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