|
January 9, 2007 A.D. Certified Mail No __________________________________
From: Max Greigo P.O. Box 3283 Alamagordo, New Mexico 88310 John L. Gaudio UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF HEARINGS AND APPEALS Interior Board of Land Appeals 801 North Quincy Street, Suite 300 Arlington, Virginia 22203 To: H. Barry Holt, Chief Administrative Judge U.S. Department of the Interior Office of Hearings and Appeals Interior Board of land Appeals 801 North Quincy Street, Suite 300 ARLINGTON, Virginia 22203 NOTICE of FRAUD FOR BREACH OF FIDUCIARY DUTY Dear John L. Gaudio: I have received but not accepted your letter dated January 5, 2007. Your letter is not a proper response to my December 18, 2006 letter. You as a public official have a fiduciary duty to protect the interests of those you serve. Your failure to respond to my specific requests on a point by point basis is a breach of fiduciary duty. Fiduciary duty is created mainly through the operation of contracts and private law, such as employment agreements, oaths of office, etc 63 C Am.Jur.2d Public Officers and Employees, Sec 247 " Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute . See United States v. Dial, 757 F.2d 163, 168(7 th Cir 1985)-- includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987) Your failure to respond to my good faith request for verification of the alleged "obligation" you a government employee in respect to a member of the public is a breach of your fiduciary duty as a trustee of the people of the United States of America and amounts to constructive fraud . "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading." U.S. v. Prudden, 424 F. 2d 1021(5 th Cir 1970) Your silence on my good faith request for verification operates an estoppel. I await your proper response to my good faith request. ________________________________________ Max Griego
All Rights Reserved without Prejudice
Copy to: H.Barry Holt Chief Administrative Judge Field Solicitor U.S. Department of Interior Sam DesGeorges Field Manager |