Certified
U.S. Mail c/o 2509 N.
Campbell, #1776
Serial
Number P-475-744-607 Tucson
[zip code exempt]
Return
Receipt Requested ARIZONA
REPUBLIC
Restricted
Delivery Requested
July
25, 1996
Dr.
Eugene A. Burns, D.C., N.D.
New
Life Health Center Company
4500
E. Speedway, Suite #27
Tucson
[zip code exempt]
ARIZONA
REPUBLIC
Subject: Wrongful Discharge
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
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 federal 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.
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.
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) days, I do not receive from You a written offer of compensation
and compromise for all of the damages to date which are itemized above, I will
take appropriate action to enforce My Rights.
VERIFICATION
I
hereby certify, under penalty of perjury, that the above statement of facts are
true and correct, to the best of My current information, knowledge, and belief,
so help Me God.
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
copies: Neil Nordbrock, witness
Herb Crawford, witness
Todd Jones, Snell & Wilmer
litigation files