-Caveat Lector- from an email: AmeriTrust Corporation, Inc.
4000 Steeles Avenue, West # 221 Woodbridge, Ontario, Canada L4L 4V9 Telecopier : 905.851.5108 PLEASE FILE AT ONCE EMBARGO until December 04, 1998 ñ 12:01am Dossier No. : JAN/48/95 Distribution: Judicial Court Exhibit United States of America Government Attn: The Honorable, U. S. President William Jefferson Clinton Jacques ANTENEN U. S. Vice President Albert Gore, Jr. U. S. Attorney General Janet Reno CANTON DE VAUD United States Senate Juge DíInstruction United States House of Representatives Du Canton De Vaud U. S. Department of State Valentin 34 United States Department of the Treasury 1014 Lausanne Internal Revenue Service Switzerland Central Intelligence Agency U. S. Federal Bureau of Investigation New Republic/USA Financial Group, Ltd Gesellschaft (Austria) AmeriTrust Corporation, Inc. / AmeriTrust (Suisse) Societe WhiteCloud Petroleum Corporation (Delaware) To: Carrard, Paschoud, Heim & Associes Avocats au Barreau 8, rue de la Grotte 1003, Lausanne, Switzerland Telefon : 41 21 341 90.40 Telefax : 41 21 341.90.50 Attention of :- Monsieur Felix Paschoud, Avocat In the matter of: AmeriTrust Corporation account / Ambassador Leo Emil Wanta, SDR Diplomatic Passport No. 04362 / Ambassador Giovanni Ferro, dated November 23, 1998, received November 27, 1998 ñ as to Suisse Court Examination, scheduled for 04 December 1998 with The Honorable, J Antenen, under the Dossier No. JAN/48/95, Canton de Vaud, Juge DíInstruction, Valentin 34, 1014 Lausanne, Switzerland, regarding the following pertinent classified and sensitive USGovernment (USG) information Ö.. 1/20 Our corporate response, however, will be pursuant to the United States of America, U. S. House of Representatives H. R. 3723 law as shown below:- WHEREAS, The President of the United States of America, having signed H. R. 3723 on October 11, 1996, has protected this transaction by allowing Corporations the right to declare their Contracts, Clients, Internal Procedures and Information, and the transactions they engage in as a Corporate or Trade Secret fully protected under the Economic and Industrial Espionage Laws of the United States of America and the International Economic Community. INASMUCH, the names, identities, bank coordinates and other identifying information of persons or entities that are party to this transaction, contained herein, or learned hereafter, shall be a Corporate Trade Secret that shall not be disseminated other than as provided for herein, or as allowed under applicable law. Any unauthorized Disclosure of this Private Transaction, parties to, or other material fact of, shall subject the violator(s) to Criminal Prosecution. HAVING SAID THAT, I have obtained a limited release to protect the AmeriTrust Corporation, Inc. and its Corporate Officers named above, as this particular USA Corporation ñ with other USG corporations to be named later ñ was duly organized under U.S.C.A. Title 18, Section 6, which reads:- USCA Title 18 ~ Sec 6 ñ Department and Agency defined includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which United States has a proprietary interest, Ö.. June 25, 1948, c. 645, 62 Stat 685) 11) [ the phrase ì corporationî in which the United States has a proprietary interest is intended to include those governmental corporations in which stock is not actually issued, as well as those in which stock is owned by the United States.] 5. Defenses if a department or agency has colorable authority to do what it is doing, constitutionality of statute or order requiring keeping of records, furnishing of information ---------- (Humble Oil & Refinery Co. vs SCA NM 1952, 198F 2d 753, certiorari denied 73 Sct 328, 344 US 909, 97 Ed 701) 2/20 Per my original United States Government directives and Oath ÖÖ. We must learn to subvert, sabotage, and destroy our enemies by more sophisticated, and more effective methods than those used against us ÖÖÖ. As we are facing an implacable enemy whose avowed objective is world domination by whatever means and at whatever cost Ö Points of truthful information : The USGovernment and AmeriTrust Corporation, Inc. entered into a Buy/Sell Contract with Humewood Enterprises of London and Dublin to facilitate the bank to bank delivery of Credit-Worthy Bank Guarantees with Rothschild Bank, Banque Paribas, Lloyds Bank, et al with USG / AmeriTrust retaining Credit Suisse Bank Senior Management and FGI Fiduciarie-conseil of Lasaunne as the corporate fiduciary agent with Credit Suisse Groupe, on behalf of AmeriTrust; and per Vincent Foster, Jr., Deputy White House Counsel to corporately organize the Suisse Holding Groupe - registered AmeriTr ust (Suisse) Societe, Geneve, Switzerland and our Suisse residency per USG directives, and we can not assist your court with highly confidential data relative to Attorney Fosterís Irrevocable Bank Payment Orders in the aggregate USDollar amount of US$250,000,000.00, and issued in favour of The Childrenís Defense Fund, Washington, DC, USA ñ as We, AmeriTrust, have no working and/or personal knowledge of any Money Laundering schemes, as falsely alleged ñ but, We can advise this Suisse Judicial Court that under a certain Commercial Contract, L H Finance (Mossah) agreed to issue a Surety Bond for US$250,000.00 as a condition of said contract; and then advised AmeriTrust that they would release US$375,000.00 as a Cash Deposit Performance Guarantee, allowing US$125,000.00 to cover Introduction Fees to Deputy White House Counsel Vince Foster, Jr., but only through the Suisse Fiduciary Agent ñ Ms Elaine Guiraud, at the Union Bank of Switzerland, Account No. 320.904.60W on or about June 22, 1993 prior to Mr Fosterís scheduled arrival at Hotel de la Paix, Geneve on July 7, 1993 per previous financial arrangements. As the monetary disbursal was arranged through a Ms Lorrayne Fine, Principal of L H Finance, as the required Performance Bond was submitted in the event of their Non-Performance per the Commercial Contract, prepared with Mr Foster ñ and presently in the Courtís possession - allowing due to their non-performance the USDollar amounts to be disbursed as follows: Mr Vincent Foster, Jr., Esq. USDollars 125,000.00 AmeriTrust Corporation, Inc. USDollars 250,000.00 3/20 As the USDollar funding was obtained through L H Finance in conjunction with our corporate fiduciary agent, Ms Elaine Guiraud of Lausanne, I would have no idea the original origin of the Cash Performance Bond funding, as we were advised it was certified by Union de Banques Suisses as good, clean, clear, freely-transferable and of non-criminal origin. It was at the insistence of Credit Suisse Banque that AmeriTrust Corporation, Inc. retain FGI Fiduciaire-conseil and Ms Millie Ferrus, as our AmeriTrust Corporation Suisse Counsel, to meet the Suisse banking requirements which was subsequently authorized and approved by the USGovernment authorities. Why at this late date [ since I have been vigorously complaining since my False Arrest on July 7, 1993 enroute to meet Counsel Foster in Geneve ] is the Suisse Government investigating the alleged Murder of Vince Foster and inquiring of the contracted origin of the USDollar transfers, and now causing lawless court action and potential RICO substantial recovery damages, as well as Civil damages in favour of AmeriTrust, its Corporate Officers and the American People; whereby USDollar Seventy Billion (US$70,000,000,000.00) was illegally diverted from the United States Treasury during my HOSTAGE STAY in Switzerland and the State of Wisconsin, USA ; from the retained / contracted earnings obtainable through the AmeriTrust/Humewood Contract, et al. [ see exhibit ìPower of Attorneyî] As your advocacy office is fully aware, based on the illegally seized USGovn and Somali documents that National Security violations were unlawfully discussed and copied in the present of by the Suisse and State of Wisconsin ñ Department of Revenue provocateurs, and in direct violation of the Vienna Convention as listed:- Article 29 ñ Personal Inviolability The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity. Article 31 ñ Immunity from Jurisdiction 4/20 A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction.. (See Diplomatic papers enclosed) Furthermore, Diplomatic personal baggage were unlawfully seized, and never returned under Article 36 of the Vienna Convention. Article 40 ñ Duties of Third States 1. If a diplomatic agent passes through or is in the territory of a third state, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third state shall accord him inviolability and such other immunities as may be required to ensure his transit or return. See exhibits, which include the diplomatic correspondence of :- U. S. President William Jefferson Clinton to Ambassador Leo Wanta, dated 20 December 20, 1994, U. S. Vice President Albert Gore, Jr. to Ambassador Leo Wanta, dated January 3, 1995, State of Israel, Ministry of Internal Affairs INVITATION dated July 31, 1997 and addressed to The Honorable, Ambassador Leo E Wanta to discuss Israeli matters of State and the Region. Please take Special Notice Ö.. On November 03, 1993, the Prime Minister of the State of Israel ñ The Honorable, Yitzhak Rabin after several Israeli demands of the Suisse Federation to release Ambassador Leo Emil Wanta, The Executive Chairman/Director of AmeriTrust, Inc. presently occupying Suisse Dungeon Cell No. 130, within Prison du Bois ñ Mermet, CH du Bois ñ Gentil, 1018 Lausanne, Switzerland, relative to AmeriTrust to release the negotiated deposits to the Prime Ministerís Bureau, Jerusalem, Israel, as USG authorizations for the existing Israeli / Palestinian Peace Programme Funding and Development Projects, in the Suisse Courtís possession and / or concealment. It is interesting to note that the very day the Israeli Government sends me a coded message on 16 November 1993; I am immediately taken by Suisse gunpoint and physical body restraints to Swiss Air for immediate extradition departure to New York, yet another U. S. Federal and International violation in your court records. JUST HOW MANY INNOCENT HUMAN LIVES MUST BE SACRIFICED FOR THE PERSONAL, MONETARY AND POLITICAL GAINS AND INTERNATIONAL POWER PLAYS AGAINST GLOBAL HUMANITY WITH TOTAL FREEDOM AND LIBERTY BY 5/20 INTERNATIONAL BIRTHRIGHT. YOUR SUISSE COURTíS INTEGRITY TO MEET THE PROVOCATEURS ìHEAD ONî IS NECESSARY TO ESTABLISH EQUALITY AND INTERNATIONAL JUSTICE BASED ON SEEKING THE WHOLE TRUTH NOWÖ. The United States Internal Revenue Service addresses me for Corporate Income Tax purposes, as ìAttn: Ambassador L Wantaî no legitimate Court has ever lawfully revoked my Diplomatic status, nor as the Somali Democratic Government ñ Ministry of Foreign Affairs. In my personal case ñ I was unlawfully arrested for failure to pay Wisconsin ìnon-residency taxesî while working as the Ambassador to Switzerland and Chairman-designate to the Somali Central Bank, while in the Sovereign Country of Switzerland, unlawfully detained in a Suisse dungeon ñ for 134 days without a U.S. Constitutional îSPEEDY TRIALî, forcibly drugged which developed into a serious HEART condition diagnosed as RBBB ñ Right Bundle Branch (Electrical) Block, as the State of Wisconsin refuses to release certain illegally seized USDollar corporate funds to obtain a very needed Pacemaker and imprisoned me to unlawfully pay under state extortion and intimidation with CIA/Corporate funding for the third time, a State of Wisconsin civil tax assessment for 1982 and non-residency year of 1988, [see Original Certificate of Divorce or Annulment, Court Case No. 95FA445, adjudicating that my last day of legal residence in the Sovereign State of Wisconsin was prior to July, 1988] - as the alleged state civil tax assessments were legally paid and settled in full satisfaction TWICE in 1992 for USDollar 14,129.00 each, as a Central Intelligence Agency/Corporate nuisance tax assessment, resulting I personally believe in the Murder of White House Deputy Counsel Vince Foster and Freddie Woodruff, a CIA Case Officer involved with AmeriTrust and New Republic/USA Financial Group, Gessellschaft Ltd, Wien, Austria and with full working knowledge of certain Intel operations/surveillance funded by AmeriTrust, Aneko Credit Pte Limited, Asian-Europa Development Group, Ltd, and other USCA 18 / Sec 6 USG operations: USG sanctioned interference in the ìDomestic Affairsî of the former Soviet Union (USSR) ruble (SUR) currency, Gold currency certificates and delivery of 2,000 metric tonnes of Soviet gold bullion via USSR Central Bank directly to New Republic/USA Financial Group Ltd Ges.m.b.H. for smelting to 12.5 kgs Gold bars in order to:- De-stabilize the USSR Military Establishment, KGB/Stasi operations and the Soviet Union economy, in favour of Boris Yeltsin Groupe, Control and identify the Soviet Union FUSION BOMB development, 6/20 3. AFGHAN / USSR traffic of General Dynamics ìSurface to Airî Stinger Missiles with Soviet / CIA International sales and delivery activities, via our USGovn targets John Taylor and Scott Partridge, USG sanctioned Intel findings by New Republic/USA (Austria) of Iraqi purchases and deliveries of USSR/Bulgaria RED MERCURY (RM 2020) through T. A. Trace Lab Analysis of Morges, Switzerland coordinated by Suisse Dr. John Lutz, et al; and in conjunction with USSR Envoy Millie Ferrus of Lausanne, Switzerland, resulting in Suisse Cooperation and funding AGAINST THE AMERICAN / FOREIGN COALITION involved in the Iraq / Kuwait conflict, inter alia, Meccanotechnia Industries (Singapore) of Fiat-Valsella ( Italia ) military Production of LANDMINES, delivered to the Iraqi Military for defense against the American Coalition Armed Forces, as discovered by INTEL operations of Aneko Credit Pte Limited (Singapore)/USCA18 / 6 ops., USG Intel.ops discovering ìBLUE MOONî operation, under Blue Moon Bags of Thailand and approval for our INTEL.ops to target for Full field investigation [ but later to learn that their drug operation was Known and protected by U. S. Customs Attache assigned to U.S. Embassy in the Republic of Singapore ñ working in association with our previous U. S Treasury / U. S. Customs Internal Affairs target within the Little Rock / Mena Night Flight operations] ñ as to illegal distribution of controlled substances of Heroin and Cocaine, etc. VIA Burma, Thailand, Malaysia, Singapura railway operations with Blue Moon operatives / mules; for covert international delivery to Europa / North American distribution. This INTEL.ops was coordinated by U. S. Treasury Department INTEL Field Operatives ñ a. Frank B Ingram, SA32NV; b. Rick Reynolds, SA233MS; c. Lee E Wanta, Falconbird / Stillpoint with assistance of Sector V Operations and Internal Affairs under S - 31 - IANO USGovernment authority and control, Unlawful U. S. Treasury Certificate traffic investigation in South East Asia, coordinated by SA233MS and SA32NV, with U. S. Secret Service Agents Bob Twohig and Rick Zainos, et al - in Bangkok, Thailand, USG Intel.ops coordinated by New Republic/USA (Austria) expose of Italia/Soviet Mafiosa, thwarted by Austrian/Singapura INTEL.ops, as listed in Thieves World, Simon & Schuster (1994) demonstrating the 7/20 AmeriTrust/New Republic surveillance operations to force out known crime enterprises with our working association with a Italia Chief Judge listed in book, as well as ìillegal money laundering operationsî of COMEXPO s.r.l. Import-Export Consulting & Promotion ñ situated in Verona, Italia and under our authorized U.S. Treasury / Customs case number w/exhibits readily available.. We have never laundered any money, since we are authorized to receive ten (10%) percent of any and all USGovernment lawful seizures under our United States Agreements, as we are definitely not the alleged criminals as falsely stated by unknown State and Suisse provocateurs in some shadow, without truthful facts and Counter-Intelligence knowledge and related USG responsibilities; my partner and brother Kok Howe Kwong, and my associates, like Freddie Woodruff, Francois de Grosseurve and Vince Foster died strangely for their personal belief in our Great Nation, by BETRAYAL of others with falsehoods and malice, USG ìSecurity Code ñ NEW REPUBLICî of USCA 18 / 6 Jackson, Mississippi, INTEL.ops legally organized as New Republic / USA Financial Group, Ltd. to coordinate U. S. Vice President George Herbert Walker Bush implementation of:- Contra funding v Boland Amendment, with canal barge deliveries; POM (Arkansas) sub-assemblies and covert production and related parts to COLAS (Honduras) final assembly operations; Arkansas Development Finance Authority (ADFA) with Chairman Bob Nash under Operation: DEALROOM with Bank of China FOREX of Japanese Yen and USDollars with Arkansas Pension Funding to the Peopleís Republic of China (PRC.ops), with US Attorney General Bill Barr / CIA.ops / DOD.ops (see field reports of RAC Wm Lecates and Frank B Ingram (Sector 5), as copied to USSS Director John Magaw and SAC Glen Speedy, et al, ; including the Browning Arms Sale and Delivery of certain weapons through Arab Associates and Ronald Arab, Vancouver, British Columbia, Canada to the Panama Groupe protected by then Vice President Bush, per USGovernment STING operation headed and coordinated by USG INTEL operative Leo Wanta and SA32NV - Frank B Ingram via Corpus Christi U. S. Customs Operations, under USGovn Case numbers relative to Boland Amendment and other U. S. Federal arms and smuggling violations; ref: USGovn case numbers in Wanta/Ingram/Lecates USGovernment authorized Field reports, and U. S. Federal Court records in Corpus Christi, Texas Region. MX Mobile Missile mobilization / deployment activities of New Republic/USA (Mississippi.ops) to purchase the Santa Fe / Southern 8/20 Pacific Railroad in U. S. Bankruptcy proceedings with BLACK.ops/ New Republic/USA funding as authorized ( documents available ).. New Republic/USA purchase of USSR Mig 29 FULCRUM maintenance manuals for U. S. Air Force OSI operations, like a true copy, certainly qualified this writer as an American operative once again, as well as the Soviet HIND aircraft recovery operations, Aneko Credit Pte Ltd covert investigation of Motorola SECTEL Sales and delivery to Iran Security Operations via Singapura/Malaysia, Yongbyon, North Korea ìnuclear chipî manufacturing, developed by Singapore Technologies for sister plants in North Korea & Singapura, as financed by VIOLA TRADING LIMITED, Andras Szasz and George Soros Groupe of Sovereign House, Station Road, St John, Isle of Man ñ Registration No. 41992, Isle of Man, as well as diesel oil and other procurement of previously EMBARGOED commodities. Kuwait Dinar FOREX as sanctioned by USGovernment programmes Utilizing the INSLAW, Inc. PROMIS software, inter alia, and much much more for absolute proof that, We, AmeriTrust and our corporate officers are real victims of Criminal Conspiracy by others, enjoying their current freedom at our expense and displeasure, but certainly for their PERSONAL GAIN and Abuse / Misuse of Power without merit, Recovery of stolen / cancelled Chase Manhattan Bank and Citibank Bank Guarantees by unknown persons being negotiated within the Suisse Banking Community, and AmeriTrust finderís fee for recovery of said Bank Instruments and lawful prosecution of the alleged criminal perpetrators under USGovernment Security code : Chaselet. Based on my diplomatic situation, I was kidnapped in Switzerland and taken to New York at gunpoint, and appeared in the United States District Court, Eastern District of New York, USA, Docket No. 93-M-2072; whereas the Court dismissed any and all unlawful / alleged complaints of the State of Wisconsin, based on USGovernment Motion as to Ambassador Leo Emil Wanta ñ whereas the State of Wisconsin ñ Department of Revenue DEFIED said U. S. Federal Order and had me re-arrested in New York City with only my Diplomatic Entry / VISA without any valid ARREST WARRANT, for continuous REFUSAL to pay a WISCONSIN CIVIL TAX ASSESSMENT of a STATE NON-RESIDENT. ( see enclosed New York exhibits for verification of diplomatic status) However, the State of New York unlawfully held me incognito within their Department of Corrections, and listed immediately as an AMBASSADOR after United States Secret Service notification and confirmation. 9/20 [ see United States Court of Appeals for the Eighth Circuit, No. 97-3888, USA v Elton Howard Silkman, filed September 16, 1998] The State of Wisconsin clearly violated 26 U.S.C. , Sec 7201 as to illegally extraditing Ambassador Wanta, to his ìnon-residentî State of Wisconsin, USA ñ since June 30, 1988 - for alleged civil state tax deficiencies for 1982 and 1988, per the defective Arrest Warrant served in Switzerland by the U.S. State Department Vice Consul Carlos Medina, Berne, contrary to the Suisse/USA Treaty provisions, among other things, which include:- Excluded court evidence in favour of Ambassador Wanta Excluded evidence of USGovernment liability Excluded proof that a legitimate tax deficiency lawfully existed No exclusive proof that a real tax crime ever existed Please note : An American taxpayer-defendant has a right to establish as a defense that he owed no tax in addition to what he had paid, (see United States v Moody, 339 F.2d 161, 162 (6th Cir. 1964). Quote ñ The government has no authority for its startling contention that an IRS assessment is conclusive proof in a criminal trial that taxes were in fact owing. As the Supreme Court said in United States Martin Linen Supply Co., 430 U.S. 564, 572-733 1977), the juryís overriding responsibility is to stand between the accused and a potentially arbitrary or abusive government that is in command of the criminal sanction. For this reason, a trial judge is prohibited from entering a judgment of conviction or directing a jury to come forward with such a verdict, regardless of how overwhelming the evidence may point in that direction. This conclusion is consistent with United States v England, where the government conceded that proof of a valid assessment was essential to its evasion case, an he court held it was in error to instruct the jury the assessment was valid as a matter of law. 347 F. 2d at 430. England was followed in United States v Goetz, 746 F. 2d 705, 708-10 (11th Cir. 1984). [The Courtís] Our conclusion is also consistent with decisions that the taxpayer may defend a charge of willfully evading the assessment of taxes by proving there was no tax due and owing, for example, by evidence of unclaimed deductions and expenses. See, e.. Clark v United States, 211 F 2d 100, 13 (8th Cir. 1954), ÖÖ But conclusive presumptions are invalid in criminal cases because they ìconflict with the overriding presumption of innocence with which extends to every element of the crime, and would invade 10/20 the factfinding function which in a criminal case the law assigns solely to the jury.î Sandstrom v Montana, 442 U.S. 510, 523 (1979) Ö. It is not rational to make the assessment conclusive proof f the deficiency, particularly because in the absence of a tax return an assessment is based upon a ìsubstituteî return prepared by the IRS without the benefit of factual input from the taxpayer. For the foregoing reasons, [the court] we conclude that one accused of tax evasion must have the opportunity to prove, however unlikely the proposition may be, that an administratively final tax assessment does not accurately reflect the existence of a tax deficiency. Therefore, [defendant] is entitled to a new trial at which he may introduce evidence relevant to whether there was in fact a tax deficiency in one or more of the tax years in question. However, [the court] we agree with cases holding that, while an assessment may be used to prove a tax deficiency in a payment evasion case, an assessment is nota necessary element of a payment evasion charge. See Hogan, 861 F. 2d at 315-16; Dack, 47 F 2d at 1174, Voorhies, 658 F 2d at 714-15. Therefore, it can be readily established that the Suisse Judicial authorities were lawlessly mislead by the Suisse, United States and State of Wisconsin provocateurs to unconstitutionally deny me, my personal freedom and liberty by American Birthright, as well as the Vienna Convention Articles, inter alia. Please note: The State of Wisconsin of the United States of America admits they ìuttered/alteredî the civil NON-RESIDENCY state tax returns in favor of the Department of Revenue, in order to seek the fraudulent state arrest warrant by illegally manipulating the Suisse Federation, Suisse Surete and their Judicial System, U.S. State Department and the U.S. Federal Bureau of Investigation, et al; contrary to U.S.C.A. Title 18, Section 4 ñ Misprision of 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 not more than $500 or imprisoned not more than three years, or both. (June 25, 1948, c. 645, 62 Stat 684) Elements of offense ñ Generally Ö. are concealment of something, such as suppression of the evidence or other positive act, and failure to disclose (Neal v U. S., cc A Minn, 1939, 102F 2d 643) Knowledge of commission of felony Ö. it is immaterial whether government did or did not know of crime or who the perpetrator was ( Lacey v U. S. C. A. Cal 1966, 356F 2d 07, certiorari denied 87 Sct 234, 385 US 922, 172 Ed 2d145) 11/20 Concealment Ö.. such as suppression of evidence, harboring a criminal, intimidation of witnesses, or other positive act designed to conceal from authorities commission of the felony. (Bratton V USCCA Okl, 1934, 73 2d 795) Indictment or Information Indictment alleging that specified person committed offense cognizable by courts of United States, that defendant had knowledge of actual commission of such offense, that defendant willfully concealed crime, and that defendant did not as soon as possible make known commission of crime to authorities was sufficient to charge offense of misprision of a felony notwithstanding failure to allege evidentiary details of concealment. (US v Sullivan, DC Okl 1968, 284 Supp 574) Venue Ö.. was place where report of felony should have been made (Bratton v USCCA Okl, 1934, 73 F 2d 795) Evidence Ö. Evidence in prosecution for misprision of a felony must establish affirmative act of concealment, and mere silence without some affirmative act is insufficient to authorize conviction. (US v Sullivan, DC Okl 1968, 284 F Supp 579) Please note : The necessary evidence is now established by this current Suisse Court Action for the State of Wisconsin ñ Department of Revenue suggested to the Suisse authorities that the STATE is willing to disburse certain corporate funds to the Suisse counterparts for their participation in this absolute Fraud on the U. S. Federal Courts, The Suisse Courts and Wisconsin non-jurisdictional subject matter courts of record, among other lawless activities by others, as demonstrated by the U. S. Federal Bureau of Investigation DISCLAIMERS of their official role at the behest of the State of Wisconsin ñ to falsely accuse this American citizen and International Diplomat in the court records In Wisconsin, as well as the Suisse and United States District Courts, and Media Journalists. Section 10 ñ Interstate Commerce and Foreign Commerce defined Section 11 ñ Foreign Government defined My lawless Suisse Extradition is in direct violation of my issued Somali Diplomatic Credentials which have not been revoked by any Government, among other things. The term ì FOREIGN GOVERNMENTî, as used in this title, 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. (June25, 1948, c 645, 63 Stat 686) 12/20 Therefore, the sudden and lawless notice of the State of Wisconsin and the Suisse Federation to revoke my Diplomatic Status and Diplomatic Passports No. 04362 and 12535 has no LEGAL STANDING, as a matter of law ñ and I respectfully Demand the immediate return of the illegally seized Diplomatic Passports and related documentation forthwith, as well as all other USGovernment and Corporate documents seized under a false color of law.. Section 35 - Imparting or conveying false information Whoever imparts or conveys or cause to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made, to do any act which would be a crime prohibited by this chapterÖ.. Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to do any act which would be a crime prohibited.. ( Added July 14, 156, c 595, Sec 1, 70 Stat 540, and amended Oct 3, 1961, Pub L. 87-338, 75 Stat 75; July 7, 1965, Pub. L 89-64, 79 Stat 210 ) Constitutionality This section making criminal imparting of information known to be false concerning attempt or alleged attempt to do act which would be crime prohibited by this chapter was not unconstitutionally vague where it clearly applies to facts of facts of particular case. (US v Rutherford, CA,NY, 1964, 332 F2d 444, certiorari denied 84 Sct 1922, 377 US 994, 12 L Ed 2d1046) Statements within Section Ficticious as well as false reports were intended to be covered by this section. (U. S. v Allen, C. A. Conn, 1963, 317 F 2d 777) 3. Sufficiency Evidence sustained conviction for violation of this section proscribing, imparting or conveying false information. (US v Rutherford, CA NY 1964, 332 F 2d 444, certiorari denied 845 ct 1922, 377 US 994, 12 L Ed 2d 1046) Section 241 ñ Conspiracy against rights of citizens If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States or because of his having so exercised the same; Constitutionality This section pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Const Amend 14 and is not 13/20 unconstitutional vague. (US v Guest, Ga, 1966, 86 Sct 1170, 383 US 745, 16 L Ed 2d 239) CONGRESS HAS THE POWER TO PROTECT THE CITIZEN IN THE EXERCISE OF RIGHTS CONFERRED BY THE CONSTITUTION. (Ex parte Yarborough, Ga 1884, 4 Sct 152, 110 US 651, 28 L Ed 274) The word ìconspireî, as found in this section, making conspiracy against the rights of citizens a crime, is equivalent to the word îwillfullyî, and thus this section is not unconstitutional for being vague or failing to state as ascertainable standard of guilt, nor is an indictment thereunder charging that persons did conspire for such purpose defective, on theory that it does not allege an intent to commit offense. Id. Rationale behind creation of crime of conspiracy to violate State and Federal laws was belief by Congress that mere agreement among members of persons to commit an offense was itself a danger to society demanding classification of a crime, and although an overt act is necessary for conviction, it is not necessary to prove that conspiracy was successful. (U. S. v Bonanno, DC NY 1960, 180 F Supp 71) Title 18, United States Code ñ Section 1201 (Chapter 55) ñ Kidnapping Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when: the person is willfully transported in interstate or foreign commerce; any such act against the person is done within the special maritime and territorial jurisdiction of the United States; any such act against the person is done within the special aircraft jurisdiction of the United States as defined in Section 101 (36) of the Federal Aviation Act of 1958, as amended ( 49 USC 1301 (36)); or 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, shall be punished by imprisonment for any term of years or for life. With respect to subsection (a) (1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. If two or more persons conspire to violate this section and one or more such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life. 14/20 Whoever attempts to violate subsection (a) (4) shall be punished by imprisonment for not more than twenty years, If the victim of an offense under subsection (a) is an internationally protected Person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. [ See Federal Aviation Act of 1958 as to Gunpoint Extradition on Swiss Air Commercial aircraft in United States air/marine territory. ] Common Law ñ At common law, ìkidnapî meant to take any act to carry a person by force and against his will. Constitutionality - Terms ìkidnapî and ìholds for ransom or rewardî or otherwise in this section proscribing kidnapping of a foreign official or internationally protected persons, did not render this section unconstitutionally vague. This section making interstate kidnapping a crime f victim is held for ransom or reward ì or otherwiseî was intended to reach abductions not motivated by ransom or reward and its provisions not unconstitutionally vagueÖ.. situations lacking the involuntariness of seizure and detention which is the essence of the crime of kidnappingÖ Word ìkidnapî has a technical meaning, is derived from the common law, and must be interpreted in light of its technical meaning at common law, and, both under the common law and under this section, unless clearly modified means to take and carry away any person by unlawful force or by fraud and against his will. This title/section adequately expressed intention of Congress to prevent transportation in interstate or foreign commerce of persons who were unlawfully restrained in order that captor might secure some benefit to himself. Ö. was to extend federal jurisdiction under such former section to persons who have been kidnapped and held, not only for reward, but for any other reason, Ö. was designed to punish one guilty of the transportation of a kidnapped person in interstate commerce where the kidnapping was done for ransom or otherwise. OBJECT OF THIS SECTION AND SECTION 1202 OF THIS TITLE PROHIBITING KIDNAPPING IS TO SECURE CITIZENíS PERSONAL LIBERTY AND TO SECURE TO THEM THE ASSISTANCE OF THE LAW NECESSARY TO RELEASE THEM FROM UNLAWFUL RESTRAINT. 15/20 Elements of offense - Generally To prove guilt under this section, prosecution must establish transportation in interstate commerce of an unconsenting person who was held for ransom or reward or otherwise, such acts being done knowingly and willfully. Elements to be established in Federal Kidnapping charge are: (1) the transportation in interstate commerce, (2) of an unconsented person who is (3) held for ransom or reward, or otherwise and (4) doing such acts knowingly and willfully. This section prohibits transportation in interstate commerce of persons who were being unlawfully restrained in order that captor might secure some benefit to himself. While ìkidnappingî at common law means to forcibly abduct a person and to carry him from one state into another state, term involves element of seizing victim by force or fraud and against his will. Purpose of kidnapping need not be for reward or pecuniary gain. (42) A state may not lawfully try, convict and punish person brought within its territorial confines by force and violence exercised by its officers in violation of this section. (Collins v Frisbie, C. A., Mich 1951) ÖÖ. was not so uncertain that those accused thereunder would not know that the charges constituted an offense. (US v Wilson, DC Mo 1947, 72 F Supp 812, affirmed 176 F 2d 184, certiorari denied 70 Sct 145, 2 mems, 338 US 870, 94 L Ed 533) See, CIVIL RIGHTS ACT, USCA 42, SECTION 1981 See, ARTICLE III OF U. S. CONTITUTION See, VIENNA CONVENTION ON DIPLOMATIC RELATIONS (1961) See, 1900 USA/SUISSE FEDERAL EXTRADICTION TREATY; ARTICLES I THROUGH XIV See, TITLE 18, USCA SECTION 1073 AS TO STATE OF WISCONSIN FEDERAL VIOLATIONS AND THEIR OUTRIGHT PERJURY See, TITLE 28 ( HOBBS ANTI-RACKETEERING ACT) 16/20 Per Wisconsin Statutes :- s. 976.03, Note 21 ñ Foreign Countries International extradition was based on treaties only, and thus any offense which was not made extraditable by treaty between the nations involved was not an extraditable offense. (14 Op.Atty.Gen 189 (1925)) The matter of extradition {of actual State of Wisconsin Non-residents} of fugitives from {Wisconsin non-jurisdictional subject matter} justice who have taken refuge in a foreign country is governed wholly by treaties between the United States and such country. ( 3 Op.Atty.Gen 830 (1914)) s. 976.03, Note 25 ñ Fugitive from Justice ñ In general Person should be fugitive from justice in order to be extradited. (10 Op.Atty.Gen 831 (1921)) See U. S. Federal Court Dismissal of fraudulently obtained Fugitive Warrant, manipulated and issued under State of Wisconsin as authorized by the future U. S. Presidential Candidate - Wisconsin Governor Tommy Thompson, Subterfuge and Perjury. Section 242 - Deprivation of rights under Color of Law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any state, territory or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or Laws of the United States. Section 371 - Conspiracy to commit offense of to defraud United States Extortion An agreement between state law enforcement officers and others to extort money from inhabitants of the United States by causing their arrest and imprisonment, without justification by such officers, and under color of state law, constituted a ìCONSPIRACYî to commit an offense against the United States in violation of this section of which Federal District Court has jurisdiction. (Culp v USCA Ark 1942, 131 F 2 d 93). As the American Populace fully aware of continuing ìmisconductî in State and Federal Government ñ as well as Foreign Nations, the following must apply:- Title 18, United States Code ñ Section 1116 Murder or manslaughter of foreign officials, official guests, or internationally protected persons. As noted above, the State of Wisconsin refused this writer Medical Care for my Heart* condition, that they created under the color of law and perjury, and continuing to seize/freeze corporate and 17/20 personal assets to financially refuse medical surgery options for the immediate hospitalization for surgical installation of the needed PACEMAKER. Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under section 1111, 1112, and 1113 of this title, and any such person who is guilty of attempted murder shall be punished for not more than twenty years. For the purposes of this section: ìForeign governmentî means the government of a foreign country, irrespective of recognition by the United States. ìForeign officialî means ñ A Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and, ì Internationally protected personî means- A Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or Any other representative, officer, employee, or agent of the USG, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding. Purpose ñ Intention of this section was to implement fulfillment of obligations of United States under two treaties, and to do so completely. 4. Conspiracy ñ In prosecution for conspiracy to seize and confine a foreign official, government was not required to prove either that all the potential victims were foreign officials or that defendants had the specific intention of seizing foreign officials. 18/20 5. NOTIFICATION OF OFFICIALS Although regulation requires the Chief of Protocol of the State Department to maintain roster of names of persons who have been duly notified to the United States as officers or employees of foreign governments, the maintenance of such roster is not a condition precedent to effective notification of foreign official to the United States, for purposes of this section. As before your good offices is authorized to DEBIT our Suisse Corporate Account No. 70849 at Banque SCS Alliance, Geneve, Switzerland for Suisse francs 10,000 and CREDIT per original bank instructions, Deputy White House Counsel Vincent Foster, Jr. fiduciary account at Credit Suisse Banque for the amount of USDollars 125,000.00, under Ms Elaine Guiraud fiduciary signatory control on behalf of the Suisse controlled ñ FGI Fiduciarie-conseil operations, Lausanne. Please prepare the suggested proxy to commence Legal Action against the Canton of Vaud, Switzerand. Please notify the Police de Surete of the unreturned 6í940 franc suisses, as well as other personal belongings and corporate/USGovernment documentation. All of my USGovernment actions, including the U.S.S.R. ruble currency affair were carried out with the full knowledge of my superiors. I personally do not intend to be fraudulently used as a Human Sacrifice to deny and cover-up the working knowledge and shared responsibility of others. Now without any doubt, we have a conscious USGovernment policy of ignoring reality. The American Public needs to learn what is really happening in the United States and the Sovereign State of Wisconsin, so that Civil Tax Laws can be accountable to a large and informed public, and not just generated lawlessly by delusional tax agents, whose judgments are colored by their personal needs and biases, under the color of law. To forcibly DRUG and IMPRISON me to collect unknown corporate and personal non-residency income taxes is grossly CRIMINAL, as well as a direct violation of my United States Constitutional, Civil and Diplomatic Rights. Once upon a time, ì a decision which has long been regarded as the special province of the Executive Branchî - charged by the U. S. Constitution to ì TAKE CARE THAT THE LAWS BE FAITHFLLY EXECUTED.î 19/20 [U. S. Const., Art II, Sec 3, Id at 832, 105 S ct at 1656. See also Powell v Katzenbach, 359 F 2d 234 (1965) cert denied 384 U. S. 906, 86 S ct 1341, 16 L Ed 2d 359 (1966)] The overall cost of closing your eyes to the State of Wisconsinís Corruption and Tax Conspiracy by acts of kidnapping/abduction on foreign sovereign soil is beyond American traditions of Due Process and Equal Protection under our United States Constitution, certainly exposing the Clinton Administration complicity and open endorsement. I was led to believe that at one time, our United States of America President William Jefferson Clinton had both the moral standing and the Presidential means to ì back upî our U. S. Constitution, our Civil Rights, and Guarded Privileges, under his personal World Leadership, based on our USG sanctioned ì De-stabilization of the Evil Empire.î May God save our Great Nation from inner destruction and Misuse and Abuse of Power, contrary to our Democratic Rule of Law and the U. S. Constitution. Respectfully yours, AmeriTrust Corporation, Inc. By: _______________________________________________ Leo Emil Wanta, Chairman and Chief Executive Officer LEW:wien.ops/M418.end ----- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, All My Relations. Omnia Bona Bonis, Adieu, Adios, Aloha. Amen. Roads End <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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