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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
| ) | |
| IN RE: THE MATTER | ) |
| OF INVESTIGATION | ) |
| OF WARD DEAN | ) |
| ______________________________ | ) |
MOTION TO COMPEL DISCLOSURE
COMES NOW Movant pro se, Ward Dean (hereinafter “Movant”), pursuant to F.R.C.P. Rule 12(a) and hereby files this Motion to Compel Disclosure. In support thereof, Movant states:
1. On July 7, 2003, Movant forwarded correspondence to Assistant U.S. Attorney, Benjamin W. Beard (hereinafter “AUSA Beard”). Said correspondence was for the purpose of obtaining infor-mation directly relevant to the matters now before this Court. A copy of this correspondence is attached hereto and incorporated by reference. (See: Exhibit "A")
2. On July 8, 2003, Movant forwarded correspondence to AUSA Beard. Said correspondence was for the purpose of obtaining information directly relevant to the matters now before this Court. A copy of this correspondence is attached hereto and incorporated by reference. (See: Exhibit "B")
3. On July 9, 2003, AUSA Beard authored his response to Movant's request for information. Said response not only denied Movant's reasonable request for information, but review of same dis-closes the utter and complete absence of professionalism one would expect from a governmental employee in AUSA Beard’s position. A copy of this correspondence is attached hereto and in-corporated by reference. (See: Exhibit "C")
3. Movant is, and wishes at this stage to remain, unrepresented by legal counsel, as is his right to do so. Movant is a layperson and not knowledgeable in all the intricacies of these proceedings, and relies on this Honorable Court to protect him from any unknowing waiver of any of his related rights.
4. Movant has discovered through independent research certain erroneous information included within the current IRS assessment, which is the subject matter of the instant investigation.
5. Based upon the forgoing, Movant posed several questions
to AUSA Beard, so as to determine the exact nature and scope of the
current matter under Grand Jury review. As authority in support of his
request for information, Movant relies on the authority of The Federal
Crop Insurance
Corporation v. Merrill (1947) 332 US 380. Wherein it states, in pertinent
part:
"Whatever the form in which the Government functions, anyone enter-ing into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the govern-ment 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."
(Id., at 384, emphasis added)
WHEREFORE, Movant respectfully prays this Honorable Court grant careful review of the facts and matters presented herein, and thereafter grant this instant motion to compel response to the reasonable inquiries made of the government in relation to this matter.
_____________________________
Ward Dean, M.D., Pro Se
Commander, U.S. Navy (Retired)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished to: Benjamin W. Beard, U.S. Attorney, Northern
District of Florida, 21 East Garden Street, Suite 400, Pensacola, Florida
32501 on this ___ day of July, 2003 via U.S. mail, or by hand delivery.
____________________________
Ward Dean, M.D.
Movant pro se
