Donald E. Wishart, Sui Juris
Citizen of California State
and Federal Witness [sic]
c/o 5150 Graves Avenue, Suite 12-C
San Jose [ZIP code exempt]
CALIFORNIA, USA
In Propria Persona and
by Special Appearance Only
All Rights Reserved
without Prejudice
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA [sic],
) Case Number CR-00-20227-JF
)
Plaintiff [sic], ) NOTICE OF
MOTION AND
) MOTION TO DISMISS COUNTS
v. )
ONE AND TWO OF INDICTMENT:
)
DONALD E. WISHART [sic], )
) Rule 48(a): Federal Rules of
Defendant [sic] ) Criminal
Procedure (“FRCrP”);
) 77 Stat. 630, P.L.
88-243
________________________________)
COMES NOW Donald E. Wishart, Sui Juris, Citizen of California State, expressly not a “citizen of the United States” [sic], and Defendant in the above entitled matter (hereinafter “Defendant”), to move this honorable Court for an ORDER dismissing COUNTS ONE and TWO of the instant indictment [sic], with prejudice, and to provide formal NOTICE to all interested Parties of same. See 18 U.S.C. 287, 1341.
Under its municipal law enacted as the District of Columbia Uniform Commercial Code (“U.C.C.”), 77 Stat. 630, P.L. 88-243, December 30, 1963, the United States (federal government) cannot hold Defendant liable, either civilly or criminally, for endorsing a “Comptroller Warrant” with the nomenclature “without recourse” [sic].
Parallel language can be found in the California State version of the U.C.C. at UCCA 3415. See also 28 U.S.C. 1652 (State laws as rules of decision).
U.C.C. 3-415 (Obligation of Indorser) stipulates that:
If an indorsement states that it is made without recourse or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) to pay the instrument.
[bold emphasis added]
Accordingly, Defendant has no
liability, civil or criminal. Any
and all liability reverts to the issuer, i.e. LeRoy M. Schweitzer,
because the Comptroller Warrants in question were indorsed by Defendant in
good faith and “without recourse”.
See indictment on page 2, line 23, and on page 3, line 13.
I, Donald E. Wishart, Sui Juris, hereby verify, 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 pari materia with all provisions of Title 28, U.S.C. (Constitution, Laws and Treaties).
Dated: September 14, 2000 A.D.
Respectfully submitted,
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
All Rights Reserved without Prejudice
I, Donald E. Wishart, 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):
NOTICE OF MOTION
AND
ONE AND TWO OF INDICTMENT:
77 Stat. 630, P.L. 88-243
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:
Office of the U.S. Attorney Office of the U.S. Attorney
280 South First Street, Ste. 371 312 North Spring Street
San Jose [ZIP code exempt] Los Angeles [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
U.S. Department of Justice U.S. Department of Justice
Western Criminal Enforcement Sec. West. Criminal Enforcement Sec.
P.O. Box 972, Ben Franklin Stn. P.O Box 972, Ben Franklin Stn.
Washington [ZIP code exempt] Washington [ZIP code exempt]
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Public Defender’s Office
160 West Santa Clara Street, Suite 575
San Jose [ZIP code exempt]
CALIFORNIA, USA
Executed on September 14, 2000 A.D.
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
All Rights Reserved without Prejudice
Federal
Municipal U.C.C. section 3-415:
3-415.
Obligation of Indorser.
(a) Subject to subsections (b), (c), and (d)
and to Section 3-419(d),
if an instrument is dishonored,
an indorser is obliged to pay
the amount due on the instrument
(i) according
to the terms of the instrument
at the time it was indorsed, or
(ii) if
the indorser indorsed an incomplete instrument,
according to its terms when
completed,
to the extent stated in Sections
3-115 and 3-407.
The obligation of the indorser is owed to a
person
entitled to enforce the instrument or
to a subsequent indorser who paid the
instrument
under this section.
(b) If an indorsement states that it is made
without recourse
or otherwise disclaims liability of the
indorser,
the indorser is not liable under subsection
(a)
to pay the instrument.
California
U.C.C. section UCCA 3415:
(a) Subject to subdivisions (b), (c), and (d)
and to subdivision (d) of Section 3419,
if an instrument is dishonored,
an indorser is obliged to pay
the amount due on the instrument
(1) according
to the terms of the instrument
at the time it was indorsed, or
(2) if
the indorser indorsed an incomplete instrument,
according to its terms when
completed,
to the extent stated in Sections 3115
and 3407.
The obligation of the indorser is owed to a
person
entitled to enforce the instrument or
to a subsequent indorser who paid the
instrument
under this section.
(b) If an indorsement states that it is made
"without recourse"
or otherwise disclaims liability of the
indorser,
the indorser is not liable under
subdivision (a)
to pay the instrument.
[bold emphasis added]