Registered U.S. Mail No. ________________________________________
Return Receipt Requested
Restricted Delivery Requested
PRIVILEGED COMMUNICATION
TO: FROM:
----------------------------- ---------------------------------
Grand Jury Foreperson Paul Andrew Mitchell, B.A., M.S.
In re: New Life Health Center Counselor at Law
Grand Jury Room, Fourth Floor c/o 2509 N. Campbell, #1776
U.S. DISTRICT COURTHOUSE Tucson, Arizona state
55 E. Broadway Postal Code 85719/tdc
Tucson, AZ 85701
DATE: March 20, 1996
Dear Foreperson:
We have been retained for the limited purpose of reviewing and
responding in writing to your SUBPOENA TO TESTIFY BEFORE GRAND
JURY, dated March 5, 1996, and served on "New Life Health Center
Company", a copy of which is attached hereto and incorporated
herein as EXHIBIT "A".
This is to inform you that there are no officers or workers with
the "New Life Health Center Company" in Tucson, Arizona state,
who are authorized by contract to divulge the records and other
information which you have requested. Your SUBPOENA failed to
specify the proper names of any human beings who work for said
Company.
Accordingly, even if you had properly served said SUBPOENA on
one or more human beings who work for the Company in Tucson,
Arizona state, none would have been able to provide you with the
information you requested because criminal sanctions attach to
any unauthorized disclosure(s) by them of any Company
information, books and records, or any other property belonging
to the Company, to any person, agency, or government entity. By
Law, please understand that this response to your SUBPOENA
should not, and cannot, be construed as an admission or
acknowledgement of the existence of any of the books, records,
or other information requested by said SUBPOENA.
Furthermore, the Company has never been properly served with a
Notice from either the Assistant Commissioner (International) or
any District Director, under authority of Order No. 24 (Rev. 1)
as found in the Handbook of Delegation Orders, page 1229-14,
instructing any Company officers or workers to keep any of the
books, records, and other information which you have requested
in your SUBPOENA. Delegation Order No. 24 is attached hereto
and incorporated herein as EXHIBIT "B".
If this Grand Jury is investigating a tax matter, the
investigation is limited by law to investigating possible excise
tax violations relating to ... alcohol, narcotics, gambling, and
firearms violations, as evidenced by 28 C.F.R. Chapter 1,
Section 0.70(a), and criminal proceedings arising under internal
revenue laws pertaining to taxes on alcohol, narcotics,
firearms, coin-operated gambling and amusement machines, as
evidenced by 28 C.F.R. Chapter 1, Section 0.70(b), a copy of
which is attached hereto and incorporated herein as EXHIBIT "C".
Response to Grand Jury: Page 1 of 3
To further substantiate the excise tax allegation, the Attorney
General has provided specific instructions that a U.S. Attorney
has limited authority to prosecute tax cases investigated by the
alleged Internal Revenue Service ("IRS"). Those offenses are:
excise violations involving alcohol tax, narcotics, stamp tax,
firearms, wagering, coin-operated gambling and wagering
machines, etc., as evidenced by the U.S. Attorney's Manual,
Volume II, 6-4.270, a copy of which is attached hereto and
incorporated herein as EXHIBIT "D".
We would like to take this opportunity to draw your attention to
Article I, Section 10, Clause 1, in the Constitution for the
United States of America, as lawfully amended, wherein all
parties to that Constitution, including Grand Juries, are bound
by It to refrain from impairing the Obligations of Contracts,
and from granting Titles of Nobility, e.g. "Esquire" (see
EXHIBIT "E"). See also Article I, Section 9, Clause 7 (EXHIBIT
"E") and Amendment 13 (see EXHIBIT "F").
Before any Company officers or workers could consider responding
to any future SUBPOENAS from you in the future, we will need you
to provide us with a verified copy of your Oath of Office,
whereby you affirmed your solemn commitment, under penalty of
perjury, to uphold and defend the Constitution for the United
States of America, as lawfully amended.
Moreover, in order to make sure that you are not proceeding
ultra vires, NOTICE AND DEMAND are hereby made of you to
recognize and obey the court holding that "the indiscriminate
summoning of witnesses in a spirit of meddlesome inquiry, on the
mere chance that some crime may be discovered, is forbidden
under the rules of the common law." See Hale v. Henkel, 201
U.S. 43, 50 L.Ed 652, 26 S.Ct 370. Please also take notice of
the following pertinent holdings:
The most valuable function of the grand jury is not
only to examine into the commission of crimes, but to
stand between the prosecutor and the accused; that
is, to protect the citizen against unfounded
accusations, whether they come from the government or
are prompted by partisan passion or private enmity.
[38 Am Jur 2d, Sec. 26, Page 971]
[emphasis added]
When the investigation is one required to be ordered
by the court, under restrictions on the powers of the
grand jury, the general rule that the investigation
may not be a mere "fishing expedition" or a blanket
inquiry for speculative purposes is applicable. It
has been so held in respect of an investigation where
it appears that a system of crime exists among public
officials. McNair's Petition, 324 Pa 48, 187 A 498,
106 ALR 1373.
[38 Am Jur 2d, Sec. 28, Page 973]
[emphasis added]
Response to Grand Jury: Page 2 of 3
While the phrase "ultra vires" has been used to
designate, not only acts beyond the express and
implied powers of a corporation, but also acts
contrary to public policy or contrary to some express
statute prohibiting them, the latter class of acts is
now termed illegal, and the "ultra vires" confined to
the former class.
[Black's Law Dictionary, Fourth Edition]
[emphasis added]
The United States government is a foreign corporation
with respect to a state. [citing In re Merriam's
Estate, 36 N.E. 505, 141 N.Y. 479, affirmed U.S. v.
Perkins, 16 S.Ct. 1073, 163 U.S. 625, 41 L.Ed 287]
[19 C.J.S. 883, emphasis added]
Thank you very much for your consideration.
Sincerely yours,
/s/ Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law, all rights reserved
copies: "New Life Health Center Company"
"RICHARD H. WEARE, CLERK"
Response to Grand Jury: Page 3 of 3
# # #
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In Re Grand Jury Subpoena