Paul Andrew Mitchell, B.A., M.S.
c/o 501 West Broadway, #A-332
San Diego 92101
CALIFORNIA, USA
All Rights Reserved
without Prejudice
District Court of the United States
Eastern Judicial District of Washington
In re: Subpoenas [sic] Directed to ) No. CS-03-232-CI
Russell M. MacDonald, D.C., )
Individually and as Trustee of ) VERIFIED CRIMINAL COMPLAINT
Desert Health Trust and ) ON INFORMATION:
Generations Enterprises Trust, )
and Rene C. MacDonald, his spouse, ) 18 U.S.C. 4, 912, 3231;
) 28 U.S.C. 530B, 1746.
[Martin E. Longner v. Desert )
Health Trust dated April 1, 2004, )
et al., CIV-02-698-PCT-VAM, )
a case pending in the U.S. )
District Court for the District )
of Arizona, Prescott Division] )
___________________________________)
COMES NOW Paul Andrew Mitchell, Citizen of California, Private Attorney General and qualified Federal Witness (hereinafter “Complainant”), appearing specially before a qualified Article III federal judge, pursuant to the federal statute at 18 U.S.C. 4, to report and serve this, His VERIFIED CRIMINAL COMPLAINT ON INFORMATION against the following named individual.
Complainant hereby formally charges:
Jennifer A. Giaimo with:
(1) knowingly and willfully using a false writing or document, knowing the same to contain a materially false, fictitious or fraudulent statement or entry, in violation of the federal criminal statute at 18 U.S.C. 1001 (one count);
(2) willful misrepresentation of the UNITED STATES OF AMERICA [sic] in violation of the McDade Act at 28 U.S.C. 530B (one or more counts); and,
(3) impersonating an executive officer of the United States by attempting to represent the UNITED STATES OF AMERICA [sic] without the Oath of Office and Delegation of Authority required by Law of a Trial Attorney employed by the Tax Division of the Department of Justice in Washington, D.C., in violation of the federal criminal statute at 18 U.S.C. 912 (one count).
On March 31, 2003 A.D., Complainant executed and submitted a proper and lawful request under the Freedom of Information Act for certain required credentials including Jennifer A. Giaimo’s Appointment Affidavit, Oath of Office and Appointment Letter appointing Jennifer A. Giaimo to the position of Trial Attorney and delegating power of attorney to Jennifer A. Giaimo to represent the UNITED STATES OF AMERICA [sic] in federal courts.
See Attachment “A” which is hereby incorporated by reference as if set forth fully here.
On April 21, 2003 A.D., Complainant executed and submitted a proper and lawful appeal under the Freedom of Information Act for said credentials.
See Attachment “B” which is hereby incorporated by reference as if set forth fully here.
On May 8, 2003 A.D., Complainant executed and mailed a FINAL NOTICE AND DEMAND FOR CREDENTIALS REQUIRED BY LAW to Jennifer A. Giaimo in the U.S. Department of Justice at P.O. Box 683, Ben Franklin Station, Washington 20044-0683, DISTRICT OF COLUMBIA, USA.
See Attachment “C” which is hereby incorporated by reference as if set forth fully here.
On June 2, 2003 A.D., Complainant executed and mailed a NOTICE OF CRIMINAL INVESTIGATION to Jennifer A. Giaimo, at the location stated above.
See Attachment “D” which is hereby incorporated by reference as if set forth fully here.
And, on June 16, 2003 A.D., Complainant executed and mailed a NOTICE OF INTENT TO FILE VERIFIED CRIMINAL COMPLAINT to Jennifer A. Giaimo, at the same location.
See Attachment “E” which is hereby incorporated by reference as if set forth fully here.
To date, Complainant has never received any valid or properly executed Appointment Affidavit, also known as Office of Personnel Management (“OPM”) Form 61, for Jennifer A. Giaimo.
To date, Complainant has never received any valid or properly executed Oath of Office for Jennifer A. Giaimo, as required by the Oath of Office Clause in the Constitution for the United States of America, as lawfully amended, and also by the federal statute at 5 U.S.C. 3331.
To date, Complainant has never received any valid or properly executed Appointment Letter appointing Jennifer A. Giaimo to the position of Trial Attorney, and delegating power of attorney to Jennifer A. Giaimo to represent the UNITED STATES OF AMERICA [sic] in federal courts.
Complainant is a qualified Private Attorney General under the federal statute at 18 U.S.C. 1964(a).
Complainant is also a qualified Federal Witness under the federal criminal statutes at 18 U.S.C. 1512 and 1513.
Complainant has reviewed the pertinent court cases and other authoritative documentation holding that neither relevance nor materiality is required to be demonstrated in a proper request submitted under the Freedom of Information Act. See 5 U.S.C. 552.
Complainant has also carefully studied the Citizen’s Guide to the Freedom of Information Act and the Privacy Act, 1993 Edition, as previously published by the Government Printing Office in Washington, D.C.
During that careful study, Complainant understood said Citizen’s Guide to establish that all administrative remedies are exhausted if the requested documents are not produced within the statutory deadline established for replies to a properly submitted FOIA request and appeal.
The federal criminal statute at 18 U.S.C. 4 requires Complainant to report all federal felony offenses to a judge of the United States. Violations of 18 U.S.C. 912 are felony federal offenses.
For all of the reasons stated above, Complainant believes that sufficient probable cause exists to charge the above named individual with the federal offenses enumerated above.
This concludes Complainant’s AFFIDAVIT OF PROBABLE CAUSE in the above entitled matter, at the present time.
Complainant reserves His fundamental Right to amend this VERIFIED CRIMINAL COMPLAINT ON INFORMATION, at times and places of His own choosing.
REQUEST FOR FEDERAL GRAND JURY
INVESTIGATION
Complainant hereby invokes the federal criminal statute at 18 U.S.C. 1504, to wit:
Nothing in this section shall be construed to prohibit the communication of a request to appear before the grand jury.
Complainant specifically requests a formal investigation by a lawfully convened federal grand jury into the formal charges made herein.
VERIFICATION
The Undersigned hereby verifies, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause in the Constitution for the United States of America, as lawfully amended (Constitution, Laws and Treaties are all the supreme Law of this Land).
Dated: July 22, 2003 A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________
Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris
Attachment “A”
Attachment “B”
Attachment “C”
Attachment “D”
Attachment “E”
PROOF OF SERVICE
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):
VERIFIED CRIMINAL
COMPLAINT
ON INFORMATION:
18 U.S.C. 4, 912, 3231;
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 (2x)
District Court of the United States (Article III)
920 West Riverside
Spokane 99201-1008
WASHINGTON STATE, USA
Clerk of Court (2x)
United States District Court (Article IV)
Sandra Day O’Connor U.S. Courthouse, Suite 130
401 West Washington Street, SPC1
Phoenix 85003-2118
ARIZONA, USA
Jennifer A. Giaimo Paul K. Charlton
c/o Tax Division c/o Office of the U.S. Attorney
U.S. Department of Justice District of Arizona
P.O. Box 683 Two Renaissance Square
Ben Franklin Station 40 North Central, Suite 1200
Washington 20044-0683 Phoenix 85004-4408
DISTRICT OF COLUMBIA, USA ARIZONA, USA
Dated: July 22, 2003 A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________
Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris