful, and your irrevocable admission and agreement attesting to this instant matter are fully binding upon you in any court in America, without your protest, objection, or that of those who represent you. You may request additional time to respond within the (10) days of the date of this letter.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. With Reservation of all rights, remedies and treaties  UCC 1-308 
                                           By:____________________________________________ 

JURAT 

State of Oregon)
          ss                            County of Linn ) 

Subscribed and sworn by___________________ before me, _____________________ a Notary

Public, on ________________, 2010 A.D. acting in County of Linn, Oregon. 
 

Notary Signature __________________________ 

My Commission expires_________________

NOTICE OF ASSERTION OF “STANDING”

and notice of Election that I proceed pursuant to the “NATURAL RIGHT” as clearly acknowledged by the Oregon Legislature

MEMORANDUM OF UNDERSTANDING

THERE ARE AT LEAST FOUR FACTORS GOING TO RIGHT OF CHOICE AS OPPOSED TO BEING PRESUMPTIVELY AND THEREBY SUMMARILY PRESUMED TO DO BUSINESS WITH “THIS [corporate] STATE” AND THEREBY VOLUNTARILY REGULATED IN COMMERCE. THE ULTIMATE PROTECTION OF THE NATURAL RIGHT IS IN FACT, ACKNOWLEDGED BY “THIS STATE” OF THE CORPORATE FORUM AND VALIDATED BY THE NECESSARY OMISSION BY THE APPLICATION OF [PAIRS OF BRACKETS] RENDERING ANY PRIVATE STATUTORY OFFER MADE UPON THE “UNIFORM CITATION AND COMPLAINT / SUMMONS” TO BE UNILATERALLY REGULATED IN COMMERCE VOID FOR CAUSE. WHEREBY, THE STATUTE IS UNILATERALLY UNENFORCABLE WHERE OTHERWISE PRESUMED APPLICABLE BY THE AGENT AS REGARDS THIS MAN ON THE LAND AND HIS RIGHT TO REFUSE THE OFFICERS COMMERCIAL OFFER TO TRANSACT THE INSOLVENT STATUTE UNDER THE NATURAL RIGHT TO ACCEPT OR NOT ACCEPT THE SAID OFFER TO CONTRACT THE PRIVATE STATUTE AND GOES PARTICULARLY THE “NATURAL RIGHT” AND RELATED CAPACITY TO PROCEED NATURALLY IN RERUM NATURA.

Notice to the Law Merchant

Any agent or employee proceeding (in the name of “this state”, STATE OF OREGON” or as a FOR PROFIT PRIVATE CONTRACTOR / AGENT, presuming to enter into a contractual arrangement with myself in my natural capacity and for the said “agent” acting in the nature of a “Law Merchant” i.e. “transferor” fraud will not be entertained under the law merchant and thereby, the agent cannot contract the statute by use of Fraud in the Inducement:“… as such fraud is intended to and which does cause one to execute an instrument, or make an agreement [presuming knowing joinder] … The misrepresentation involved does not mislead one as the paper he [may]sign but rather misleads as to the true facts of a situation, and the false impression it causes is a basis of a decision to sign or [caused to permit a statute/law merchant tribunal] to render a judgment”[adverse to his understanding].Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.

LEGAL TUTORIAL

Steps of Common Fraud:

Step 1: Fraud in the Inducement: “… is intended to and which does cause one to execute an instrument, or make an agreement… The misrepresentation involved does not mislead one as the paper he signs but rather misleads as to the true facts of a situation, and the false impression it causes is a basis of a decision to sign or render a judgment”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Hauppauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.

Step 2: Fraud in Fact by Deceit (Obfuscation and Denial) and Theft:

• “ACTUAL FRAUD. Deceit. Concealing something or making a false representation with an evil intent [scanter] when it causes injury to another…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.

• “THE TORT OF FRAUDULENT DECEIT… The elements of actionable deceit are: A false representation of a material fact made with knowledge of its falsity, or recklessly, or without reasonable grounds for believing its truth, and with intent to induce reliance thereon, on which plaintiff justifiably relies on his injury…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Deceit’.

Step 3: Theft by Deception and Fraudulent Conveyance:

THEFT BY DECEPTION:

• “FRAUDULENT CONCEALMENT… The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose…”.

• “The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties: failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual ‘fraudulent concealment’…”.

• To suspend running of limitations, it means the employment of artifice, planned to prevent inquiry or escape investigation and mislead or hinder acquirement of information disclosing a right of action, and acts relied on must be of an affirmative character and fraudulent…”. Source: Black, Henry Campbell, M.A., ‘Black’s Law Dictionary’, Revised Fourth Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent Concealment’. 

FRAUDULENT CONVEYANCE:

• “FRAUDULENT CONVEYANCE… A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach…”.

• “Conveyance made with intent to avoid some duty or debt due by or incumbent or person (entity) making transfer…”. Source: Black, Henry Campbell, M.A., ‘Black’s Law Dictionary’, Revised Fourth Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent Conveyance’.

(Blog Master’s Note: The whole government is incorporated under the District of Columbia, whether state, county, or city. I have yet to find any statute without the implementation regulations in brackets. A sure test is to obtain a certified copy from the government that produced it. I think you will find they all have brackets;  at least in statutes that have no victim and violate no natural rights, or creator endowed rights of life, freedom or property. We all worry about violating statutes, when they are really meaningless for the natural man or woman. . )  Part 2 will be up within the week.

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