AFFIDAVIT OF PROBABLE CAUSE
c/o 2509 N. Campbell, #1776
Tucson [zip code exempt]
ARIZONA REPUBLIC
April 5, 1997
Carolyn Emerine, Program Director
Pima County Attorney's Office
32 North Stone, #1400
Tucson, Arizona state
Subject: New Life Health Center Company
Dear Ms. Emerine:
I have probable cause to believe that I was victimized by a
small, white collar racket in Tucson, Arizona state, during
calendar years 1996 and 1997. In the spring of 1996, a local
Tucson health food chain hired Me to defend them against a
federal grand jury subpoena for company records. I was then
appointed to the position of Vice President for Legal Affairs,
and that appointment was presented to the United States District
Court in Tucson as a bona fide document. A similar document was
presented to that Court as a bona fide non-disclosure contract
barring the General Manager from disclosing company records
without prior written authorization of the company's Trustee;
criminal liability attached to any violations of that non-
disclosure contract.
What I did not know at that time was that the "Trustee" who
allegedly signed these documents appears to be nothing more than
a rubber stamp. I have made numerous attempts to locate this
"Trustee," to no avail. When I first brought My suspicion in
this regard to the attention of the company's accountant, Mr.
Neil Thomas Nordbrock, I was abruptly terminated one month later
from My position as Vice President for Legal Affairs. I was also
thrown out of the office I was given to work, and the General
Manager went so far as to pry into My private whereabouts, I
believe, because he wanted Me to leave town.
The rubber stamp trustee raises several serious questions of
law, including the high probability of fraud, perjury, and
contempt of court for the two documents which were presented to
federal district court as bona fide documents, "signed" by the
company Trustee. Also, the General Manager has been "signing" an
untold number of regular business checks with this rubber stamp.
Last but not least, I witnessed the General Manager culling
checks from the records which he was required to disclose to the
federal grand jury, I believe because he had been spending (co-
mingling) considerable amounts of trust money on personal
luxuries, such as expensive South American macaw birds, and new
cars and trucks every year or so.
Affidavit of Probable Cause in re: New Life Health Center:
Page 1 of 6
Not only do I believe that this is a clear case of wrongful
termination from My position as Vice President for Legal Affairs,
which is cause for a major civil action which I am now
contemplating; I also believe that the record supports a finding
of probable cause that the General Manager and his accountant are
conspiring to commit fraud, mail fraud, perjury, and contempt of
court with their use of a phony company trustee, who is nothing
more than a rubber stamp, controlled and liberally used by the
company's General Manager whenever the need, or occasion, should
arise. If employees or other workers should get too close to
this fraud, they are thrown out into the street.
Attached to this AFFIDAVIT OF PROBABLE CAUSE is a signed
copy of My THIRD NOTICE AND DEMAND, dated January 3, 1997, to the
General Manager, Dr. Eugene A. Burns, D.C., N.D. This NOTICE AND
DEMAND is just one of the many documents which I currently have
in My possession and control, which substantiate the facts which
I have stated to you in this AFFIDAVIT OF PROBABLE CAUSE.
VERIFICATION
The Undersigned hereby verifies, under penalty of perjury, under
the law of the United States of America, without the "United
States", that the above statement of facts 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).
Executed on: April 5, 1997
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
attachment: THIRD NOTICE AND DEMAND, incorporated by reference
as if set forth fully herein
Affidavit of Probable Cause in re: New Life Health Center:
Page 2 of 6
First Class U.S. Mail c/o 2509 N. Campbell, #1776
Tucson [zip code exempt]
ARIZONA REPUBLIC
January 3, 1997
Dr. Eugene A. Burns, D.C., N.D. [sic]
New Life Health Center Company
4500 E. Speedway, Suite #27
Tucson [zip code exempt]
ARIZONA REPUBLIC
Subject: Wrongful Discharge
THIRD NOTICE AND DEMAND
Dear Gene:
This is a formal notice to You that I have vacated the
business office which the Trust was providing to Me at the above
location. I have left the two office keys on the shelves mounted
on the wall adjacent to the office hallway, next to the
refrigerator. I have given Susan Shew Your copy of Black's Law
Dictionary and the three volumes on banking law which You
purchased (one 3-ring binder was never shipped by the publisher).
If You are missing anything else, please let Me know in writing
at once, and I will return it immediately if I agree that it is
Yours and if I took it by mistake when I had to move out on such
short notice.
This is also My formal demand that You perform Your
obligations to Me in My capacity as Vice President for Legal
Affairs of New Life Health Center Company. The following
compensation is due to Me:
last pay check, dated 6/30/96, was $300.00,
which is $200.00 short of My last full paycheck $200.00
pay due for period 7-1-96 to 7-8-96 $500.00
pay due for period 7-8-96 to 7-15-96 $500.00
pay due for period 7-15-96 to 7-22-96 $500.00
pay due for period 7-22-96 to 7-25-96
(pro rated 4/5 x $500.00) $400.00
-------
Subtotal: $2,100.00
Affidavit of Probable Cause in re: New Life Health Center:
Page 3 of 6
I also demand that You compensate Me for the following
unspecified damages:
1. You violated the non-disclosure agreement which You had
with the Trust, and were fully aware when You signed it
that criminal liability attached to violations of said
agreement. You filed this non-disclosure agreement in
the United States District Court in Tucson, Arizona,
under penalty of perjury, and utilized it as an
argument justifying Your refusal to disclose records to
a federal grand jury.
2. My fundamental Right to privacy was also violated when
You violated the Trust's non-disclosure agreement.
3. You were negligent for failing to provide Me with the
option to disclose My cancelled pay checks, or not to
disclose them, to outside persons. In Tim's presence,
I witnessed You culling cancelled checks which You felt
would incriminate You before a federal grand jury,
because of trust funds which You co-mingled with Your
personal account(s) for Your own personal benefit.
4. My discharge was arbitrary, capricious, and just plain
wrong, because You and others around You blamed Me for
the consequences that resulted from Your failure to
appear in court, and Your decision to surrender to the
FBI with a bar member over My objections and/or when I
was in-flight on Your behalf to the Ninth Circuit Court
of Appeals. You complained that I was "out of touch"
when I was at 35,000 feet en route to San Francisco, to
file pleadings for Your Emergency Motion.
5. As a consequence of the painful and unnecessary ill
will which resulted from Your actions described in 4.
above, My professional reputation has been damaged
because of the requirement that I now explain why My
tenure at the Trust was terminated so abruptly,
arbitrarily, capriciously, and wrongfully.
6. In front of three witnesses, You openly admitted that
You were considering a guilty plea in anticipation of a
federal grand jury indictment. In light of all the
conclusive evidence which I presented to You to prove
that there are no federal income tax statutes to
violate (e.g. IRC 7851(a)(6)(A)), You must have had
some other criminal statute(s) in mind. I reserve My
Right to hold You personally liable to Me for all the
unnecessary pain and suffering which Your admission has
caused to Me.
7. You agreed to pursue the Petition for a Rehearing En
Banc and, upon that agreement, I proceeded to prepare
the necessary Petition to the Ninth Circuit, which You
then decided not to file. This had the consequence of
destroying most, if not all, of the legal foundation
which I had prepared on behalf of the Trust and other
American People similarly situated, preventing other
Trust officers, all other co-workers, and the American
People in general from ever enjoying the benefits of
that foundation, which was prepared as much for Them as
it was for You.
Affidavit of Probable Cause in re: New Life Health Center:
Page 4 of 6
8. You aided and abetted in an act of wire fraud upon Me,
when You allowed Susan Shew to use My name, without any
signature, on a work order which She faxed from her
home to E-Z Messenger Service, and then You made
excuses for her failure to get prior permission from Me
to use My name in that fashion. When I attempted to
investigate this wire fraud by presenting You with
written evidence of it, You fell silent.
9. You discharged Me without the benefit of a termination
notice from the Trustee of New Life Health Center
Company, making it necessary for Me to question whether
or not You had any authority to do so. My appointment
contract was signed by the Trustee, so I am entitled to
proceed on the basis of this proof that only the
Trustee had authority to hire and fire officers of the
Trust.
10. I am currently entitled to two percent (2%) of the
gross revenues to be derived from Internet sales of New
Life Health Center's products and services, because of
the agreement which You made with Me to that end, and
because My computer expertise helped to open that
opportunity for the Trust. I must proceed on the basis
of the presumption that the Trust now has no intention
of ever performing under this agreement, resulting in
further damages still to Me.
11. You violated My fundamental Right to personal privacy
when you stated that I had not been using the
condominium which you helped Me to rent, and you
demanded that I disclose my "plans" to you and the
landlord, Neal Manning, at once. This put Me under a
cruel and unusual punishment, on top of the wrongful
discharge and the demand that I vacate the Trust's
business office. Was it Your intention to throw Me out
onto the street and, if so, for what specific conduct
by Me?
12. I must now waste the set of business cards which I had
printed at My own expense, because they exhibit fax and
telephone numbers which are in Your business office.
I will look forward to knowing that the federal grand jury
in the matter of New Life Health Center Company has decided
against issuing any indictments against You or the Trust, in
large part because of all the many overtime hours of difficult
and productive work which I performed on behalf of You, Your
Spouse, and the Trust.
As you already know, this work is now a matter of official
record in the United States District Court, Judicial District of
Arizona, Tucson, U.S.D.C. Case Number #GJ-95-1-6-JMR, Appeal
Number #96-16145, and the Federal Bureau of Investigation in
Phoenix, Arizona.
Affidavit of Probable Cause in re: New Life Health Center:
Page 5 of 6
For the record, I hope you will tell the truth about the
many times You complimented Me for all that work, and encouraged
Me to continue with the chosen strategy, particularly while that
work was being done in Your presence and under Your direct and
immediate supervision.
NOTICE OF DEADLINE
If, within ten (10) calendar days, I do not receive from You
a written offer of compensation and compromise for all of the
damages which I have sustained to date and which are itemized
above, I will take appropriate action to enforce My Rights.
VERIFICATION
I hereby certify, under penalty of perjury, under the laws
of the United States of America, without the "United States",
that the above statement of facts is true and correct, to the
best of My current information, knowledge, and belief, so help Me
God and pursuant to 28 U.S.C. 1746(1).
Thank You for Your cooperation and consideration.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state,
Counselor at Law, and federal witness
All Rights Reserved without Prejudice
email: supremelawfirm@altavista.net
website: http://supremelaw.com
copies: Neil Nordbrock, witness
Sheryl Smith [sic], Trustee, New Life Health Center
Richard Rineer, New Life Health Center
Susan Shew, New Life Health Center
Martha Rosenau, former worker
Tim Hay, computer consultant
Larry Stevens, current worker
litigation files
Affidavit of Probable Cause in re: New Life Health Center:
Page 6 of 6
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Mitchell v. Nordbrock