01/22/09 Larceny / Treason By Florida Bar Director “John F Harkness Jr”

Larceny Definition

 

Joaquin DeMoreta, Chairman of the Government Accountability Committee, in the Saint Augustine Tea Party, Florida; with all due respect and within the best way to proceed says as follow:

CM SUMMARY

 Officials of the state of Florida royally ripped Joaquin DeMoreta off of 1/2 acre of property a couple of years ago, lied about it and Joaquin DeMoreta want his day in court with the thieves-traitors-perjurers. They deserve to be tried for larceny-treason-perjury.

01/18/12 The Truth verses The Lies; The Two Sides of The Story

http://www.saintaugustineteaparty.com/site/01_18_12_The_Truth_vs_The_Lies%3B_The_Two_Sides_of_The_Story.html


PERSON (S)/ENTITIES CHARGED FOR LARCENY/TREASON


In accordance with the Florida Statutes Chapter 812.061 Section (2) the following, list the name, of the person(s) and entities that are charged with larceny/treason, due to production or aided to produce or with Official Government Duty produce or knowingly omitted, by failure to do something, failed his/hers 1st duty obligation, bounded by oath, to defend and protect our US Constitution, from domestic enemies, therefore betrayed our US Constitution, by the act of omission, and consented to produce of written fraudulent documents to obtain property for self or others; documents were filed in Court or aided to file in court, fraudulent documents or false statements to obtain property for self or others; self conduct that is a violation of a duty owed as a civic person or professional with the intent to obtain a benefit for self or the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system; or knowingly obtains or uses, or endeavors to obtain or to use, the property, or money, of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or benefit from the property; (b) Appropriate the property, or money, to his or her own use or to the use of any person not entitled to the use of the property.

In the Florida Bar
651 E Jefferson St., Tallahassee, Florida 32399-6584

120.		 Hon. John F Harkness Jr. (bar number 123390) Director Fl. Bar
121.		 Hon. Frances R Brown Lewis, (bar number 503452) Fl. Bar Counsel.
122.		 Hon. Jan K. Wichrowski, (bar number 381586) Fl. Bar Chief Branch Discipline Counsel.
123.		 Hon. Sung Lee, Fl. Bar Chair Grievance Committee "07B" 

STATEMENT OF THE FACTS


Joaquin M. DeMoreta-Folch
3925 State Road 16 
St. Augustine, Fl 32092
Home: (904) 829-0690
Cell Phone: (904) 704-7765
The Florida Bar
John F Harkness Jr. 
Executive Director
1200 Edgewater Drive
Orlando, Florida 32804-6314

		Attention: John F Harkness Jr. Executive Director Florida Bar

Reference:	 LARCENY IN PROGRESS UPDATE
		 Case Number: 2008-31,628 (07B)


Dear John F. Harkness Jr.:

Joaquin De Moreta-Folch victim of white collar crime in progress "Larceny"; with all due respect, within the best way to proceed says as follows:

THE TITLE SEARCH REPORT

1.	 On 09/24/07 were the effective date of search for Title Search Report provided for Kelley & Corneal, P.L. (See Title Search Report, Doc.73 Pages 1 to 5)

2.	 On 10/02/07 were prepared the Title Search Report (See Title Search R. Doc.73 Pages 1 of 5)

3.	 On 10/02/07 Seth Davis Corneal, Florida Bar Attorney No. 238200 knew the existence of Title Properties Official Records with common source of title for Seth D. Corneal client Evelyn Burnett. (See Title Search Report, ¶¶ 1 to 12 Doc.73 Pages 1 of 5)

4.	 On 10/02/07 Seth D. Corneal, knew there are easements for ingress and egress across parcel of land in Section 35 and 36 with post office address 3717 State Road 16 in Saint Augustine Florida 32092 (See Doc 23 Pages 2, 3, 4)

5.	 Post Office address 3717 State Road 16 in Saint Augustine Florida 32092 described in Title Search Report, ¶ 6 Doc.73 Pages 2 of 5 (See Doc. 17 Pages 4, 5, 6)

6.	 Easements for ingress and egress across parcel of land in Section 35 and 36 are described in Title Search Report, for example ¶ 11 Doc.73 Pages 2 of 5 (See Doc. 16 Pages 6, 7)

THE COMPLAINT

7.	 On 11/13/07 Seth Davis Corneal filed a Verified Complain CA-07-1567 based on false documents submitted in court demanding an Implied Grant of Way-of-necessity. (See Verified Complaint, ¶¶ 4-5, 6-7, 21-25, 29-34, exhibit B, exhibit C, Doc. Entry 1, 11/13/07)

8.	 Joaquin De Moreta-Folch own property located on Parcel 8 of Gabriel Williams Perpall Grant, Section 41, Township 6 South, Range 28, With no common source of Title with adverse parties’ properties located in Section 26. (See Doc. 11 Pages 5 of 6)

THE LAW

9.	 An implied grant of way-of-necessity arises only where a unity of title exists from a common source other than the original grant from the state or United States, pursuant Florida Statutes 704.01 (1) the verified Complain CA07-1567 is barred.

10.	 Any person who shall make or cause to be made any false statement, in writing, with a fraudulent intent of obtaining credit, goods, money or other property, shall be guilty of a misdemeanor of the first degree, pursuant Florida Statutes 817.03 (1).

11.	 When a lawyer with the intent to deceive the court, knowingly makes a false statement or submits a false document, disbarment is appropriate pursuant Florida Bar Lawyer Regulation Rule 6.11(a). See Citation (Board of Overseers of the Bar v. James Dineen, No. 83-46 (Maine 1983) at 41)

12.	 When a lawyer with the intent to deceive the court, improperly withholds material information, and causes serious or potentially serious injury to a party, or causes a significant or potentially significant adverse effect on the legal proceeding, disbarment is appropriate pursuant Florida Bar Lawyer Regulation Rule 6.11(b)

13.	 When a lawyer knows that false statements or documents are being submitted to the court or that material information is improperly being withheld, and takes no remedial action, suspension is appropriate, pursuant Florida Bar Lawyer Regulation Rule 6.12

14.	 When a lawyer in an official or governmental position knowingly misuses the position with the intent to obtain a significant benefit or advantage for himself or another, or with the intent to cause serious or potentially serious injury to a party or to the integrity of the legal process, disbarment is appropriate, pursuant Florida Bar Lawyer Regulation Rule 5.21 For example In re Rosenthal, 73 III.2d 46, 382 N.E.2d 257 (1978)

THE CORRUPTION

15.	 On 05/12/08 Frances R. Brown Lewis, Bar Counsel says: The bar has carefully reviewed the information provided herein. The Complaint will be purged from the discipline records and the file destroyed one year from the date of this letter. (See Doc. 74 Pages 1 of 2)

16.	 On 06/03/08 Jan K. Wichrowski, Chief Branch Discipline Counsel says: The Florida Bar is unable to assist you. The file will be purged from the bar records and the file destroyed one year from May 12, 2008. (See Doc. 74 Pages 1 of 2)

THE CONCLUSION

Seth Davis Corneal, Florida bar Attorney No. 238200 knowingly had violated the Florida laws.

When in public officials as Florida Bar lawyers Frances R Brown and Jan K. Wichrowski, is demanded a greater acceptance of responsibility and adherence to ethical standards, both, ignored false documents filed in the case No.: 2008-31,628(07B).  The Florida Bar shall stopped larceny crime in progress under the umbrella of the court; accountability and responsibility is expected especially from public officials working in the Department of Justice.



Respectfully submitted this, 22nd day of January 2009





Joaquin DeMoreta-Folch




THE LAW

CONSPIRACY AGAINST RIGHTS
If two or more persons conspire to any person in the free exercise or enjoyment of any right or privilege secured to him by the Constitution; They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
US Code Title 18 CRIMES Chapter 13 CIVIL RIGHTS Section 241 CONSPIRACY AGAINST RIGHTS
http://uscode.house.gov/download/pls/18C13.txt

CITIZENSHIP RIGHTS 
In allegiance with the Amendment 14 Citizenship Rights; Section (1) Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section (3) No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
Section (5) The Congress shall have power to enforce, by appropriate legislation, the provisions of this article
Amendment 14 Citizenship Rights
http://www.usconstitution.net/const.html#Am14

FALSE OATH PENALTY OF PERJURY

If any person required by the provisions of ss. 876.05 – 876.10 to execute the oath herein required executes such oath, and it is subsequently proven that at the time of the execution of said oath said individual was guilty of making a false statement in said oath, he or she shall be guilty of perjury.
(See link below; Florida Statutes Title 46 Crimes; Chapter 876 Criminal Anarchy, Treason, and other crimes against Public Order; Section 876.10 False Oath Penalty of Perjury)

Florida Statutes 876.10 False Oath Penalty of Perjury

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.10.html

OBSTRUCTING JUSTICE

Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with the intent to intimidate, hinder, or interrupt any other person in the legal performance of his or her rights under the constitution or laws of this state, whether such intent is effected or not, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Florida Statutes. Title 46 Crimes. 
Chapter 843 Title: Obstructing Justice
Section 843.03 Title: Obstruction by disguised person.

PENALTY FOR NOT DISCHARGING

 Any governing authority or person, under whom any employee is serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in employment after failing to comply with the provisions of ss. 876.05-876.10, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(See link below; Florida Statutes Title 46 Crimes; Chapter 876 Criminal Anarchy, Treason, and other crimes against Public Order; Section 876.06 Penalty for not discharging)

Florida Statutes 876.08 Penalty for not discharging

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.08.html

SCOPE OF LAW

 The provisions of ss. 876.05 – 876.10 shall apply to all employees and elected officers of the state, including the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system. 
(2) This act shall take precedence over all laws relating to merit, and of civil service law.
(See link below; Florida Statutes Title 46 Crimes; Chapter 876 Criminal Anarchy, Treason, and other crimes against Public Order; Section 876.09 Scope of Law)

Florida Statutes 876.09 Scope of Law

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.09.html

DISQUALIFICATION 
In conformance with U S Constitution Article 2 (4) Disqualification; The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
U S Constitution Article 6 Disqualification
http://www.usconstitution.net/const.html#A2Sec4
SUPREME LAW
In accordance with the U S Constitution Article 6; Supremacy; This Constitution shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
U S Constitution Article 6; Supremacy;
http://www.usconstitution.net/const.html#Article6
BOUND BY OATH 
In compliance with the U S Constitution Article 6 Oaths; The Judges in every State shall be bound thereby to this Constitution. The Senators and Representatives, and all executive and judicial Officers, of the United States, shall be bound by Oath or Affirmation, to support this Constitution.
U S Constitution Article 6 Oaths;
 http://www.usconstitution.net/const.html#Article6
RIGHT TO SPEEDY TRIAL, CONFRONTATION OF WITNESSES
In Pursuance with the USA Constitution Amendment 6 Right to Speedy Trial, Confrontation of Witnesses; In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, to be confronted with the witnesses against him;
Amendment 6 Right to Speedy Trial, Confrontation of Witnesses
http://www.usconstitution.net/const.html#Am6


Please proceed accordingly.

JOAQUIN DEMORETA-FOLCH
Chairman Government Accountability
SAINT AUGUSTINE TEA PARTY
3925 State Road 16
Saint Augustine, Florida 32092
Telephone: (904) 704-7765
E-mail: joaquin@eternalrefuge.com
Web Site: saintaugustineteaparty.com


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