Certified U.S. Mail c/o 2509 N. Campbell, #1776 Serial Number #P-476-653-250 Tucson, Arizona state Return Receipt Requested zip code exempt Restricted Delivery Requested June 15, 1996 CONSTRUCTIVE NOTICE AND DEMAND Mr. Robert A. Johnson 3225 North Central Avenue, Suite 1500 Phoenix, Arizona state zip code exempt Dear Mr. Johnson: This is to inform you that you have been implicated in barratry, fraud, extortion, and criminal conspiracy because of verified statements of fact which have been made in the JOINT AFFIDAVIT OF DR. AND MRS. EUGENE BURNS AND DR. AND MRS. SHELDON DEAL, which was executed and filed on behalf on the Company In re: Grand Jury Subpoena Served on New Life Health Center Company, U.S. District Court Case No. GJ-95-1-6, Tucson, Arizona. You will have at most thirty (30) calendar days, as of the above date, to file any verified affidavit(s) of rebuttal to this AFFIDAVIT, a copy of which is attached hereto for your convenience. Under applicable rules of the Common Law, which have been formally invoked in this case, your failure to rebut said AFFIDAVIT will render it conclusive fact and the truth of the case for all time. Silence creates estoppel by acquiescence. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. ... We cannot condone this shocking conduct by the IRS. Our revenue system is based upon the good faith of the taxpayers and the taxpayers should be able to expect the same from government in its enforcement and collection activities.... This sort of deception will not be tolerated and if this is the "routine" it should be corrected immediately. [U. S. v. Tweel, 550 F.2d 297, 299 (1977)] [quoting U.S. v. Prudden, 424 F.2d 1021, 1032 (1970)] [emphasis added] Silence is a species of conduct, and constitutes an implied representation of the existence of the state of facts in question, and the estoppel is accordingly a species of estoppel by misrepresentation. [cite omitted] When silence is of such a character and under such circumstances that it would become a fraud upon the other party to permit the party who has kept silent to deny what his silence has induced the other to believe and act upon, it will operate as an estoppel. [Carmine v. Bowen, 64 A. 932 (1906), emphasis added] Pleased be advised that the Company and its officers and co- workers have explicitly reserved their right to have a jury of peers resolve controversies of fact and law in this case. Thank you very much in advance for your cooperation. The clock is now running. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state email: supremelawfirm@altavista.net website: http://supremelaw.com copies: Judge John M. Roll, U.S. District Court, Tucson Judge Alex Kozinski, Ninth Circuit, Pasadena Judge George Nielsen, U.S. Bankruptcy Court, Phoenix Albert M. Rau, Chapter 13 Trustee, Phoenix James J. Everett, former Counsel for Debtors, Phoenix # # #
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In Re Grand Jury Subpoena