Suggested start:
Please consider the below document as information that could help all of you in your problem with the IRS taking your land. Please read this document as if the conservation easement you have is fraudulent, then the whole easement should be fraudulent so IRS's hold should be null and void, as should your hold on the easement.
Please do not construe this as legal advice. This is only a suggestion.

Kimmi

 

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