You are on page 1of 7

Counterfeiting Securities are Commercial Crimes Counterfeiting Securities The Promissory Note, Note, Mortgage and the Deed

of Trust or other similar Security Instruments are Securities by definition under the law. Securities are regulated by the Securities and Exchange Commission. There are very strict regulations about what can and cannot be done with Securities. There are very strict regulations that apply to the reproduction or copying of Securities: Whereas defined pursuant to The Counterfeit Detection Act of 1992, Public Law 102550, in Section 411 of Title 31 of the Code of Federal Regulations, permits color illustrations of U.S. currency provided: The illustration is of a size less than threefourths or more than one and one half, in linear dimension, of each part of the item illustrated The illustration is onesided All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use Other Obligations and Securities Photographic or other likenesses of other United States obligations and securities and foreign currencies are permissible for any nonfraudulent purpose, provided the items are reproduced in black and white and are less than threequarters or greater than oneandone half times the size, in linear dimension, of any part of the original item being reproduced. Negatives and plates used in making the likenesses must be destroyed after their use for the purpose for which they were made. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities. Banks are bond by these regulations when they have possession of these original SECURITIES and make reproductions of them before they are sold to investors? Whereas defined pursuant to; Uttering counterfeit obligations or securities: Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both. Whereas defined pursuant to; Dealing in counterfeit obligations or securities: Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both. Whereas defined pursuant to; Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such persons control, custody, or

possession, an analog, digital, or electronic image of any obligation or other security of the United States is guilty of a class B felony. Whereas pursuant to: meaning of terms: Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marijuana will be treated as if such were commercial crime. COMMERCIAL PAPER defined: Bills of exchange (i.e., drafts), promissory notes, bank-checks, and other negotiable instruments for the payment of money, which, by their form and on their face, purport to be such instruments. Short-term, unsecured promissory notes, generally issued by large, well-known corporations and finance companies. U.C.C. Article 3 is the general law governing commercial paper. See also Bearer instrument; Instrument; Negotiable instruments; Note; Trade acceptance. Blacks Law Dictionary Sixth Edition (page 271) SECURITIES LAW Commercial paper is a "security" under the GlassSteagall Act and therefore is subject to its proscriptions on commercial banks marketing "stocks, bonds, debentures, notes, or other securities." Securities Industry Association v. Board of Governors of the Federal Reserve System et aI., 468 U.S. 137, 104 S.Ct. 2979, 92 L.Ed.2d 107. Blacks Law Dictionary Sixth Edition (page 271) TO COUNTERFEIT defined: criminal law. To make something false, in the semblance of that which is true; it always implies a fraudulent intent. Vide Vin. Ab. h.t. Forgery. A Law Dictionary Adapted To The Constitution And Laws Of The United States Of America And Of The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856 COUNTERFEIT defined: To forge; to copy or imitate, without authority or right, and with a view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine. Most commonly applied to the fraudulent and criminal imitation of money or securities. 18 U.S.C.A. 471 et seq. Counterfeit in common parlance signifies fabrication of false image or representation; counterfeiting an instrument means falsely making it; and in its broadest sense means making of copy without authority or right and with view to deceive or defraud by passing copy as original or genuine. Smith v. State, 7 Md.App. 457, 256 A.2d 357, 360, 361. See also Bootlegging; False making; Falsify; Forgery; Gray market goods; Imitation. Blacks Law Dictionary Sixth Edition (page 349) COUNTERFEITER defined: One who unlawfully makes base coin in imitation of the true metal, or forges false currency, or any instrument of writing, bearing a likeness and similitude to that which is lawful and genuine, with an intention of deceiving and imposing upon another. Counter-feisance. The act of forging. Blacks Law Dictionary Sixth Edition (page 349) Counterfeiting Securities of the United States The definition of

"credit" in the Federal Consumer Credit Protection Act; Truth in Lending Act, as set forth in Regulation Z: "Credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment." Researching bank business, I came across that definition, the State code; in Illinois Statutes, the UCC is Title 12A, & Illinois Consumer Credit Code is Title 14A. These are both uniform acts generated through the Council of State Governments. Now, here is where the cross-over is via State codes. The definition of "credit" in the Illinois Consumer Credit Code, which accommodates the Federal, is at 14A I.S. Ann. 1-301(7): "Credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment." This has to be considered in the context of Article I, Sec. 10, clause 1 of the U.S. Constitution: "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit..." Can the legislature of a State grant an authority which the Constitution of the United States prohibits the State from exercising? Obviously, no. Yet the UCC accommodates the whole Federal Reserve, including the private scrip Federal Reserve (bank) note, and "public money," both of which are "obligations of the United States." The whole Fed must be limited to territory of the United States where Congress has plenary or municipal power under the territorial clause, which is Art. IV, Sec. 3, clause 2 of the Constitution. This is borne out via the definition of "State" in Regulation Z and elsewhere. Yet even if Congress had this authority, it could not be delegated to private enterprise -- it would be a function of Government of the United States. National banking associations are formed by five or more people to provide a limited range of financial services to officers and employees of United States Government and/or political subdivisions of the United States. Once formed, they become members of the Federal Reserve, and must subscribe to FDIC insurance. FDIC insurance insures only accounts of "public money", and the only people entitled to use of "public money" are officers and employees of United States Government, etc. Then they apply and become "Federal Tax and Loan Depositaries" (see 31 CFR Part 202 et seq), and once they are certified as such, they serve as "fiscal agents" of the United States. They also apply to become Federal Home Loan Banks, commercial and consumer credit banks, etc., and in these various capacities, they are quite literally agents of U.S. Government. They thereby "hypothecate" loans where the "credit" they extend is credit of the United States -the authorization to "defer payment of debt or incur debt and defer payment" is predicated on a grant of authority via the financial institution operating as "fiscal agent of United States Government". They are no longer operating in a private capacity.

A national banking association, etc., may be chartered anywhere, but operation as a Federal Home Loan Bank, etc., is territorial -- these Federally chartered entities may extend credit only in the geographical United States subject to Congress plenary or municipal authority in territory of the United States. They dont even have regulatory authority to file liens in the several States, as is also the case for the Internal Revenue Service. Regulations for the Paperwork Reduction Act (5 CFR Part 1320) help to demonstrate that few if any of the documents filed in county courthouses are legitimate. Authority defined pursuant to : 31 U.S.C. Sec. 1111 and 44 U.S.C. Chs. 21, 25, 27, 29, 31, 35. Source: 60 FR 44984, Aug. 29, 1995, unless otherwise noted. Purpose: The purpose of this part is to implement the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35)(the Act) concerning collections of information. It is issued under the authority of section 3516 of the Act, which provides that The Director shall promulgate rules, regulations, or procedures necessary to exercise the authority provided by this chapter. It is designed to reduce, minimize and control burdens and maximize the practical utility and public benefit of the information created, collected, disclosed, maintained, used, shared and disseminated by or for the Federal government. Whereas defined pursuant to; Effect. (a) Except as provided in paragraph (b) of this section, this part takes effect on October 1, 1995. (b)(1) In the case of a collection of information for which there is in effect on September 30, 1995, a control number issued by the Office of Management and Budget under 44 U.S.C. Chapter 35, the provisions of this Part shall take effect beginning on the earlier of: (i) The date of the first extension of approval for or modification of that collection of information after September 30, 1995; or (ii) The date of the expiration of the OMB control number after September 30, 1995. (2) Prior to such extension of approval, modification, or expiration, the collection of information shall be subject to 5 CFR part 1320, as in effect on September 30, 1995. Definitions. For purposes of implementing the Act and this Part, the following terms are defined as follows: (a) Agency means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the government, or any independent regulatory agency, but does not include: (1) The General Accounting Office; (2) Federal Election Commission; (3) The governments of the District of Columbia and the territories and possessions of the United States, and their various subdivisions; or (4) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities. The financial institution, IRS or whatever is governed by several legitimizing compliance laws, including the Truth in Lending Act, the Paperwork Reduction Act, the Privacy Act, the Federal Register Act, etc., so if they are not in compliance with these mandates, the State cannot grant them legitimacy. When acting as "agency of the United States", these entities must

comply with Federal mandate; only Congress may legislative, and must legislate for any operation of Federal Government, per Article I, Sec. 8, clause 18 of the Constitution. When it exceeds or fails to comply with Federal legislation, the agency takes on "color of authority," so when it executes documents which have the appearance of legitimate Federal claims but dont have, they are counterfeiting securities of the United States. Each of the several States has laws against counterfeiting. Governing State law against the counterfeiting effected in a private capacity. Demonstrate that they are not carrying out legitimate functions of an "agency of the United States". Thereby, State law governs prosecution. Whereas defined pursuant to; Sec. 12. Violation. It shall be a violation of the provisions of this Act for any person: A. To offer or sell any security except in accordance with the provisions of this Act. Also: B., C., D., E., F., G., H., I., J., K., and L. Whereas defined pursuant to; Sec. 13. Private and other civil remedies; securities. A. Every sale of a security made in violation of the provisions of this Act shall be voidable at the election of the purchaser exercised as provided in subsection B of this Section; and the issuer, controlling person, underwriter, dealer or other person by or on behalf of whom said sale was made, and each underwriter, dealer or salesperson who shall have participated or aided in any way in making the sale, and in case the issuer, controlling person, underwriter or dealer is a corporation or unincorporated association or organization, each of its officers and directors (or persons performing similar functions) who shall have participated or aided in making the sale, shall be jointly and severally liable to the purchaser as follows: (1) for the full amount paid, together with interest from the date of payment for the securities sold at the rate of the interest or dividend stipulated in the securities sold (or if no rate is stipulated, then at the rate of 10% per annum) less any income or other amounts received by the purchaser on the securities, upon offer to tender to the seller or tender into court of the securities sold or, where the securities were not received, of any contract made in respect of the sale; Also: (2), B., C., D., E., F., G., and H. Whereas defined pursuant to; Sec. violates any of the provisions of 12 or paragraph (3) of subsection guilty of a Class 4 felony. Also: 14. Sentence. A. Any person subsection A, B, C, or D of K of Section 12 of this Act B., C., D., E., F., G., and who Section shall be H.

Whereas defined pursuant to; Sec. 15. Evidentiary matters. A. In any action, administrative, civil or criminal, where a defense is based upon any exemption provided for in this Act, the burden of proving such exemption shall be upon the party raising such defense. Also: B., C., and D. At Article I, Sec. 8, clause 6, the Constitution provides that, "[The Congress shall have Power] To provide for the Punishment of counterfeiting the Securities and current Coin of the United States." "Under color of Federal authority" to file counterfeit (not authentic) securities of the United States in one of the several States party to the Constitution has transgressed State and Federal law.

PIRACY defined: crim. law. A robbery or forcible depreciation on the high seas, without lawful authority, done animo furandi, in the spirit and intention of universal hostility. 5 Wheat. 153, 163; 3 Wheat. 610; 3 Wash. C. C. R. 209. This is the definition of this offence by the law of nations. 1 Kent, Com. 183. The word is derived from peira deceptio, deceit or deception: or from peiron wandering up and down, and resting in no place, but coasting hither and thither to do mischief. Ridley's View, Part 2, c. 1, s. 3. 2. Congress may define and punish piracies and felonies on the high seas, and offences against the law of nations. Const. U. S. Art. 1, s. 7, n. 10; 5 Wheat. 184, 153, 76; 3 Wheat. 336. In pursuance of the authority thus given by the constitution, it was declared by the act of congress of April 30, 1790, s. 8, 1 Story's Laws U. S. 84, that murder or robbery committed on the high seas, or in any river, haven, or bay, out of the jurisdiction of any particular state, or any offence, which, if committed within the body of a county, would, by the laws of the United States, be punishable with death, should be adjudged to be piracy and felony, and punishable with death. It was further declared, that if any captain or manner should piratically and feloniously run away with a vessel, or any goods or merchandise of the value of fifty dollars; or should yield up such vessel voluntarily to pirates; or if any seaman should forcible endeavor to hinder his commander from defending the ship or goods committed to his trust, or should make revolt in the ship; every such offender should be adjudged a pirate and felon, and be punishable with death. Accessories before the fact are punishable as the principal; those after the fact with fine and imprisonment. 3. By a subsequent act, passed March 3, 1819, 3 Story, 1739, made perpetual by the act of May 15, 1820, 1 Story, 1798, congress declared, that if any person upon the high seas, should commit the crime of piracy as defined by the law of nations, he should, on conviction, suffer death. 4. And again by the act of May 15, 1820, s. 3, 1 Story, 1798, congress declared that if any person should, upon the high seas, or in any open roadstead, or in any haven, basin or bay, or in any river where the sea ebbs and flows, commit the crime of robbery in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof, such person should be adjudged to be a pirate, and suffer death. And if any person engaged in any piratical cruise or enterprise, or being of the crew or ship's company of any piratical ship or vessel, should land from such ship or vessel, and, on shore; should commit robbery, such person should be adjudged a pirate and suffer death. Provided that the state in which the offence may have been committed should not be deprived of its jurisdiction over the same, when committed within the body of a county, and that the courts of the United States should have no jurisdiction to try such offenders, after conviction or acquittal, for the same offence, in a state court. The 4th and 5th sections of the last mentioned act declare persons engaged in the slave trade, or in forcibly detaining a free negro or mulatto and carrying him in any ship or vessel into slavery, piracy, punishable with death. Vide 1 Kent, Com. 183; Beaussant, Code Maritime, t. 1, p. 244; Dalloz, Diet. Supp. h.t.; Dougl. 613; Park's Ins. Index, h.t. Bac. Ab. h.t.; 16 Vin. Ab. 346; Ayl. Pand. 42 11 Wheat. R. 39; 1 Gall. R. 247; Id. 524 3 W. C. C. R. 209, 240; 1 Pet. C. C. R. 118, 121. A Law Dictionary Adapted To The Constitution And Laws Of The United States Of America And Of The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856

PIRATE defined: A sea robber, who, to enrich himself by subtlety or open force, setteth upon merchants and others trading by sea, despoiling them of their loading, and sometimes bereaving them of life and, sinking their ships; Ridley's View of the Civ. and Eccl. Law, part 2, c. 1, s. 8; or more generally one guilty of the crime of piracy. Merl. Repert. h.t. See, for the etymology of this word, Bac. Ab. Piracy A Law Dictionary Adapted To The Constitution And Laws Of The United States Of America And Of The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856

You might also like