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Subject:  Motion to Dismiss.
From:  Michael Williams micwill@iprolink.ch
Date:  28-Aug-95 03:20
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IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT EASTERN DIVISION



UNITED STATES OF AMERICA,       )

                                                )

                        Plaintiff.              )       CASE NO. 94 24 83

                                                )

                v.                              )       JUDGE LEINENWEBER

                                                )

MICHAEL WILLIAMS,                               )

                                                )

                        Defendant.              )




DEFENDANT'S AFFIDAVIT OF EVENTS PERTAINING TO UNLAWFUL SEIZURE OF ASSETS


I, Defendant Michael Williams, declare that I am the Defendant in the above- entitled proceeding and state that in an attempt to protect my rights, I am preparing this affidavit without the assistance of counsel.


On 18. March 1988, agents of the Federal Bureau of Investigation (FBI), apparently led by Special Agent Richard C. Loyd, of the Chicago FBI office, forced their way into my residence at 27810 Pine Drive in Evergreen, Colorado, and placed me under arrest.


At the time of the arrest, the agents immediately began to recklessly and indiscriminately seize assets and property legally belonging to me, members of my family, and Pioneer America Corporation.


My demands to see a warrant for my arrest and a search warrant were ignored.


Agent Loyd stated that they did not have warrants, did not need them, but could get them anytime they liked.


My wife and my tenacious objections to the seizure, the haphazard manner in
which it was being conducted, and the items which were being seized, irrespective of their ownership, protection under attorney-client privilege, political sensitivity, confidentiality or lack of value as evidence in any possible criminal case, were completely ignored.


After my arrest, I was transported to the Denver County Jail.


After my arrival at the Denver County Jail, my wife and I contacted the law
firms of Michael Monico (in Chicago), Robert F. Bourne, (in San Diego,
California), Senator Gary Hart, (in Denver), and John Dunsmoor (in Denver) to arrange representation.


Attorney Michael Monico had advised me shortly before my arrest that he had
entered into an agreement with Assistant U.S. Attorney Laurie Barsella that in the event I was to be indicted, and my arrest desired, he could surrender me voluntarily. When my wife and I contacted Mr. Monico to inform him that Ms. Barsella had violated her agreement and I was incarcerated, Mr. Monico refused to represent me further unless I paid an exorbitant fee in advance. Although Mr. Monico stated that the seizure of my property was unlawful, he stated that any attorney could file a simple motion and have the property immediately released.


Attorney Robert F. Bourne, my long-time friend and counsel, contacted the U.S. Attorney's Office in Chicago after learning of my arrest. He advised me that arrangements were being made in Chicago to allow the proceedings against me to take place in Denver. He stated that he was awaiting a telephone call from the U.S. Attorney's Office in Chicago.


Senator Gary Hart was not available when I attempted to contact him via telephone, however, I spoke to his law partner several times. I was advised that Senator Hart had relayed a message that he would do everything in his power to assist me and to make sure that I was not removed from the state.


Attorney John Dunsmoor visited me at the Denver County Jail and advised me he was a former Chicago FBI Special Agent. He stated that my arrest was a breach of trust of Assistant U.S. Attorney Laurie Barsella. After stating that he had contacted the Chicago FBI and the Chicago U.S. Attorney's Office, he agreed to accept my case for a minimal fee. He agreed with attorney Michael Monico that the seizure of my property was unlawful, and that the filing of a simple motion was all that was required to have the Court order the property immediately returned.

My wife, staying at the residence of Karen Trujillo, an aide to my "Draft Hart Committee", began to try to raise the funds necessary to retain John Dunsmoor, and to await news from Robert F. Bourne and Senator Hart.


On 24. March 1988, I appeared before U.S. Magistrate Hilbert Schauer in Denver. Since the FBI had seized all of my and my family's and corporation's assets and property, and terrorized my friends into not assisting me in any way, thus making it impossible for my wife to raise the necessary legal fees, I was forced to accept representation by Janine Yunker, an Assistant Federal Defender.


Ms. Yunker lied to, deceived and grossly misled me as to my rights; her obvious sole intention being to assist the FBI into "legally" removing me from Colorado and transporting me to Chicago, Illinois. The fact that I had never been to Chicago in my life fell upon Ms. Yunker's deaf ears.


Despite the fact that I was a prominent citizen, corporate president and political activist/advisor, with a close-knit family and many friends at the highest levels of society, Ms. Yunker's intentionally ineffective representation at the hearing on 24. March 1988, along with her lies, trickery and deceit, led to the Magistrate's agreeing to allow me to be removed from my state.


After succeeding in assisting the FBI in "legally" removing me a great
distance from my state and my family - including my wife, who was six months pregnant, and my 2-year-old daughter, Ms. Yunker told my wife, and several of my friends, including Selma Lock, a captain and delegate of the Colorado Democratic Party, that I would shortly arrive in Chicago and, after a prompt bail hearing there, would certainly be released on my own recognizance and allowed to return to Colorado to await trial if the charges were not dismissed.


While I remained in the Denver County Jail, I had several more discussions with attorney John Dunsmoor, who still stated that he was certain he could prevent me from being transported to Chicago, and that he would make the necessary arrangements as soon as he received his fee.

While my wife continued in vain to attempt to raise the necessary legal fees, I was removed from the Denver County Jail and from my state.

Upon being removed from his state, I was transported around the United States to various federal prisons, beginning with El Reno Federal Penitentiary in Oklahoma. Court-appointed attorney William J. Stevens later told me this was an effort to keep me "lost in the system" while the U.S. Attorney's Office decided what charges to indict me on, utilizing evidence seized from my home at the time of my arrest.


I eventually arrived in Chicago, where I was incarcerated in the maximum-security Metropolitan Correctional Center. I was never provided with a proper bail hearing, in direct violation of my constitutional rights, and was forced to remain in custody in this ghastly facility until on or about 1. April 1989.


After the unlawful seizure of my assets and property, they were apparently unlawfully removed from my State of Colorado and transported to Chicago, Illinois and Washington, D.C. As the FBI had no right to seize the assets and property, to begin with, they certainly had no right to transport it out of the state and across several state lines. This constitutes the federal offense of Transportation of Stolen Property Across State Lines.

I have never been provided with an inventory of the assets and property seized by the FBI at the time of his arrest, despite my continuous demands. I have never been provided with a proper hearing regarding the seizure of my assets and property, despite my continuous demands.


The facts of this case, including the question of rightful jurisdiction, have never been properly litigated, despite my continuous demands.

I have never been informed where my assets and property have been held for nearly eight years, despite my continuous demands.

I have asserted since the day of my arrest that proper jurisdiction for any legal action against me is the District of Colorado, and have continuously demanded that legal proceedings take place there.


From the moment William J. Stevens was appointed as my attorney, I demanded that Mr. Stevens move to transfer all legal proceedings from Chicago to theDistrict of Colorado. Mr. Stevens, acting in collaboration with the FBI and U.S. Attorney's Office against me, refused to file such a motion, or any other motions Defendant demanded be filed, including the most standard motions. This was a major point of my formal complaint, filed against Mr. Stevens with the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois.

I was transported far from my home in Colorado to Chicago to face alleged white collar crime charges because the FBI realized that the Chicago courts would turn a blind eye to the unlawful seizure of my property and mass violations of my rights, and because the FBI wanted to bring pressure on meto plead guilty by separating me from my family and constantly making such threats against me as the arrest of my wife if I did not "cooperate" and plead guilty. The unlawful seizure of property by police in the United States, and particularly in the Chicago area, has become so notorious and so common that international news media constantly report on it. One of numerous examples is The Freedom, Wealth & Privacy Report, which features a cover story in their March/April 1995 issue, entitled COPS AND ROBBERS! The Asset Forfeiture Racket. Page 4, Column 2, 1 reads: "Asset forfeiture is now an accepted part of U.S. policing methods. Advice is given on how to set up a special AFU (asset forfeiture unit) in the trade journal of the American police - "The FBI Law Enforcement Bulletin". This publication also praises the Chicago Police Department's AFU, setting it up as a model for other forces to copy."


Everyone who has been involved on this case, or who has any reliable knowledge about it, is convinced that the FBI stole my assets and personal property.

This includes everyone from attorney William J. Stevens to attorney Robert Clarke. I have been fighting to have my property returned to me for nearly eight years. All I have received are more violations of my rights.



Respectfully submitted,


MICHAEL WILLIAMS, in Pro Se

Postfach 20

CH-3112 Allmendingen bei Bern

Switzerland


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