Our friend Bernard von NotHaus sent out an email yesterday advising everyone who had their Liberty Dollars confiscated by the Feds to petition to get them back. Larry White offered Congressional testimony on the issue; read about it in his post here praising currency competition. Also, Kurt Schuler posted about the case and a Forbes article with another post here on free banking
referencing the Liberty Dollar and another one pointing out a few of Larry White's papers which also get into the Liberty Dollar case.
There are lots of posts on the similar precedent of the e-gold case (with more background on the e-gold case from me farther back here and on forfeiture here). Unfortunately, those depositors didn't get their gold back from the Feds after their accounts were confiscated. This time the Department of Justice may give some Liberty Dollar claimants an opportunity the e-gold ones didn't.
So with no further ado, here is the pertinent information from the Liberty Dollar newsletter:
New Developments from the DOJ regarding your Petition to recover your wrongfully seized Liberty Dollar property.
Dear Liberty Dollar Supporters!
A Liberty Dollar Supporter received this text in an email yesterday.
BEGINNING EMAIL FROM THOMAS R. ASCIK:
"Enclosed you will find the Amended Preliminary Order of Forfeiture in the criminal case in which Bernard von NotHaus has now been convicted. Also enclosed is a Notice informing you of how you must go about filing a petition with the court if you think that you have a forfeiture interest in any of the forfeited property.
Because you have previously contacted this office by email and did not include a postal address, this notice is being sent by email. However, this office will not accept any further communications by email. All communications must be by postal mail at the address given in the Notice."
Thomas R. Ascik
Assistant United States Attorney
100 Otis Street
Asheville, North Carolina 28801
828-259-0644
828-271-4661 – main
828-271-4670 – fx
[email protected]END OF EMAIL FROM THOMAS R. ASCIK
Please read these two documents very carefully before filing your Petition: THIRD AMENDED PRELIMINARY ORDER OF FORFEITURE and the NOTICE OF FORFEITURE.
Please make special note that the Notice of Forfeiture requires all Claimants to file TWO COPIES OF YOUR PETITON. One address to the Court and that address is on the Sample Petition I already sent to you.
And send a SECOND COPY sent to:Thomas R. Ascik
Assistant United States Attorney
100 Otis Street
Asheville, North Carolina 28801
Both copies must be NOTARIZED.I will continue
to keep you advised of any changes or developments regarding this Gordian Knot!
I will also do my best to be of assistance. But please don't email me unless you must. I am swamped!
With the right work, you should get your property back.
I am deeply grateful for your kind support and concern.
Bernard von NotHaus
Monetary Architect
That email followed this one sounding the call to pass the word for anyone to literally exercise their First Amendment right to To Petition the Government for a Redress of Grievances!
You Must Take Prompt Action Before Your Wrongfully Seized Liberty Dollars Are Forfeited and Gone Forever!
Dear Liberty Dollar Supporters!
I strongly urge you to send this message out to your fellow Liberty Dollar supporters, email list and your news groups so as many innocent third parties as possible can get their wrongfully seized Liberty Dollar property back as possible.
ATTENTION: I was just informed that the DOJ is planning to mail notification to 1000 to 2000 potential claimants (out of 10,000+ potential claimants), regarding their property on March 10. Don't wait! Start getting your info together now. If you are not one of the "lucky ones" to receive a letter from the DOJ then file your Petition as per this email.
After six months of strenuous effort to find the way for you to get your wrongfully seized Liberty Dollar property back, I can report that the results are mixed: There is both good news and bad news.
Here's the good news: You can get your property back. The bad news is that each individual claimant must file a separate Petition claiming their property. The filing process is tedious and requires excellent records of your confiscated Liberty Dollars and when you bought them. I know this will be difficult for many of you, especially if you only have a few Liberty Dollars.
Sadly, there is nothing more l can do to help you other than to provide the attached sample Petition, the instructions for your Petition below and a copy of the statutory language from the Cornell Law School.
Going forward, my efforts will remain focused on exposing this terrible travesty and to do what I can to bring sanity and stability back to the money we all depend upon.
PLEASE… PLEASE… PLEASE:
DO NOT let the Federal "Justice" System victimize you and steal your property.Now, the time has finally come for you to take action to prevent the government from forfeiting (i.e. stealing) your innocent third party Liberty Dollar property. Regardless of how wrong this may seem to you or what a pain it may be, if you don't take action, you WILL LOSE YOUR PROPERTY. Recovering your property is the closing act of the long nine year drama regarding the Liberty Dollar warning, raid, arrest and conviction of BVNH.
Please note that only metal property (gold, silver, platinum or copper) can be returned for:
- Paper warehouse receipts
- Digital warehouse receipts that were electronically held in your online account
- Your personal property was held at the Liberty Dollar Fulfillment Office.
Or cash repayment for unfulfilled orders could be repaid from the Liberty Services bank account that was seized.
Now that Judge Voorhees has entered a Preliminary Order of Forfeiture, he will Order an announcement to be posted and/or mailed regarding an Ancillary Hearing for all third party claimants. Each claimant will be permitted to testify, call witnesses and present evidence to establish their claim for their wrongfully seized Liberty Dollar property.
The recovery process begins with each Claimant filing a Petition with the Court.
Please note a sample Petition is attached.
Please write your Statement in plain English that includes:
- Title: PETITION RE USA v. BVNH DOCKET NO. 3:09CR27
- Statement: "I, your name, hereby state under oath and penalty of perjury that the follow information is true and correct to the best of my knowledge."
- Your mailing address
- List of properties with a description and quantity of each (i.e. so many $10 one ounce paper Silver Certificate warehouse receipts, one $500 paper Gold Certificate warehouse receipt and the latest balance in your ELD digital warehouse receipt account)
- The date of purchase of each property if known. If you don't know the date of each purchase, state: "I bought such and such property on or about… and include date or year." As all ELD accounts are closed simply use the closing balance of your ELD account if indeed that is possible. All digital warehouse receipts are at the $20 Silver Base)
- State the number of ounces for each type of property
- State that you bought your property with your own money and were not party to any criminal activity for which the property was seized.
- State you are a bona fide purchaser for value of the right, title, or interest in the property and at the time of purchase was reasonably without cause to believe that the property would be subject to forfeiture.
- It is very important to show proof of your purchase and substantiate your claim with any paper work or records that you have. Please attach any and all proof of your purchases and the value of your digital Liberty Dollar account. Of course that is very difficult for your digital Liberty Dollar account that is not available, a great amount of time has transpired or you may have received the paper warehouse receipts in trade, barter or commerce. DO NOT surrender your paper warehouse receipts until you a absolutely sure you are going to receive the gold and silver.
- Point out that you have been waiting for a very long time and request an urgent resolution of this matter.
- State that you are an innocent third Claimant and demand your property be returned to you without any cost to you as all wrongful seizures are to be returned at no cost to Claimants.
- MOST IMPORTANT: Editorializing about the case, your property or any monetary issue would be out of place and a serious deterrent to recovering your property.
Please note a sample Petition is attached.
The 30 day time period for you to file the Petition will begin very shortly. Regardless if you receive a letter or read the Official Notice published in the local newspaper in Charlotte, your Petition must be received within the 30 days after the Notice is published. One petition has already be filed and recorded as Document 294. Each Petition will be identified with its own Doc number. PLEASE DO NOT WAIT. Start now! Start looking for your records and working on your Petition now! Please note I am barred from assisting with anyone's Petition.
Remember: Your Petition must be Notarized.
Your notarized Petition must be filed with the Federal Court in Charlotte, North Carolina and I strongly recommend your Petition be sent with tracking that confirms it was sent and received. For that reason, I suggest you mail your Petition via US Priority Mail and retain the receipt with the tracking number for your records. Please note the Court's address is included on the Sample Petition.
I encourage you to file a Petition – regardless of how little was taken from you. This the final act of the Liberty Dollar and every Petition is a show of support and very important.
Please keep a copy of the Notarized Petition for your records.
I know that this has been a very long exhausting experience. I know you have been seriously wronged by the Federal government. We have all suffered for taking legal citizen action to rightfully and peacefully return our country's once great monetary system to its original founding principles. It is now time to get your property back.I am doing my best to be of assistance. But please don't email me unless you must. I am swamped!
Thanks again for your outstanding action for those ideals we share in common.
I am deeply grateful for your kind support and concern.
I apologize for having failed you. Good luck!
Bernard von NotHaus
Monetary Architect
Good luck to all of our Liberty Dollar friends!
UPDATE: Bernard corrects me (thanks, Bernard!):
Thanks Bradley! Well done… Except that some e-gold account holders did get reimbursed in USD for their e-gold. I was one and Richard Timberlake was another… Actually there were quite a few who were able to jump through a pile of hoops and actually get their money (not gold) back. Bernard