#trusteemalfeasance#trusteefraud#trustdoctrine
Below the word we is used and it refers to my spirit-ego-conditioned mind and the superconscious mind-divine spirit within-soul as one.
Do you know your rights? This is obviously an important question to ask, however it is just the beginning when it comes to why the people born of the earth are being denied their basic needs for life. When people think of rights they may think of unalienable rights. When it will be more useful to think about beneficial interest and our rights as the beneficiary of the Public Trusts and how to activate the public servants to deliver.
Other question we could ask :
- “Since all is one: why as infinite intelligence would I create a world where I deny the essentials of life to an aspect of myself?”
- “why would I deny love for myself?”
We have been contemplating on many different ideas as we think about our experiences over the last few years and thinking about events playing out for other people of earth. Some of the topics we have been contemplating on are free will, the right of self-determination, the idea of “unalienable” rights, constitutional rights and rights protected by the constitution.
So we decided to check out what a Bing AI search would come up with when we ask this program specific questions.
First Search we asked Bing AI: “where does it say in the Declaration of Independence “life, liberty, and the pursuit of happiness?”
Bing AI wrote:
The phrase “Life, Liberty and the pursuit of Happiness” is found in the **Preamble** to the **United States Declaration of Independence**¹. The exact text reads:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
This phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect¹². It’s important to note that like the other principles in the Declaration of Independence, this phrase is not legally binding, but has been widely referenced and seen as an inspiration for the basis of government¹².
Source: Conversation with Bing, 2024-01-07
(1) The Declaration of Independence | National Archives. https://www.archives.gov/founding-docs/declaration.
(2) Life, Liberty and the pursuit of Happiness – Wikipedia. https://en.wikipedia.org/wiki/Life,_Liberty_and_the_pursuit_of_Happiness.
(3) Life, Liberty and the pursuit of Happiness – Wikiwand. https://www.wikiwand.com/en/Life,_Liberty_and_the_pursuit_of_Happiness.
(4) Unalienable Rights and Why They Matter – VOA. https://editorials.voa.gov/a/unalienable-rights-and-why-they-matter/5575563.html.
After reading some of the Judges opinions in various cases it became clear that there are cases where the people in the case have no idea that they are one of the sovereign people referred to in the preamble. After reading people say, “my constitutional rights” it is clear that they believe their rights are granted. The people protected in the constitution are the Public Officers. The fact is people are the benefactor of their rights and the benefactor of their life and these rights are unalienable, intrinsic, and innate. Everyone has the right to life it is a given by creation itself and the desire of source to know itself through and by it’s various aspects (that which is manifest in form). These rights are secured and protected by law in both Federal and State Constitutions.
So, if the bases for Government is to ensure our “unalienable rights” and if the employees, licensees, contractors of the various government agencies act in violation to legislation and act contrary to their delegation then these people are acting in ultra vires thus have no qualified immunity. They have committed trustee maleficence. These people are by law disqualified and may lose their job upon proof of claim.
Further, it is the responsibility of the people to look at what they are doing that is contrary to their position as the order giver. Why do the officers believe that they can order the people that put them in this position to follow their orders? In fact the officer of the law is a Public Servant to the people they have sworn an oath to and is a trustee of our Public Trust and it is high time they know this fact.
After being arrested in June 2016 for not being able to pay the mortgage and being forced into a court was a huge eye opener for me. It was here that everyone must realize that the courts do not run the way we think they do. This experience had me researching but the research done did not yield any useful information. In fact my head was filled with misinformation. Until sometime at the end of 2019 we happened to discover the Facebook group “Friends in Law” created by Malika. She is one of many people that had the wherewithal to actually read the laws.
It is Malika that inspired me to be an avid student of law leading me to search out why the people are being denied their wealth.
wealth (n.)
mid-13c., “happiness,” also “prosperity in abundance of possessions or riches,” from Middle English wele “well-being” (see weal (n.1)) on analogy of health.
https://www.etymonline.com/word/wealth
It has been an interesting journey since being made homeless which eventually brought me to Malika’s Lawful Living website where we had the privilege of meeting many top notch law researchers and change makers.
Malika has created a wonderful community and attracted many brave people taking steps to expose the people acting in agency and or in office that are not following the law. Malika shares her research and assists us in finding remedy when facing those people working in government agencies that are illegitimate who are unaware or that are willfully ignorant and willfully violating public law.
Do you know that all public courts are courts of review? We are supposed to be going to the government agency or in a personal matter to our fellowman whom we are having a confrontation or disagreement with and if a solution cannot be found through our communications then we file in a public court of law. If you are interested in learning the proper protocol as described in Matthew 18: 15-17 I suggest everyone become a member of this private community and take the Private Ministerial Action Process.
Matthew 18:15-17New International Version
Dealing With Sin in the Church
15 “If your brother or sister sins, go and point out their fault, just between the two of you. If they listen to you, you have won them over. 16 But if they will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses.17 If they still refuse to listen, tell it to the church; and if they refuse to listen even to the church, treat them as you would a pagan or a tax collector.
Further, Malika holds zoom meetings on Tuesday and Thursday from noon until 2pm. The Tuesday zoom is open for people interested in becoming a member for sharing educational material on topics of interest that impact our experience of our life on earth and is a Q & A for people to ask questions and for new members to introduce themselves; the Thursday also known as Thorsday is an intermediate class for Lawful Living community members that have initiated the Ministerial Process. There is also a zoom class on Friday’s from 2 pm until 4 pm, this is an advanced court strategy Q & A for members of the Lawful Living Community that have either been summoned to court or are interested in taking their ministerial process to the public court for resolution if going to the agency for remedy has not worked.
With many members of the community coming to realize that there is no true remedy at law we have all been doing research in equity. There are 20 maxims of equity and they are listed on the We Are Law website use the link below to access:
20 Maxims of Equity – The Heart of Winning – You Are Law.org
“A Public official is a fiduciary toward the public, including in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them he is guilty of fraud” U.S. v Folzer 816 F. 2d 304, 307 (1987). Public officials are also “trustee[s] and servant[s] of the people”. George Department v Sistrunk 291 S.E. 2d 524, 526 (1982). “‘Public office is a public trust or agency for the benefit of the people to be administered under legislative control in the interest of the people.” State ex rel Nagle v Sulliven 40 P.2d 995, 997, Supreme Court of Montana (1935). Pursuant to CFR Title 5 § 2635.101, “Basic obligation of public service (a) Public service is a public trust, and any act in violation by Public Servant, the Trustee, is Trustee Malfeasance”.
We decided to use Bing AI to search the Trust Doctrine and Trustee Malfeasance and Trustee Fraud.
Second Bing AI Search:
**Public Trust Doctrine (PTD)**¹³⁴:
– The PTD is a legal principle that establishes certain natural and cultural resources are preserved for public use.
– The public is considered the owner of these resources, and the government protects and maintains these resources for the public’s use.
– The doctrine requires the sovereign, or state, to hold in trust designated resources for the benefit of the people.
– The PTD is rooted in Roman law, which recognized the public right to many natural resources including “the air, running water, the sea and its shore.”
– In the United States, the Supreme Court first accepted the PTD in Martin v. Waddell’s Lessee in 1842, confirming it several decades later in Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892).
**Public Trust Doctrine in Canada**²:
– The public trust doctrine in Canada is still in early stages of development.
– There have only been a handful of cases over the past decades where it has been argued and even fewer where it has been considered.
– The public trust doctrine in Canada focuses more on incorporating classical trust law concepts.
– The Canadian public trust law is based heavily and drawn from fiduciary obligations.
– Canadian litigants tend to use the public trust doctrine to challenge substantive merits rather than procedure of governmental actions.
**Recent Lawsuits**²⁵⁶⁷:
– There have been several cases filed in both state and federal courts arguing that the PTD requires state governments to take more aggressive action in battling climate change.
– The Columbia University Sabin Center for Climate Change Law identified twenty-seven cases alleging Public Trust violations in the United States and five cases in other countries, including Canada, Pakistan, Uganda, and India as of July 2021.
– One of the well-known cases is Juliana v. U.S.
– In Canada, there is renewed hope with the ongoing case of La Rose v. Her Majesty the Queen, where the Plaintiff applied the public trust doctrine to greenhouse gas emissions and climate change.
I hope this information helps! If you have any other questions, feel free to ask..
Source: Conversation with Bing, 2024-01-07
(1) Public trust doctrine – Wikipedia. https://en.wikipedia.org/wiki/Public_trust_doctrine.
(2) public trust doctrine | Wex | US Law | LII / Legal Information Institute. https://www.law.cornell.edu/wex/public_trust_doctrine.
(3) Public Trust Doctrine – Water Education Foundation. https://www.watereducation.org/aqua…/public-trust-doctrine.
(4) The Public Trust Doctrine in Canada | Climate Change Litigation for …. https://onlineacademiccommunity.uvic.ca/…/the-public…/.
(5) La Rose v. Canada | Climate Change Litigation for Beginners. https://onlineacademiccommunity.uvic.ca/…/la-rose-v…/.
(6) Climate Justice and the Public Trust: The Plaintiffs’ Perspective. https://www.americanbar.org/…/climate-justice-and…/.
(7) The Public Domain: Basics of the Public Trust Doctrine. https://nationalaglawcenter.org/the-public-domain-basics…/.
(
en.wikipedia.org.https://en.wikipedia.org/wiki/Public_trust_doctrine.
Third Bing AI Search:
**Public Trust Doctrine (PTD) in the United States**¹²³⁴:
– The PTD is a legal principle that establishes certain natural and cultural resources are preserved for public use.
– The public is considered the owner of these resources, and the government protects and maintains these resources for the public’s use.
– The doctrine is most frequently used in the context of water bodies. Throughout the United States, most lakes and streams are maintained under the public trust doctrine, typically for the purposes of drinking and recreational activities.
– The PTD prevents private property from extending to the ocean.
– The first major case to address the PTD in the United States was Arnold v. Mundy, in which the New Jersey Supreme Court held that the public, rather than the King or the federal government, owns the nation’s navigable waters, which are held by the government in trust.
– After that first case, the PTD expanded. In Illinois Central Railroad Co. v. Illinois, the United States Supreme Court, expanding the Doctrine, held that Illinois’ title in lands under the navigable waters of Lake Michigan were not only held in trust for the public, but that they were held in trust for the purpose of navigation, fishing, and commerce.
**Recent Lawsuits**⁵⁶⁷⁸:
– In recent years, several cases have been filed in both state and federal courts arguing that the PTD requires state governments to take more aggressive action in battling climate change.
– Perhaps the most well-known of these recent PTD cases is Juliana v. U.S., where the Ninth Circuit held that ordering the federal government to adopt “a comprehensive scheme to decrease fossil fuel emissions and combat climate change” would exceed a federal court’s remedial authority⁵.
– In August 2021, a Montana state district court made waves in atmospheric trust litigation by denying the state’s motion to dismiss a case brought by 16 youth plaintiffs. The case alleges, among other things, that Montana is violating the plaintiffs’ constitutional right to a clean and healthful environment by supporting a fossil-fuel driven energy system that is accelerating climate change⁶.
– Another case is Chernaik v. Brown, in the State of Oregon⁷.
I hope this information helps! If you have any other questions, feel free to ask.
Source: Conversation with Bing, 2024-01-07
(1) public trust doctrine | Wex | US Law | LII / Legal Information Institute. https://www.law.cornell.edu/wex/public_trust_doctrine.
(2) The Public Trust Doctrine: A Cracked Foundation | Georgetown …. https://www.law.georgetown.edu/…/the-public-trust…/.
(3) The Public Domain: Basics of the Public Trust Doctrine. https://nationalaglawcenter.org/the-public-domain-basics…/.
(4) Preserving the Common Law Public Trust Doctrine: Maintaining …. https://law.ucdavis.edu/…/documents/2015LaGrandeur.pdf.
(5) Juliana v. United States – Harvard Law Review. https://harvardlawreview.org/…/juliana-v-united-states/.
(6) Branching out: Protecting state forests under the public trust doctrine. https://www.americanbar.org/…/july-aug-2022/branching-out/.
(7) The Public Trust Doctrine in the USA | Climate Change Litigation for …. https://onlineacademiccommunity.uvic.ca/…/the-public…/.
( Kids sue the U.S. government over climate change, and Trump fights back …. https://www.nationalgeographic.com/…/kids-sue-us….
Forth Bing AI Search:
We asked Bing AI: Can you find information on trustee malfeasance and cases in equity where the petitioner charged the trustee who neglected his/her fiduciary duty and harmed the beneficiary committing Trustee Malfeasance?
Bing AI: Trustee malfeasance refers to any type of negligent, self-serving, erroneous, or retaliatory conduct committed by the trustee of a trust resulting in harm to trust assets or beneficiaries². This can include both intentional and unintentional offenses¹².
Trustees are considered fiduciaries, so they are held to the highest legal standard¹. The legal duties of trustees include¹:
– Prioritizing the interests of the beneficiaries over their own.
– Acting in good faith towards the beneficiaries.
– Treating all beneficiaries fairly and with care and respect.
– Managing trust assets reasonably.
– Being honest and open about pertinent information.
A trustee can breach their fiduciary duty by failing to fulfill any of these legal obligations¹. Negligence can constitute a breach of fiduciary duty because trustee misconduct can include a range of conduct, both intentional and unintentional (or negligent), committed by a trustee that results in loss to trust assets¹. Trustee malfeasance can be grounds for removing a trustee or filing a suit against them¹.
If a trustee violates the terms of a trust, they can be removed as allowed by the trust document or by the probate court¹. If you believe you may have reason to sue a trustee, you should consult with a reputable trust litigation attorney to determine the best course of action for your situation¹.
Please note that this information is general in nature and specific cases can vary. Always consult with a legal professional for advice tailored to your situation.
Source: Conversation with Bing, 2024-01-07
(1) The Ultimate Guide to Trustee Malfeasance | RMO Lawyers. https://rmolawyers.com/trustee-malfeasance-guide/.
(2) Can You Sue a Trustee for Negligence? | RMO LLP. https://rmolawyers.com/can-you-sue-a-trustee-for-negligence/.
(3) Trustee’s Guide On Facing Financial And Coercion Claims. https://hessverdon.com/trustees-guide-on-facing…/.
(4) Legal Loopholes: How California Trustees Escape Liability. https://www.californiatrustestateandprobatelitigation.com….
Fifth Bing AI Search:
We asked Bing AI: Can you provide us with cases where the fiduciary violated his/her duties as a Trustee of the Public Trust in Canada and in the United States?
Bing AI wrote:
Sure, here are some cases related to the violation of fiduciary duties as a Trustee of the Public Trust in Canada and the United States:
**Canada:**
1. **Galambos v. Perez**¹: This case from the Supreme Court of Canada significantly clarifies the law of “ad hoc” fiduciary relationships. The plaintiff was a part-time bookkeeper and office manager of a law firm founded by the defendant lawyer. She made several financial contributions to the firm, which was ultimately placed into receivership. The plaintiff sued the defendant for breach of fiduciary duty, negligence, and breach of contract¹.
2. **Green v. The Queen in right of the Province of Ontario et al.**²: This case supports the idea that the public trust doctrine must align with classical trust concepts. It suggests that Canadian courts will not grant substantive equitable remedies unless an express trust in the environmental interest is proven with certainty².
3. **Walpole Island First Nation et al. v. Canada (Attorney General)**²: In this case, the Governments of Canada and Ontario attempted to use the public trust doctrine to deny land claims by two First Nations².
**United States:**
The public trust doctrine in the United States is widely understood to be a matter of state law⁶. The trustee’s fiduciary duties can be simplified into three categories⁷:
– Duty of loyalty: The trustee must act solely in the interest of the beneficiaries.
– Duty of Care: The trustee must manage the estate in accordance with the law and the guidelines set forth in the trust.
– Duty of Impartiality: The trustee must treat all the beneficiaries equally⁷.
If the trustee doesn’t perform his or her duties as stated, i.e., if he or she acts in a way that is disloyal or careless and constitutes an abuse of trust regarding the wishes of the estate holder, then he or she can be considered in breach of fiduciary duty⁸. This is legally an abuse of trust, and that person or company can be held responsible⁸.
Please note that this information is general in nature and specific cases can vary. Always consult with a legal professional for advice tailored to your situation.
Source: Conversation with Bing, 2024-01-07
(1) Galambos v. Perez: The Supreme Court of Canada Clarifies the Law of …. https://www.mccarthy.ca/…/galambos-v-perez-supreme….
(2) The Public Trust Doctrine in Canada | Climate Change Litigation for …. https://onlineacademiccommunity.uvic.ca/…/the-public…/.
(3) The Public Trust Doctrine: A Primer – University of Oregon School of Law. https://law.uoregon.edu/…/PTD_primer_7-27-15_EK….
(4) Breach of Fiduciary Duty By the Trustee and the Legal Repercussions. https://www.oflaherty-law.com/…/breach-of-fiduciary….
(5) Abuse of Trust: Breach of Fiduciary Duty by the Trustee – Free Advice. https://www.freeadvice.com/…/abuse-of-trust-breach-of…/.
(6) Criminal Code – Site Web de la législation (Justice). https://laws-lois.justice.gc.ca/…/c-46/section-336.html.
(7) Suing A Trustee For Breach Of Fiduciary Duty: Legal Options. https://hessverdon.com/suing-a-trustee-for-breach-of…/.
( Breach of Trust (Offence) – Criminal Law Notebook. http://www.criminalnotebook.ca/…/Breach_of_Trust….
(9) Breach of Fiduciary Duty by a Trustee in California – Trellis.Law. https://trellis.law/…/breach-fiduciary-duty-by-a….
Sixth Bing AI Search:
We asked Bing AI: Can you please find us cases filed in the courts of the United States where the petitioner charged a trustee for a violation of the public trust committing trustee malfeasance?
Bing AI wrote:
I’m sorry, but I’m unable to provide specific case files or court records. However, you can find federal court cases in the United States using the Public Access to Court Electronic Records (PACER) system¹². PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information². You can also visit the Clerk’s Office of the courthouse where the case was filed².
Please note that there may be fees associated with accessing these records². Always consult with a legal professional for advice tailored to your situation. I hope this helps! If you have any other questions, feel free to ask. 
Source: Conversation with Bing, 2024-01-07
(1) Court Records | United States Courts. https://www.uscourts.gov/court-records.
(2) Find a Case (PACER) | United States Courts. https://www.uscourts.gov/court-records/find-case-pacer.
(3) Federal Cases, Dockets, and Filings From U.S. District Courts and U.S …. https://dockets.justia.com/.
Seventh Bing AI Search:
We put the same question forward using google (firefox): Can you please find us cases filed in the courts of the United States where the petitioner charged a trustee for a violation of the public trust committing trustee malfeasance?
Google search results:
Handbook for Chapter 7 Trustees (justice.gov)
Code of Conduct for United States Judges
https:://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges
Ashley Hector, et al. v. Bank of New York Mellon, No. 10, September Term, 2020. Opinion by Biran, J.
ESTATES AND TRUSTS – TRUSTEES – INDIVIDUAL TRUSTEE LIABLITY –
The Court of Appeals held that a tort plaintiff may sue a trustee in its individual capacity for acts or omissions undertaken in the course of trust administration. Although it is well settled that an entity acting in its individual capacity, and the same entity acting as a trustee, are, in law, two distinct persons, a plaintiff may name the entity as a defendant in both capacities in a complaint. As the Restatement (Third) of Trusts § 105 (Am. Law Inst. 2012)
explains, although the modern approach concerning trustee liability to third parties allows a plaintiff to assert a claim against a trustee in its representative capacity, a trustee is not
insulated from also being sued in an individual capacity.
SUPREME COURT OF THE UNITED STATES
No. 19–783
NATHAN VAN BUREN, PETITIONER v. UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT
“Both the common law and statutory law have long punished those who exceed the scope of consent when using property that belongs to others. A valet, for example, may take possession of a person’s car to park it, but he cannot take it for a joyride. The Computer Fraud and Abuse Act extends that principle to computers and information. The Act prohibits exceeding the scope of consent when using a computer that belongs to another person. Specifically, it punishes anyone who “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains” information from that computer. 18 U. S. C. §1030(a)(2).
As a police officer, Nathan Van Buren had permission to retrieve license-plate information from a government database, but only for law enforcement purposes. Van Buren disregarded this limitation when, in exchange for several thousand dollars, he used the database in an attempt to unmask a potential undercover officer. The question here is straightforward: Would an ordinary reader of the English language understand Van Buren to have “exceed[ed] authorized access” to the database when he used it under circumstances that were expressly forbid2 VAN BUREN v. UNITED STATES THOMAS , J., dissenting den? In my view, the answer is yes. The necessary precondition that permitted him to obtain that data was absent. The Court does not dispute that the phrase “exceeds authorized access” readily encompasses Van Buren’s conduct. It notes, instead, that the statute includes a definition for that phrase and that “we must follow that definition, even if it varies from a term’s ordinary meaning.” Tanzin v. Tanvir, 592 U. S.”
19-783 Van Buren v. United States (06/03/2021) (supremecourt.gov)
_____________________________________________
Below are links to webpages with information that we feel is relevant and that everybody should know:
MEDICARE AND MEDICAID PROGRAM INTEGRITY PROVISIONS – https://www.ssa.gov/OP_Home/ssact/title11/1128J.htm
42 U.S. Code § 290dd–2 – Confidentiality of records – https://www.law.cornell.edu/uscode/text/42/290dd-2
43 CFR § 2.226 – Assuring integrity of records – https://www.law.cornell.edu/cfr/text/43/2.226
36 CFR § 1008.6 – Assuring integrity of records. – https://www.law.cornell.edu/cfr/text/36/1008.6
26 U.S. Code § 1031 – Exchange of real property held for productive use or investment – https://www.law.cornell.edu/uscode/text/26/1031
17 CFR § 240.16a-1 – Definition of terms-https://www.law.cornell.edu/cfr/text/17/240.16a-1
“62 Stat 685” refers to a specific citation within the United States Statutes at Large, indicating the 685th law passed during the 62nd session of Congress. This citation is associated with several sections of Title 18 of the United States Code (USC), which deals with federal crimes and criminal procedure:
18 U.S. Code obligations of the united states
What is #money ? #intrinsicvalue#securities#coupons#bills#checks#USNotes#nationalbankcurrency#offset#securitiesintrust#trust#fairdealing#equity#trusteemalfeasance#dutyofloyalty
§ 8. Obligation or other security of the United States defined
The term ‘‘obligation or other security of the United States’’ includes all bonds, certificates of indebtedness, national bank currency {securities], Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued
under any Act of Congress, and canceled United States stamps. (June 25, 1948, ch. 645, 62 Stat. 685.)
The 14th amendment equal protection clause forbids prejudice in the application of the law against any person or group of persons. “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws.
Who is responsible for the securities, which are money, used to offset the account balance?
“62 Stat 685” refers to a specific citation within the United States Statutes at Large, indicating the 685th law passed during the 62nd session of Congress. This citation is associated with several sections of Title 18 of the United States Code (USC), which deals with federal crimes and criminal procedure:
18 U.S. Code § 8. Obligation or other security of the United States defined
The term ‘‘obligation or other security of the United States’’ includes all bonds, certificates of indebtedness, national bank currency {securities], Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued
under any Act of Congress, and canceled United States stamps. (June 25, 1948, ch. 645, 62 Stat. 685.)
The 14th amendment equal protection clause forbids prejudice in the application of the law against any person or group of persons. “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws.
So why were not the securities, which are money, used to offset the account balance ?
Did you know? Private people are #immune from prosecution under any government code, statute, ordinance, mandate… and if ever a Private Contractor acting as Public Agent ever asserts such a preposterous presumption ask them precisely what #DocumentaryEvidence they used to make the #legaldetermination that one has become so bound?!
Whereas ” #Rule17 . #Plaintiff and #Defendant; Capacity; #PublicOfficers
(a) Real Party in Interest.
(1) Designation in General. **An action must be #prosecuted in the name of the real party in interest.** The following may sue in their own #names without joining the person for whose benefit the action is brought:
(A) an #executor;
(B) an #administrator;
(C) a #guardian;
(D) a #bailee;
(E) a #trustee of an express trust;
(F) a party with whom or in whose name a contract has been made for another’s benefit; and
(G) a party authorized by statute.
(2) Action in the Name of the United States for Another’s Use or Benefit. When a #federalstatute so provides, an action for another’s use or benefit **must be brought in the name of the #UnitedStates.**
(b) #Capacity to Sue or #BeSued. Capacity to sue or be sued is determined as follows:
(1) for an #individual who is not acting in a #representativecapacity, by the law of the individual’s #domicile;
[individual is defined at #5USC552a as an #employee of the United States]
(2) for a #corporation, by the law under which it was organized; and
(3) for all other parties, by the #law of the state where the #court is located
[So let’s see if this case is brought in the “Name” of the #RealPartyInInterest or a #FicticiousPlaintiff. Let’s see what capacity was one sued under and there were suing under? ]
Whereas #title28 of the #USC is #judicialprocedure and defines what a court of the United States is as 28 U.S. Code § 451
“The term “court of the United States” includes the #SupremeCourt of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of #InternationalTrade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior.”
Where as this court and its departments and officers are defined thereunder… https://www.law.cornell.edu/regulations
Whereas #Article6clause2 clarifies: #ThisConstitution, and the Laws of the #UnitedStates which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the #supremeLaw of the Land; and the **Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.**
#article4section3caluse2 : the Congress shall have the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belongs to the United States…
#territorialjurisdiction [is the one that all others are built upon… it’s the get out of jail free card free gooroos are not talking about!]
Whereas RTC § 130 defines:
(e) “Marine document” includes registry, enrollment and #license, and license. [ how telling is this that they are enforcing a license as usual @Kaliman of Iyanola @El Hotepsekhemwy Pero ?? haaa]
(f) “ #Inthisstate ” means within the exterior limits of the State of #California, and includes all #territory within these limits *owned by, or ceded to, the United States of America*.
4 USC § 110:
(d) The term “State” includes any #TerritoryorPossession of the United States
(e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any #department, #establishment, or #agency, of the #UnitedStates; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a #FederalArea located within such State.
Therefore they are committing perjury where they say, “oh, federal law doesn’t apply here/to us…”,
Striking against the constitution: 5 USC 7311
Unauthorized practice of law: rule 5.5
unethical conduct: rule 8.4
Over throwing the Government violently: 18 U.S. Code § 2385
Disloyalty and asserting the right to strike against the Government
[18 U.S. Code § 1918] Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia.[they fired themselves!! haaa]
#Disqualification: 36 USC 70503
#Interrogatories and #R4A #requestforadmissions
[Who do statutes apply to and how?]
[Was the subject act committed while the actor was engaged in Commercial Interstate or Foreign commerce? #Artice1section8clause3 #18USC10 ]
[Was the #SubjectAct committed #inthestate pursuant to #article1section8clause17 ; 18 USC 7 (3)]
[Was the #SubjectPerson acting as a #person as defined in the code one is allegedly charged under? #Article1Section8Clause14 ]
[Was the #ArrestingOfficer within their territorial jurisdiction pursuant to 40 USC 255 (now 3112) ? Explained here in the justice ]
[Is their #Contract to enforce that statute on file with the head of the #agency pursuant to #48cfr52.212-5?]
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What is trustee malfeasance?
Trustee malfeasance refers to any type of negligent, self-serving, erroneous, or retaliatory conduct committed by the trustee of a trust resulting in harm to trust assets or beneficiaries. Trustee malfeasance is a broad term encompassing many different types of offenses, both intentional and unintentional. Trustees have many duties under the law, and failing to live up to any of them may provide grounds for a beneficiary to file a lawsuit.
What is the definition of trustee?
A trustee is a person nominated by a trust document to manage assets owned by another person or their estate. A trustee must always act in the best interests of the trust beneficiaries. A trust differs from a will in that it takes effect as soon as it is legally created, rather than upon the creator’s death. The trust’s creator is sometimes called a grantor, settlor, donor, trustor, or trustmaker. A trust’s creator often appoints themselves as their own trustee during their lifetime, and names a successor trustee to take over after they have passed.
What are trustee duties?
First and foremost, the trustee has a duty of loyalty. As a fiduciary, a trustee is legally bound to base all decisions regarding trust assets on what is best for the beneficiaries and in keeping with the stated or implied intentions of the trust document.
The trustee must also avoid and disclose any conflicts of interest. A common example is when a trustee sells trust assets to themselves. The fact that the trustee is acting as both the seller and the buyer makes such a transaction inherently suspect, even (and especially) when the trustee is also a beneficiary.
To help prevent conflicts of interest, trustees also have a duty to keep trust assets separate from personal assets. Any commingling or misappropriation of trust funds is strictly prohibited by law, though it remains alarmingly common. Trustees must always keep a detailed and transparent accounting of all transactions relating to trust assets, so if the trustee is unforthcoming with documentation, or the numbers don’t seem to add up, it may be a warning sign that a trustee is diverting funds to personal accounts or for personal expenses.
The duty of disclosure is another responsibility of the trustee. A trustee must always keep all parties to the trust reasonably informed of any action taken with regard to trust assets. Failure to formally notify beneficiaries of any material transactions may constitute a breach by the trustee.
Furthermore, the trustee must always act with impartiality, meaning they must never favor one beneficiary over another, or make any decision that benefits one beneficiary to the detriment of another. Violations happen most frequently when the trustee also is a beneficiary.
And while a trustee may need to employ professionals in certain circumstances, trustees generally have a duty not to delegate. This means that the trustee may not transfer their responsibilities or task someone else with performing the duties that the trust’s creator specifically intended for them to carry out personally, and if they do they will still be responsible for their agent’s acts.
Finally, a trustee has a duty to pursue on behalf and defend claims against the trust. This basically means that the trustee must proactively work to preserve trust assets in any legal proceedings, whether that means suing someone who damaged the trust, or defending the trust against a bogus claim.
Trustees have a lot of power and authority, and the law holds them to a very high standard, the highest standard, a fiduciary standard. It doesn’t take much for a trustee to breach their duties, either willfully or through sheer neglect and lack of understanding or ability. If you are a beneficiary who suspects a trustee of mismanaging a trust in any way, you need to consult a trust lawyer immediately to ensure your ability to redress their wrongs is not lost.
Is malfeasance the same as trustee fraud?
Trustee fraud is a type of trustee malfeasance, but one that involves an intentional bad act by the trustee to benefit him/herself to the detriment of the trust beneficiaries or third parties.
A classic example of trustee fraud is called a “sham trust,” in which a trust is set up only to serve the interests of the trust’s creator, with no real intention to transfer ownership of funds or property. The trust itself may be a legitimate legal document, but if the intent in creating it was somehow underhanded or self-serving, it may still qualify as trustee fraud. Sham trusts are sometimes made to create the appearance of distributing funds which are actually being stowed away in personal accounts or otherwise hidden for illicit purposes. The trust’s creator is usually attempting to evade tax authorities, creditors, or even an ex-spouse to whom they owe alimony. If you suspect that a trust was set up for any such reason, contact a trust litigation lawyer right away.
What is trustee negligence?
Trustee negligence occurs when a trustee fails to perform their fiduciary duties due to a lack of ability, attention or care. As opposed to more malicious and self-serving offenses like embezzlement or fraud, trustee negligence often happens simply because a trustee was unawre of the duties of a trustee, or got too busy or distracted to meet their obligations in a timely and appropriate fashion. Just because a trustee didn’t mean to do anything wrong doesn’t mean that beneficiaries haven’t been damaged all the same.
A common example of trustee negligence is that of a trustee who fails to properly invest trust assets or fails to insure them. Or perhaps the trustee didn’t reinvest dividends as instructed by the trust. Maybe they failed to take appropriate legal or financial action when trust assets were threatened in some way. In all these cases, no management is as bad as mismanagement, and courts tend to agree.
Can you sue a trustee?
Yes. You can sue a trustee for a wide variety of reasons, and often win, because a trustee is held to a very high legal standard of behavior and accountability. We win these cases all the time at RMO, because things like embezzlement, fraud, and commingling funds are sadly common. But also because trustees so often fail to keep full and accurate records, or simply fail to perform their administrative duties in an effective manner. Courts place a lot of trust in trustees. It’s right there in the name. So they tend to look unfavorably upon trustees who are abusing or otherwise failing to live up to the duties of their privileged position.
When can I sue for trustee negligence, mismanagement, fraud, or malfeasance?
There are multiple situations that can be cause for suing a trustee:
When a trustee is embezzling or stealing trust assets.
When a trustee is personally benefiting from trust assets via fraud, forgery, or coercion.
When a trustee is commingling personal funds with trust funds.
When a trustee is making suspicious or inappropriate gifts from the trust.
When a trustee is subjecting trust assets to unreasonable risk.
When a trustee is not complying with the trust’s accounting, investing, or distribution directives
When a trustee is no longer of sound enough mind or ability to perform their duties.
What is the penalty for trustee malfeasance?
Several outcomes are possible, depending on the circumstances of your case. But generally, the offending trustee will be removed, replaced and surcharged (or forced to pay for the losses they caused). The damaged beneficiary will then obtain a proper distribution of the trust — either out of trust funds, or in some cases, the personal funds of the losing trustee. In cases where the trust is deemed illegitimate altogether, due to the circumstances precipitating its formation, the trust may simply be terminated.
It’s worth noting that some trustees will try to delay and drag out legal proceedings in hopes of intimidating the challenging beneficiary with the threat of increased legal fees should the court order them paid by the losing party. But in our experience, trustees who engage in this behavior are just as likely to get fatigued and capitulate.
When should I contact a trust litigation attorney?
The simple answer is that you should contact a trust litigation attorney the moment something about a trustee, their decision-making, or their accounting just doesn’t feel right. Especially if you’ve asked to see supporting documents which they continually refuse to provide. In any case, realize that you have nothing to lose by getting a professional opinion. At RMO, our initial consultation is free.
Do I need a trust litigation attorney near me?
We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the trust is being administered. For example, if the trust’s creator lived in Miami, Florida, yet the trust is being administered in Los Angeles, California, we recommend working with a trust litigation lawyer in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.
People are realizing there are unqualified people sitting on the bench and it is up to us (we the people) to remove these illegitimate judges from their post.
28 U.S. Code § 455 – Disqualification of justice, judge, or magistrate judge
https://www.law.cornell.edu/uscode/text/28/455
26 U.S. Code § 6903 – Notice of fiduciary relationship
https://www.law.cornell.edu/uscode/text/26/6903
Malika the founder of the Lawful Living Community [www.lawfulliving.com] and administrator of the Freedom from Government Website [www.freedomfromgovernment.org] has published a 15 video series she titled, “As Above So Below”. Find a link to the first video in this series below, it is best to watch them in sequence:
Freedom Dove 
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