1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Written Communication Address: SIMPE, Corporation Sole c/o: Non-Domestic 9163 W. Union Hills #105-30 Peoria (82) Arizona

Federal District court of the United States

District of Arizona Article III Sitting in law and equity
Shawn Rice, ) Case No.: CV __________________ ) Plaintiff, ) MEMORANDUM OF LAW AND Vs. ) POINTS AND AUTHORITIES IN SUPPORT ) FOR COMPLAINT ALLEGING FIDUCIARY John Ashcroft, as Alien Property ) MISCONDUCT BY NONFEASANCE AND Custodian and Common Law Trustee, ) FAILURE TO PERFORM, DISCLOSE ) RECORDS AND DISTRIBUTE TRUST RES Defendant ) UPON BENEFICIARY INSTRUCTIONS )) AFTER GRANTOR TRUST TERMINATION. ) CAPACITY OF PLAINTIFF. MEMORANDUM OF LAW AND POINTS AND AUTHORITIES IN SUPPORT FOR COMPLAINT ALLEGING FIDUCIARY MISCONDUCT BY NONFEASANCE AND FAILURE TO PERFORM, DISCLOSE RECORDS AND DISTRIBUTE TRUST RES UPON BENEFICIARY INSTRUCTIONS AFTER GRANTOR TRUST TERMINATION. CAPACITY OF PLAINTIFF. 1. Two names that sound the same when spoken do not always mean the same in a jurisdictional sense. The concept of idem sonans

illustrates this point and is defined in Blacks Law Dictionary, Fourth Edition (page 880),

020310 -- [149010420.doc], page 1 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling as Lawrence and Lawrance, and the like. Two names are said to be idem sonantes if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and long-continued usage has by corruption or abbreviation made them identical in pronounciation. State v. riffle, 118 Mo. 188, 23 SW 878. The rule of idem sonans is that absolute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pronounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced, the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. State v. Hattaway, 180 La. 12, 156 So. 159. But the doctrine of idem sonans has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the opposite party to his prejudice. State v. White, 34 S.C. 59, 12 S.E. 661, 27 Am.St.Rep. 783; Thompson v. State, 58 Ga.App. 679, 199S.E. 787, 788. Therefore, two names such as Shawn Talbot Rice and SHAWN TALBOT RICE are not the same in a legal sense. 2. The entity known in as the SHAWN TALBOT RICE is a and grantor trust, as as a

demonstrated

Trust

Memorandum,

operates

transmitting utility and a straw man.

The term transmitting utility is defined by the Uniform Commercial Code Chapter 9 (105, 401, and 403). Transmitting Utility means any person primarily engaging the railroad, street railway or trolley bus business, the electric or electronics communications transmission business, the transmission of goods by pipeline, or the transmission or the production and transmission of electricity, stream, gas or water, or the provision of sewer service. UCC 9-105(n) . . . the proper place to file in order to perfect a security interest in collateral . . . of a transmitting utility is the office of the Secretary of State . . . UCC 9-401(5). If the debtor is a transmitting utility . . . and a filed financing statement so states, it is effective until a termination statement is filed . . . UCC 9-403(6).

020310 -- [149010420.doc], page 2 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

3. The term Straw man is defined by Blacks Law Dictionary Sixth Edition as A front; a third party who is put up in name only to take part in a transaction in name only. Nominal party to a transaction . . . The term is also defined by Barrons dictionary, Third Edition, and is also used in commercial and property contexts when a transfer is made to a third party, the straw man [person], simply for the purpose of re-transferring to the transferor in order to accomplish some other purpose not otherwise permitted. 4. Shawn Rice or Shawn Talbot Rice are names that represent the man as Sovereign, Plaintiff. The differentiation between the all capital

name SHAWN TALBOT RICE and Shawn Rice is critical and presumed separate in relation to these proceedings. Presumptions of the

differences therein shall operate as defined in these premises.

5. Plaintiff has controlling interest over said transmitting utility SHAWN TALBOT RICE pursuant to UCC-1 filing, Exhibit 1,

incorporated herein as if fully set forth.

6. Plaintiff presents Affidavit that demonstrates current capacity and status in relation to Defendant, Exhibit 2, incorporated herein as if fully set forth.

7. A number of memoranda were presented to Defendant in the earlier administrative process wherein estoppel-by-record was established regarding a number of issues. Some of these issues demonstrated

were in regard to the contractual relationship with Defendant, in what particular capacity(ies), the previous relationship, the

claim(s) made, the abjuration of the realm (jurisdiction) of the

020310 -- [149010420.doc], page 3 of 5

1 2 3

previous

relationship

and

other

issues,

Exhibit

3,

incorporated

herein as if fully set forth.

8. Plaintiff did also execute a procedure in the fall A.D. 1999, at the
4

United
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

States

Embassy

located

in

Vancouver,

British

Columbia,

wherein a renunciation of certain contractual indicia were declared, demonstrated and stated affirmatively before a consular officer, under oath of affirmation to terminate certain specific terms and conditions, Exhibit 45, incorporated herein as if fully set forth. Said Exhibit is demonstrated via written, transcribed tape recording as well as by United States State Department documentation.

9. Therefore, the only agreement upon which Plaintiff operates remotely related to Defendant (other than the terminated trust agreement) is the Constitution of Arizona, A.D. 1910. Said Constitution is

predicated upon the previous agreement set forth in the Book of Genesis, Chapter 17, refer to Biblical Memorandum.

020310 -- [149010420.doc], page 4 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

CERTIFICATE OF SERVICE UPON DEFENDANT

Under the pains and penalties of perjury and in accordance with the nature of Rule 4(i)(1)&(2), Federal Rules of Civil Procedure, Plaintiff hereby affirms that service of process upon the Defendant(s) was made this ___ day of ___________ the year of our Lord 2002. VERIFICATION Under penalty of perjury, I, Shawn Rice, do hereby affirm that I have fully read and understand the foregoing instrument in its entirety and further affirm that all averments contained in this document are true and correct to the best of my knowledge. Respectfully submitted,

___________________________________ Shawn Rice, Plaintiff C/o: SIMPE, Corporation Sole, c/o: Non-Domestic 9163 W. Union Hills #105-30 Peoria (82) Arizona Tel: 623-825-1887 Fax: 602-716-5528 Jurat/Acknowledgment Arizona-stateon the land secured by Land Patent and beyond the sea. Maricopa county on the land And beyond the sea ) ) ) ) ) ss: ASSEVERATION

On this ___ day of ______________, the year of our Lord 2002, the subscriber did personally appear before me, is known to be the Plaintiff described herein, who executed the foregoing, acknowledged the contents thereof, and executed the same as his free act and deed. Subscribed before me the undersigned Notary. Notary Officer_____________________________________ Original of the foregoing posted via registered post this ___ day of ______________, A.D. 2002, to: John Ashcroft, Trustee 950 Pennsylvania Avenue NW. Washington, 20530 DC seal

020310 -- [149010420.doc], page 5 of 5