CONSTRUCTIVE FRAUD
"Constructive fraud: A contract or act, which, not originating in evil design and contrivance to perpetuate a positive fraud or injury upon other persons, yet, by its necessary tendency to deceive or mislead them, or to violate a public or private confidence, or to impair or injure public interest, is deemed equally reprehensible with positive fraud, and therefore is prohibited by law, ... " Bovier's Law Dictionary - 1856 Edition
"Fraud vitiates the most solemn contracts, documents, and even judgments." i.e. Documents, Constitutions, Court Decisions….. U.S. vs. Throckmorton, 98 U.S. 61
1. The United States went "Bankrupt" in 1933 and was declared so by President Roosevelt by Executive Orders 6073, 6102, 6111, and 6260, (See: Senate Report 93-549, pages 187 & 594) under the "Trading With The Enemy Act" (Sixty-Fifth Congress, Sess. I, Chs. 105, 106, October 6, 1917), and as codified at 12 U.S.C.A. 95a.
2. The several States of the Union then pledged the faith and credit thereof to the aid of the National Government, and formed numerous committees, such as the "Council of State Governments", "Social Security Administration", etc., to purportedly deal with the contrived economic "Emergency" caused by the bankruptcy. These Organizations operated under the "Declaration of Interdependence" of January 22, 1937, and published some of their activities in " Book Of The States."
NOTE: The Council of State Governments has now been absorbed into such things as the "National Conference Of Commissioners On Uniform State Laws", whose Headquarters Office is located at 676 North St. Clair Street, Suite 1700, Chicago, Illinois 60611, and "all" being "members of the Bar", and operating under a different "Constitution and by-laws" has promulgated, lobbied for, passed, adjudicated and ordered the implementation and execution of their purported statutory provisions, to "help implement international treaties of the United States or where world uniformity would be desirable." (See: 1990/1991 Reference Book, National Council of Commissioners on Uniform State Laws, pg. 2)
This is apparently what Robert Bork meant when he wrote "we are governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own." (See: The Tempting Of America, Robert H. Bork, pg. 130)
3. In view of Robert H. Bork's statement, it is more than worthy of note that there is an "Original" 13th Amendment to the U.S. Constitution called the "Title of Nobility" Amendment that reads:
"If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."
4. In January, 1810, Senator Philip Reed of Maryland proposed the "Title of Nobility" Amendment (History of Congress, Proceedings of the Senate, p. 529-530). On April 27, 1810, the Senate voted to pass this 13th Amendment by a vote of 26 to 1; the House resolved in the affirmative 87 to 3; and the resolve was sent to the States for ratification: By Dec. 10, 1812, twelve of the required thirteen States had ratified as follows: Maryland, Dec. 25, 1810; Kentucky, Jan. 31, 1811; Ohio, Jan. 31, 1811; Delaware, Feb. 2, 1811; Pennsylvania, Feb. 6, 1811; New Jersey, Feb. 13, 1811; Vermont, Oct. 24, 1811; Tennessee, Nov. 21, 1811; Georgia, Dec. 13, 1811; North Carolina, Dec. 23, 1811; Massachusetts, Feb. 27, 1812;New Hampshire, Dec. 10, 1812. Before a thirteenth State could ratify, the War of 1812 broke out and interupted this very rapid move for ratification.
On May 13, 1813, the State of Connecticut failed to ratify this original 13th Amendment, leaving it to Virginia to be the required 13th state to ratify. Virginia ratified with the March 12, 1819 publication of the Laws of Virginia. Connecticut then published it in four separate editions of "The Public Statute Laws of the State of Connecticut" as a part of the U.S. Constitution in 1821, 1824, 1835 and 1839. Then, without record or explanation, it mysteriously disappeared from subsequent editions prior to the Civil War between the states. However, printing by a legislature is prima facie evidence of ratification, and it has been found to have been printed as part of the Constitution by many of the other states until after the Civil War and into the Reconstruction period - when it mysteriously disappeared from all subsequent printings, the last official publication found being the 1876 Laws of the Territory of Wyoming Frontis Page, Amendment 13.
5. The Reorganization of the bankruptcy is located in Title 5 of United States Codes Annotated. The "Explanation" at the beginning of 5 U.S.C.A. is most informative reading. The "Secretary of Treasury" was appointed as the "Receiver" in Bankruptcy. (See: Reorganization Plan No. 26, 5 U.S.C.A. 903, Public Law 94-564, Legislative History, pg. 5967) Since a bankrupt loses control over his business, this appointment to the "Office of Receiver" in bankruptcy had to have been made by the "creditors" who are "foreign powers or principals".
6. The United States as Corporator, (22 U.S.C.A. 286E, et seq.) and "State" (C.R.S. 24-36- 104, C.R.S. 24-60-1301(h)) had declared "Insolvency." (See: 26 I.R.C. 165(g)(1), U.C.C. 1-201(23), C.R.S. 39-22--103.5, Westfall vs. Braley, 10 Ohio 188, 75 Am. Dec. 509, Adams vs. Richardson, 337 S.W. 2d 911; Ward vs. Smith, 7 Wall. 447) A permanent state of "Emergency" was instituted, formed and erected within the Union through the contrivance, fraud and avarice of the International Financial Institutions, Organizations, Corporations and Associations, including the Federal Reserve, their "fiscal and depository agent" -- whose member banks are "privately owned corporations". 22 U.S.C.A. 286d
7. The government, by becoming a corporator, (See: 22 U.S.C.A. 286e) lays down its sovereignty and takes on that of a private citizen. It can exercise no power which is not derived from the corporate charter. (See: The Bank of the United States vs. Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr, 309 U.S. 242) The real party in interest is not the de jure "United States of America" or "State", but "The Bank" and "The Fund." (22 U.S.C.A. 286, et seq., C.R.S. 11-60-103) The acts committed under fraud, force and seizures are many times done under "Letters of Marque and Reprisal" i.e. "recapture." (See: 31 U.S.C.A. 5323)
THE BANKRUPTCY HAS NEVER ENDED!
8. On March 17, 1993, on page 1303 of Volume 33 of the Congressional Record, Congressman Traficant stated:
"Mr. Speaker, We are now here in Chapter 11. Members of Congress are official trustees presiding over the greatest reorganization of any bankrupt entity in world history, the U.S. Government."
9. This is an amazing confession as it applies, not only to "Members of Congress," but also to the Secretary of the Treasury as the "Receiver in bankruptcy" and to all state and federal "officials" who act under the de facto authority of that bankrupt Foreign Corporation known as the United States as trustees (foreign agents) for foreign principals. Trustees work for the creditors of a bankruptcy and are agents for foreign principals. In this case the creditors are the Federal Reserve Banks, the International Monetary Fund (the Fund) and the International Bank for Reconstruction and Development (the Bank). (see: Who Is Running America?)
10. It is worthy of note that an Attorney/Representative is required to file a "Foreign Agents Registration Statement" pursuant to 22 U.S.C.A. 611c(1)(iv), 612 & 613), when representing the interests of a Foreign Principal or Power. (See: Rabinowitz vs. Kennedy, 376 U.S. 605, 11 L. Ed. 2d 940, 18 U.S.C.A. 219 & 951)
11. It is said that the economic Crash of '29 and the Great Depression was caused by the Federal Reserve withholding currency from circulation and raising interest rates after an inflationary easy money policy in the early 1920s. The Federal Reserve's fear of excessive speculation led it into a far too deflationary policy in the late 1920s: "destroying the village in order to save it."
The U.S. economy was already past the peak of the business cycle when the stock market crashed in October of 1929. So it looks as though the Federal Reserve did "overdo it"--did raise interest rates too much, and bring on the recession that they had hoped to avoid.
This contrived "emergency" created numerous abuses and usurpations, and abridgments of Constitutionally delegated Powers and Authority as clearly stated in Senate Report 93-549 (1973):
"A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years, [-1820 years now in 113] freedoms and governmental procedures guaranteed by the Constitution have in varying degrees been abridged by laws brought into force by statutes of national emergency."
12. According to American Jurisprudence, 2nd Edition, Sections 71 and 82, NO "emergency" justifies a violation of any Constitutional provision. Arguendo, "Supremacy Clause" and "Separation of Powers." It is clearly admitted in Senate Report No. 93-549 that abridgment has occurred.
FRAUD
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