By Bernard von NotHaus
Saturday, August 1, 2009
It is with a very heavy heart that I regret to inform you that I have suspended (closed) the Liberty Dollar operation until I am acquitted.
After 23 years of research and development plus almost 11 years of practical application in the marketplace, I did not make this decision easily. When I discovered that the FBI had issued an arrest warrant for me, I turned myself in to the U.S. marshals on June 4. After I was booked and made a very quick court appearance in Fort Myers, Florida, I was released on an appearance bond with certain terms, such as: Don't violate any laws, call every Tuesday, fax a report every month, etc. But when I made my initial appearance in U.S. District Court in Charlotte on July 6, I was ambushed by the Justice Department prosecutor with FBI Agent Romaguolo grinning by his side.
At the prosecutor's insistence, Judge Cayer issued an oral order:
"(Restricted) Setting conditions of release with additional condition: Defendants shall not circulate or aid in the circulation of any coins or currency in relation to the Liberty Dollar operation -- by Magistrate Judge David S. Cayer on 7/6/09."
Please note this is not exactly what the judge said in court. This is the written record. So upon leaving the courtroom I thought the Liberty Dollar was still secure even though the judge's wording was vague. But it should not be any surprise to you that vagueness could be deliberately used against me. Plus I initially thought that if I was incarcerated, I could bail out, but that turned out to be impossible. While the Eighth Amendment states, "Excessive bail shall not be required," it does not specify that bail must be set.
So Congress passed a law that permits the federal courts to set no bail. The U.S. Supreme Court has upheld that law. The simple truth is that federal courts in North Carolina do not set any bail. If you are arrested for a federal offense in North Carolina you are either out on an appearance bond or you sit in jail until your trial, which is usually more than a year for serious offenses such as counterfeiting and murder.
Given such a stern choice, I chose the appearance bond with all its encumbering terms and am forced to close the Liberty Dollar until I am acquitted. I trust you can commiserate with my decision.
My most heartfelt thanks for your support of the Liberty Dollar at its hour of need and in face of such uncertainty. You have been wonderful and I am deeply grateful for your support.
With your continued help we can win this case.
I am represented by Deke Falls.
Kevin Innes is represented by Claire J. Rauscher.
Sarah Bledsoe is represented by Joe von Kallist.
Rachelle Moseley is represented by Matthew Pruden.
As for pending Liberty Dollar orders, I regret that they are delayed. We are pursuing legal action so we can fill all orders placed before the judge issued the oral order. I will contact you if you placed an order after the oral order of July 6.
Your continued patience will be greatly appreciated as we give this our best shot. If you paid with a credit or debit card, please do not charge back or cancel your order with your card company, as this will have a disastrous effect on the Liberty Dollar. If you must cancel your order, please email me firstname.lastname@example.org and I will contact you personally. We are working on this matter and will resolve it as soon as possible. I will also send an email to you as soon as I know when you can expect your order.
Please donate something. If you think that the Liberty Dollar case is vitally important to the future of free-market money that is value-based, especially honest money of just weights and measures, then I invite and encourage you to take action. No, you don't have to "get involved." All you need to do is send something. Money in any form is good and anything we can sell on eBay is OK too. While the government has to pay for our defense, we still have to cover transportation and expenses for meetings with our attorneys and the trial.
If you prefer value-based, private money that appreciates against depreciating fiat government money, please do something to support the Liberty Dollar.
Please note that any donation is not for the legal defense fund, as the judge has barred us from raising funds for our defense because the government is paying for our defense. Sweet, eh? Please send donations to:
527 North Green River Road
Evansville, Indiana 47715
Thanks again for your continued support.
Come to the trial. Got a dog in this fight? My apologies if you are holding some of the warehouse receipts, had your property confiscated, or have not received your order. I encourage you to plan now to come to the trial. It most likely will be held in the first part of 2010. As the government has been working on its case for two years, we need time to organize our case and schedule witnesses, etc. Plan now for a trial in January at the earliest and I will keep you informed via the monthly Liberty Dollar News as we count down to liberating the Liberty Dollar and returning your property.Bernard von NotHaus is founder and monetary architect of the Liberty Dollar.
For further reading:
"Federal Government Continues Its Money Monopoly", Fred Foldvary, June 10, 2009
"Four Defendants Indicted in Unlawful Coin Operation", FBI Charlotte, June 3, 2009
"Issuing new money is a money-maker for banker insiders", Fred Foldvary, December 25, 2007
"Liberty Dollars Not Legal Tender, United States Mint Warns Consumers", The United States Mint, September 14, 2006