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Dr. Dean's Letter Requesting Documents
7 July, 2003
Benjamin W. Beard
Assistant U.S. Attorney
21 East Garden Street
Suite 400
Pensacola, Florida 32501
Dear Mr. Beard:
In regard to my responding to your subpoena to appear on 15 July 2003, to provide a handwriting exemplar before several agents, I request that you furnish me with certain information and documents. This is because I do not know you or the agents personally, or anything about you. The United States Supreme Court has warned the American public, in The Federal Crop Insurance Corporation v. Merrill, 332 &.S. 380 (1947):
“Whatever the form in which the Government functions,
anyone entering into an arrangement with the government takes the risk
of having accurately ascertained that he who purports to act
for the government stays within the bounds of his authority. The scope
of this authority may be explicitly defined by Congress or be limited
by delegated legislation, properly exercised through the rule-making
power. And this is so even though, as here, the agent himself may have
been unaware of the limitations upon his authority.” (at page
384, italic emphasis added).
Therefore, please furnish me with the following information, either beforehand, or at the time of the taking of the exemplars:
1. A copy of official identification for you and the designated agents who are to take the exemplar as agents of the United States Government.
2. A copy of the subscribed oath of office for you and the designated agents, pursuant to 5 USC Sections 3331 and 2906, and any other required oath(s).
3. A copy of the “request for grand jury investigation letter” and of Form 9131, Request for Grand Jury Investigation, authorizing this particular Grand Jury investigation, together with proof that the referral of my case has been made within the scope of the delegation of authority.
See, U.S. DOJ Tax Division Criminal Tax Manual (1994), Section 6-4.120, Grand Jury Investigations, which states that "In all cases, a copy of the request for grand jury investigation letter, together with a copy of the Form 9131 and a copy of all exhibits must be sent the Tax Division by overnight courier at the same time the case is referred to the United States Attorney," and that "Any case directly referred to a United States Attorney's office for grand jury investigation which does not fit the above fact pattern or in which a copy of the request for grand jury investigation letter has not been forwarded to the Tax Division by overnight courier or by telefax by Regional Counsel/District Counsel will be considered an improper referral and outside the scope of the delegation of authority."
Furthermore, Para 6-4.270 of the U.S. DOJ Tax Division Criminal Tax Manual (1994), "Criminal Division Responsibility," states that "The Criminal Division has limited responsibility for the prosecution of offenses investigated by the IRS. These offenses are: excise violations involving liquor tax, narcotics, stamp tax, firearms, wagering, and coin-operated gambling and amusement machines; malfeasance offenses committed by IRS personnel; forcible rescue of seized property; corrupt or forcible interference with an officer or employee acting under the internal revenue laws; and unauthorized mutilation, removal or misuse of stamps. See 28 CFR Section 0.70."
So, kindly provide me with:
4. A signed written statement, which states with specificity and particularity which of the above offenses apply to my matter, and under which of these authorizations the Criminal Division is investigating me for a potential prosecution.
It is only after receiving those documents that I can ascertain, under the guidelines of FCIC v. Merrill, whether I want to take the risk that you or your agents have the requisite scope of authority to require me to do anything. Thank you in advance for your quick response in providing the materials that show you are adhering to your oath of office and abiding by the constitution, laws, rules and regulations of the United States.
Yours truly,
Ward Dean, M.D.
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