Martin Mahoney

From Wikipedia, the free encyclopedia
Jump to: navigation, search

Martin Vincent Mahoney (February 22, 1915 - August 22, 1969) was a Scott County, Minnesota justice of the peace who presided over the initial trial in the case of First National Bank of Montgomery v. Jerome Daly, Dec. 9, 1968 (Justice Court, Township of Credit River, Scott County, Minnesota), also known as the Credit River case. This case has been cited by various conspiracy theorists and anti-Federal Reserve System protesters as authority for the proposition that foreclosure is illegal. According to a statement published at the Minnesota State Law Library web site, the Credit River decision is not legal precedent, since it was undertaken by a justice of the peace (see also Subject-matter jurisdiction), and was eventually overruled by other court decisions.[1] The defendant, Jerome Daly, was a longtime tax protester[2] and attorney who was later disbarred by a decision of the Minnesota Supreme Court.[3]

Mahoney died on August 22, 1969, soon after the court case, before the Minnesota Supreme Court could impose discipline on him and Daly.[4]

References[edit]

  1. ^ "Legal Topics: The Credit River Case". Minnesota State Law Library. Archived from the original on 2010-01-31. Retrieved 2010-02-25. 
  2. ^ vLex.com - International Law: United States v. Daly, 481 F.2d 28, 73-2 U.S. Tax Cas. (CCH) paragr. 9574, 32 A.F.T.R.2d 5534 (8th Cir.) (per curiam), cert. denied, 414 U.S. 1064, 94 S. Ct. 571, 38 L.Ed.2d 469 (1973) Minneapolis, MN - 09. August 1973 [1]. Daly was convicted of willfully failing to file federal income tax returns for the years 1967 and 1968. In rejecting his appeal, the United States Court of Appeals for the Eighth Circuit noted: "Defendant's fourth contention involves his seemingly incessant attack against the federal reserve and monetary system of the United States. His apparent thesis is that the only 'Legal Tender Dollars' are those which contain a mixture of gold and silver and that only those dollars may be constitutionally taxed. This contention is clearly frivolous." Id.
  3. ^ In re Daly, 291 Minn. 488, 189 N.W.2d 176 (1971) (per curiam). Daly was also convicted of conspiracy to defraud the United States under 18 U.S.C. section 371, fifteen counts of willfully aiding and assisting in the preparation of false individual income tax returns under Internal Revenue Code section 7206(2), and one count of aiding and abetting the making of a false statement to the United States government under 18 U.S.C. sections 2 and 1001, in connection with a tax scheme involving the "Basic Bible Church of America." United States v. Daly, 756 F.2d 1076, 85-1 U.S. Tax Cas. (CCH) paragr. 9404, 55 A.F.T.R.2d 1317 (5th Cir. 1985).
  4. ^ Zurn v. Northwestern National Bank of Minneapolis, 284 Minn. 573, 170 N.W.2d 600.

External links[edit]