Paul
Andrew Mitchell, B.A., M.S.
c/o
Trustee
P.O.
Box 3097
Winston
97496
Oregon,
USA
In Propria
Persona
United States District Court
Western District of Missouri
Southern Division /
Springfield
United
States ) Case No. 14-3506-CV-S-MDH-P
ex relatione )
Paul
Andrew Mitchell, ) VERIFIED CRIMINAL
COMPLAINT,
) ON
INFORMATION:
Civil Cross-Plaintiff, )
) 18 U.S.C. 4, 241, 242, 1341;
v. ) OR Rev. Stat. 135.733; and,
) FREV Rule 201(c)(2).
Nancy
Dell Freudenthal, )
Stephan
Harris, )
L.
Robert Murray, )
Linda
Sanders, )
Scott
W. Skavdahl )
Kelly
H. Rankin, )
Christopher
Crofts, and )
Does
5 thru 100, )
)
Civil
Cross-Defendants. )
_________________________________)
Comes now
the United States ex rel. Paul Andrew
Mitchell, B.A., M.S., Citizen of Oregon State (expressly not a federal
citizen), Private Attorney General under the Civil RICO statute at 18 U.S.C.
1964 and Agent of the United States as Qui
Tam Relator under the False Claims Act at 31
U.S.C. 3729 et seq., to request
mandatory judicial notice by this honorable Court of the instant VERIFIED
CRIMINAL COMPLAINT, ON INFORMATION, pursuant to Rule 201(c)(2) of the Federal
Rules of Evidence (“FREV”), and to provide formal notice of same
to all interested Party(s), whereby Relator formally
charges:
Peter A. DeFazio with:
(1) commission
of a felony, during the ten (10) years commencing March 1, 2007 A.D., by placing in a post office, or in
an authorized depository for mail, matter to be sent and delivered by the
Postal Service, for the purposes of executing a scheme or artifice to defraud
and of obtaining money by means of false and fraudulent pretenses,
representations or promises, after having devised or intended to devise said
scheme or artifice to defraud and to obtain money by means of false and
fraudulent pretenses, representations or promises, in violation of the Federal
criminal statute at 18 U.S.C. 1341
(one or more counts);
(2) commission
of a misdemeanor by willfully subjecting Relator to
the deprivation of His Fundamental Rights to officers
and employees of the United States who are bound by Oath or Affirmation to support
the Constitution for the United States of America, as required by Article VI, Clause 3
in said Constitution and by the Federal statute at 5 U.S.C. 3331,
and to be free from unlawful attacks on His honor and reputation and to the
protection of the law against all such attacks, as guaranteed by the Universal Declaration of
Human Rights and the International Covenant on
Civil and Political Rights, all under color of laws, statutes,
ordinances, regulations or customs, in violation of the Federal criminal
statute at 18 U.S.C. 242
(one or more counts) and Oregon Revised
Statutes section 135.733 (2015) (one or more counts);
(3) commission
of a felony by conspiring with one or more of the others charged in related
Docket #14-3460-CV-S-MDH-P
to injure, oppress, threaten or intimidate Relator in
the free exercise and full enjoyment of His Fundamental Rights to officers and employees of the United States who are bound
by Oath or Affirmation to support the Constitution for the United States of
America, as required by Article VI, Clause 3
in said Constitution and by the Federal statute at 5 U.S.C. 3331,
and because of His having so exercised and attempted to exercise the
same Rights, and to be free from unlawful attacks on
His honor and reputation and to the protection of the law against all such
attacks, as guaranteed by the Universal Declaration of
Human Rights and the International Covenant on
Civil and Political Rights, all in violation of the Federal
criminal statute at 18 U.S.C. 241
(one or more counts) and Oregon Revised
Statutes section 135.733
(2015) (one or more counts).
AFFIDAVIT OF PROBABLE CAUSE
On or about
August 15, 2016 A.D., I received an
email message from one of the two (2) Trustees of my private estate. That email message stated in pertinent
part: “Paul just received this in the mail ....” Attached to that email message was a digital
photograph of a letter dated August 12, 2016 and signed by PETER DeFAZIO [sic]
Member of Congress. The latter letter
stated in pertinent part:
“Reputable online media resources state ...
Paul Andrew Mitchell was found mentally incompetent to go to trial and federal
charges were dismissed.”
INCORPORATION
OF ATTACHED DOCUMENTS
In
support of the instant VERIFIED CRIMINAL COMPLAINT, ON INFORMATION, Relator hereby attaches a true and correct copy of the
following documents, and incorporates same by reference to all Attachments infra, as if set forth fully here:
(1)
REQUEST
FOR NEUTRAL ARBITRATION dated June 29, 2016 A.D.;
(2)
Letter
from Gary Leif to Congressman DeFazio dated July 26, 2016;
(3)
Letter
from PETER DeFAZIO [sic] Member of Congress to Paul Mitchell dated August 3, 2016;
(4)
Press Release
entitled “Oregon’s Douglas County Commissioner-Elect Gary Leif Writes to U.S.
Rep. DeFazio in Support of Federal Tort Claims” dated August 3, 2016 A.D.;
(5)
Privacy
Act release signed by Paul Mitchell on 8/8/2016;
(6)
Letter
from Trustee, Estate of Paul Andrew Mitchell, B.A., M.S. to Peter DeFazio,
dated August 15, 2016 A.D.;
(7)
Press
Release entitled “IRS Office of Chief Counsel Now Obstructing a Federal
Tort Claim after Protecting Lois Lerner” dated September 21, 2016 A.D.;
(8)
Set of documents with cover page entitled “EVIDENCE:
DO NOT DESTROY” date-stamped “RECEIVED Oct. 5, 2016 Peter A. DeFazio M.C.,
Eugene, OR”;
(9)
Letter
from Paul Andrew Mitchell, B.A., M.S., Damaged Party, to Mr. DeFazio dated
10/8/2016 A.D.;
(10)
“JW
Obtains IRS Documents Showing Lerner in Contact With DOJ about Potential
Prosecution of Tax-Exempt Groups,” dated April 16, 2014; and,
(11)
“ELEMENTS OF LIBEL IN
OREGON,” by Cynthia Hodges, J.D. LL.M, M.A. (as quoted in full supra).
PARTIAL
MEMORANDUM OF LAW
Relator now
incorporates the following short article entitled “ELEMENTS OF LIBEL IN
OREGON,” by Cynthia Hodges, J.D., LL.M, M.A., as
published at the following Internet address:
http://cynthiahodges.com/law/pages/libel.html
The Oregon Bar defines libel as “communicating a
defamatory statement by writing or picture.”
Oregon State Bar, “Libel and Slander” at http://www.osbar.org/public/legalinfo/1186.htm.
Likewise, case law has defined libel as “a malicious
defamation, made public either by printing, painting, writing, signs or
pictures, tending to blacken the ... reputation of one who is living, and to
expose him to public hatred, contempt or ridicule.” Willetts v. Scudder, 72 Ore. 535, 541 (Or. 1914).
The elements for libel in Oregon appear to be that
the plaintiff must prove:
(1)
a
false and defamatory statement about the plaintiff was made;
(2)
which
was an unprivileged publication to a third party;
(3)
the
defendant acted intentionally or negligently;
and
(4)
damages.
False and defamatory
statement
The Oregon State Bar defines defamation as “a false
statement communicated to another person that damages [one’s] reputation by
exposing [one] to hatred, contempt, or ridicule from other people.” Oregon
State Bar, “Libel and Slander” at http://www.osbar.org/public/legalinfo/1186.htm. “A communication is defamatory if it tends so
to harm the reputation of another as to lower him in the estimation of the
community or to deter third persons from associating or dealing with
him." Beecher v. Montgomery Ward
& Co., 267 Ore. 496, 499-500 (Or. 1973).
Published to a third party
“Publication is an essential element of the tort of
libel.” Morrow v. II
Morrow, Inc., 139 Ore. App. 212, 218 (Or. Ct. App. 1996).
“'Publication,' ... includes any communication by the defendant to a third
person.” Morrow v.
II Morrow, Inc., 139 Ore. App. 212, 220-221 (Or. Ct. App. 1996).
“The plaintiff is entitled to recover if he can show
the defamatory words were understood as referring to him by persons who knew
him, or if the words are such that the world would apply them to the
plaintiff." Patzer v. Liberty
Communications, Inc., 58 Ore. App. 679, 682 (Or. Ct. App. 1982).
Intentional or negligent
action
“Publication of defamatory matter is its
communication intentionally or by a negligent act to one other than the person
defamed." Morrow
v. II Morrow, Inc., 139 Ore. App. 212, 218 (Or. Ct. App. 1996).
A “presumption of malice and of general damage to
reputation arises from the making of the defamation alone, and direct proof of
culpability on the part of the defendant is unnecessary.” Bank of Oregon v.
Independent News, 65 Ore. App. 29, 31 (Or. Ct. App. 1983). “The standard of care for those allegedly
defamatory statements that require proof of negligence should be ordinary
negligence ...” Bank
of Oregon v. Independent News, 298 Ore. 434, 445 (Or. 1985).
Damages
“In a libel claim, the plaintiff need not allege or
prove special damages. ‘If the communication was capable of a defamatory
meaning and was so understood by the recipients, damage is assumed although no
special harm or loss of reputation results therefrom.’" C.A.R. Tow, Inc. v. Corwin, see also 76 Ore.
App. 192, 195 (Or. Ct. App. 1985), Balsiger
v. American Steel & Supply Co., 254 Ore. 204, 210 (Or. 1969). Courts are “committed to the rule...[that]
‘One who falsely, and without a privilege to do so, publishes matter defamatory
to another in such a manner as to make the publication a libel is liable to the
other although no special harm or loss of reputation results therefrom.’" Beecher
v. Montgomery Ward & Co., 267 Ore. 496, 501 (Or. 1973), see also Harley-Davidson
Motorsports, Inc. v. Markley, 279 Ore. 361, 364 (Or. 1977).
VERIFICATION
I, Paul Andrew Mitchell,
B.A., M.S., Sui Juris,
Citizen of Oregon, Private Attorney General and Agent of the United States as a
Qui Tam Relator,
hereby verify under penalty of perjury, under the laws of the United States of
America, without (outside) the “United States” (federal government), that the
above statements of facts and laws is true and correct according the best of my
current information, knowledge and belief, so help me God, pursuant to 28
U.S.C. 1746(1): the Constitution, Law
and Treaties of the United States (federal government) are the supreme Law of
the Land. See Supremacy Clause.
Dated:
February 27, 2017 A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________________________
Printed: Paul Andrew Mitchell, Relator/Petitioner
In Propria Persona
I,
Paul Andrew Mitchell, Sui Juris, hereby
certify, under penalty of perjury, under the laws of the United States of
America, without the “United States” (federal government), that I am
at least 18 years of age, a Citizen of ONE OF
the United States of America, and that I personally served the following
document(s):
18 U.S.C. 4, 241, 242, 1341;
OR Rev. Stat. 135.733; and,
FREV Rule 201(c)(2)
by placing one true and correct copy of
said document(s) in first class United States Mail, with postage prepaid and
properly addressed to the following:
Clerk
of Court
U.S.
District Court
400
East Ninth Street, Room 1510
Kansas
City 64106
Missouri,
USA
Nancy Dell Freudenthal
c/o
Clerk of Court
2120
Capitol Avenue, Room 2131
Cheyenne
82001-3658
Wyoming,
USA
Scott W. Skavdahl
c/o
Clerk of Court
2120
Capitol Avenue, Room 2131
Cheyenne
82001-3658
Wyoming,
USA
Kelly H. Rankin
c/o
Clerk of Court
2120
Capitol Avenue, Room 2131
Cheyenne
82001-3658
Wyoming,
USA
Stephan Harris
c/o
Clerk of Court
2120
Capitol Avenue, Room 2131
Cheyenne
82001-3658
Wyoming,
USA
L. Robert Murray
c/o
Office of U.S. Attorney
Post
Office Box 668
Cheyenne
82003-0668
Wyoming,
USA
Christopher Crofts
c/o
Office of U.S. Attorney
Post
Office Box 668
Cheyenne
82003-0668
Wyoming,
USA
Linda Sanders
c/o
Office of Warden
U.S.
Medical Center for Federal Prisoners
1900
West Sunshine Street
Springfield
65807
Missouri,
USA
[Please
see USPS Publication #221 for “addressing” instructions.]
Dated: February 27, 2017
A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________________________
Printed: Paul Andrew Mitchell, Relator/Petitioner
In Propria Persona
http://supremelaw.org/cc/hill/tort.claim/defazio/arbitration.htm
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http://supremelaw.org/press/rels/leif.to.defazio.htm
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http://supremelaw.org/cc/hill/tort.claim/defazio/letter.2016-08-15/objection.cease.and.desist.htm
http://supremelaw.org/press/rels/tort.claim.obstruction.htm
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http://supremelaw.org/cc/hill/tort.claim/lerner/JW1559-000183.pdf
http://supremelaw.org/cc/hill/tort.claim/lerner/irs.scandal.gets.worse.pdf
http://supremelaw.org/cc/hill/tort.claim/lerner/irs.doj.prosecution.plan.pdf
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[EDIT: links to DeFazio evidence page08 thru page12 supra are available here:
http://supremelaw.org/cc/hill/tort.claim/defazio/vcc/transmittal.2.htm
]
http://supremelaw.org/cc/hill/tort.claim/defazio/letter.2016-10-08/question.re.jw.htm
http://supremelaw.org/cc/hill/tort.claim/lerner/irs.contacts.doj.re.prosecution.pdf