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Subject to laws, statutes, codes etc

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  • jm367@bellsouth.net
    You may be a responsible person, however, as a condition of franchise. John doing business as Acme Medical Clinic, in his DBA acts, is liable to the statute
    Message 1 of 1 , Aug 26, 2004
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      You may be a responsible person, however, as a condition of franchise.
       
      John doing business as Acme Medical Clinic, in his DBA acts, is liable to the statute and regulatory law for Medical Clinics.   The doing business as constitutes a nexus linking John to the statute and regulatory law for Medical Clinics. 
       
      The States, in their sovereign capacity, have courts of general jurisdiction. 
      Federal courts are of limited jurisdiction and a federal nexus, created by a statute or regulation properly pursuant thereto, is required for jurisdiction.
      For instance:       UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

      Joseph J. PINKUS trading as More-Wate Co., Plaintiff,

      v.

      Louis A. REILLY, Postmaster of the City of Newark, New Jersey, Defendant

      157 F. Supp. 548

      December 26, 1957

      Specifically, under the provisions of the fraud order statute, 39 U.S.C.A. 259, 732, plaintiff Pinkus was brought before the Post Office Department for an administrative hearing as to whether or not he had violated that statute, by advertising a preparation which he alleged would result in the increase of the weight of the user.
       
      Here the federal nexus was the fraud order statute, 39 U.S.C.A. 259, 732
       
      Notice that interstate commerce is a federally regulated matter.  "And it may embrace also the vehicles and persons engaged in carrying it on. It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the cars engaged in transporting passengers or merchandise from one State to another, and over the persons engaged in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and maritime jurisdiction, has never been supposed to extend to contracts made on land and to be executed on land. But if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on water under that authority, the same reason would justify the same exercise of power on land." Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
       

      The broad language of Title 27, Code of Federal Regulations, Part 72.11 makes almost all crimes whether or not they are Federal or States crimes "commercial crimes." The relevant part of the text is as follows:

      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 marihuana will be treated as if such were commercial crime.

      In the Ebsworth & Ebsworth lecture of 1994,  Proctor Wiswall states: "Congress has been repeatedly held by the Court to have the power to extend the admiralty and maritime jurisdiction by statute, and Congress has repeatedly exercised that power;" (see e.g., The "Lottawana", 88 U.S. 558 (1875); also Panama Railroad v. Johnson, 264 U.S. 375 (1924)).

      TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES

      CHAPTER 1 - GENERAL PROVISIONS

      Sec. 7. Special maritime and territorial jurisdiction of the United States defined

      The term ''special maritime and territorial jurisdiction of the United States'', as used in this title, includes:

      (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

      (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

      (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

      (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States.

      (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

      (6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.

      (7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.

      (8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.

      -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589; Pub. L. 97-96, Sec. 6, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 98-473, title II, Sec. 1210, Oct. 12, 1984, 98 Stat. 2164; Pub. L. 103-322, title XII, Sec. 120002, Sept. 13, 1994, 108 Stat. 2021.)

      Notice that a criminal and a penal jurisdiction are distinguished, the latter being more encompassing as having purposes of correction and rehabilitation and deterrence and not mere purpose of punishment.  I submit that the ''special maritime and territorial jurisdiction of the United States'' is a penal jurisdiction.

      Is a comma significant ?  :

      (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof,

      (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof,

       

      And what about cases involving the IRS? Does the IRS come after people in a maritime jurisdiction? The courts have held:

      That a participant would be subject to criminal maritime charges pursuant to Title 26 U.S.C. 6012(1)(F) and under 18 U.S.C. 3045, by non-governmental IRS Agents; because: In this country revenue causes had so long been the subject of admiralty cognizance, that Congress considered them as civil causes of Admiralty and Maritime jurisdiction. The Huntress, 12 Fed. Case 984 at 992, no. 6,914, (1840).

      Although, presumably for purpose of obtaining jurisdiction, action for forfeiture under Internal Revenue Laws is commenced as proceeding in Admiralty. United States v. $3,976.62 in currency and one 1960 Ford Station Wagon, serial #0C66W145329, 37 FDR 564, (1965).

      Forfeiture should be an action of debt. Debt begins in Admiralty whether on land or navigable waters. United States v. $5,372.85, 283 F.Supp. 904 (1968).

      If the claim is cognizable only in Admiralty, it is an Admiralty or Maritime claim for those purposes whether so identified or not. FRCP Rule 9(h).

      DeLovio v. Boit, 7 Fed. Case 3,776 (1815) Policy of insurance is a Maritime Contract – A policy of insurance is a maritime contract and therefore of admiralty jurisdiction.

      Social Security (FICA) is a maritime insurance policy according to United States Federal Statutes Annotated, Vol. IX, page 92, Article III, Sec. 2, VII, 5(5).

      But, Social Security is not a contract.  It is, logically, then, a political policy of insurance made in the maritime jurisdiction by Act of Congress.  It has disability provisions and death benefit provisions and old age payment provisions.

      How is Unemployment Compensation insurance or Medicare insurance or Workman's Compensation insurance any different ?  These are all political policies of insurance enacted into law.  But, is it public or private law ?  Somebody asked, why do they want a signature ?  Because, private law requires it, it seems evident to me.

       

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