HELP NEEDED for Daniyl-Yahseph

nana · #1 11-29-2003, 07:49 PM

Hello ladies and gentlemen:

I'm writing on behalf of our brother, Daniyl-Yahseph, member of this forum.& He was arrested Nov. 19, 2003, never showed a warrant (though they said there was), roughed up, hand-cuffed and dragged off to jail.

The docs they finally did show him indicated a grand jury indictment re: filing a fraudulant financial statement.& They don't state UCC, when the FS was filed, regarding whom, etc.& They refuse to tell him WHAT LAW/CODE/STATUTE/ etc. he has broken!!!

My husband and I have been trying to get the proper docs filed to get him discharged.& Now apparently, they have used information from the Parole Board that he is on parole, yet he has a doc that says (dated) his mandatory parole ended in June, 2002.

We are getting ready to file the following:

Petition&to Dismiss

Judicial Notice

Praecipe for Mandatory Judicial Notice of Letter of Underetaking (Bond) and Affidavit of in Support

Praecipe for Disclosure and Production of Evidence

Motion for Bond Forfeiture

There are attachments to some of these like Affidavits of Facts and Information and other docs which Donny-Joe will know to include.

Now, the experience another friend of ours had with these Texas district courts is that the judge hearing DJ's case is the same one that rail-roaded our other friend and denied and threw out everything that&he filed into the court record for consideration.& Ultimately this friend was FORCED to accept whatever they wanted him to accept (against his desires) or be faced with 4-5 years of jail, $10,000 fine, etc. etc. etc.

If they deny these motions of discovery, to dismiss, etc. can there be a petition to a Federal District court that will force the lower court to produce or drop their case?

Anything any of you can share will be terribly appreciated.&

OH YEAH, I forget they have denied him appointment of his own co-counsel.& They're saying he MUST accept a court-appointed STATE BAR attorney.

Thank you for all your help and consideration.

nana

#2 11-29-2003, 08:14 PM

Please send any replies to our e-mail address.& Thank you.

&

Daniyl-Yahseph's wife

&

nana · #3 12-03-2003, 04:36 PM

Wanted to share with everyone the content of the grand jury indictment which says in total:

Charge:& Filing a fraudulant financial instrument

.... on or about the 4th day of August, 2003, and anterior to the presentment of this indictment in the county and state aforesaid, ________ did then and there with intent to defraut or harm another, knowingly present to (clerk of county) for filing a financial statement that the defendant knew was groundless.

&

nana

suijuris · #4 12-03-2003, 05:27 PM

Well, first, they are claiming it is a financial& instrument... and we know that in order for an item to be classified as an such, it must meet certian criteria. So, refer to the state's code on instruments.&I say this because it may very well be that whatever he filed was not in fact a financial instrument. If so, they have charged him with the wrong section of code.

Also, if it was a UCC FS, whom was it filed against? Please provide more details... I am really in the dark on this.

"... ________ did then and there with intent to defraut or harm another"

Another what? His strawman? Or another debtor?

"... knowingly present to (clerk of county) for filing a financial statement that the defendant knew was groundless."

How can they proove&his filing&was groundless, and that he knew it was groundless when he filed it? If it was filed against another debtor, then surely the "defendant" has paperwork to document his position?

Once again, I need more details!

Sui Juris

Ice · #5 12-04-2003, 11:04 AM

It isn't that the copyright process does not work... it is how you go about filing the lien.

Note: He has been charged with filing a "fraudulent financial instrument" but the body of the complaint states that it is a "financial statement".& There is a difference.

The right to private contract, the terms and conditions of that contract and the fact of the execution of that contract are the basis for the above alleged debt for which the "financial statement" was being filed -- correct?& If this is the case -- then the court CANNOT INTERFERE WITH THE PRIVATE CONTRACT.& This might need to be pointed out to the court.& Also, use the objection strategy to take every question to interlocutory appeal.& (Including Jurisdiction.)

Now, please be aware that if they can accuse us of filing false records -- then so can collection agencies.& If a collection agent does not provide verification -- time to file a complaint... why don't we do to them what they do to us?

&

suijuris · #6 12-04-2003, 11:27 AM

Good points Ice, we need to learn how to turn the tables on debt collectors, CRA's, etc.

This case can be fought and won on several levels, one of which is jurisdiction, as Ice mentioned.

And the right to private contract - make sure the judge takes judicial notice of the laws pertaining to the right to contract, etc.