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AMICUS CURIAE FILING EXPOUNDS UNCONSTITUTIONALITY OF SENDING $20,000 SANCTION TO NON-PROFIT

by John Charlton

(Oct. 28, 2009) — In a filing which is anything but what its name means (Amicus curiae = “friend of the court”), Victor M. Serby of Woodmere, NY, has sent Judge Clay D. Land a scathing legal rebuke for the latter’s attempt to award the $20,000 Sanction against attorney Orly Taitz, esq., to a non-governmental entity.

In this 13 page filing, Serby cites a potential violation of 31 USC § 1341, for Land’s stated consideration to pay the award to the National Infantry Foundation, at Fort Benning, Georgia, after receiving it from Taitz on behalf of the U.S. Treasury.  Such a violation, according to 31 USC § 1350, carries the penalty of a $5,000 fine and a maximum imprisonment of 2 years.

In support of his argument, he cites Office of Personnel Management vs. Richmond 496 U.S. 414, 424-430 (1990), which ruled that a District Court cannot assign monies received to the U.S. Treasury as penalties for transgressions before its bench; since it pertains to Congress alone, and not to the Article III Judiciary to spend public monies of the Federal Government.

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