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P. MEMMIUS ALBUCIUS praetor edict nb PR 62-03 throwing intercessio on a decision taken by aedilis curulis Gn. Iulius Caesar I, Publius Memmius Albucius, praetor, by the authority vested by the constitution, the laws and the Senate of Nova Roma, and in view of the existing rules; In view of the message sent to the Senate of Nova Roma today, a.d. XVI Kal Maias 2762 auc (Th 16th of April 2009), by Aedilis curulis Gn. Iulius Caesar (Senate "list", nb 14722), which tells especially: "(..)Now that it has become clear to me that the corporation and individual members, including myself, would be at increased and increasing daily risk by the continued operation of this project, I have exercised my authority and disabled the Magna Mater Project webpage. I am not prepared to tolerate this continued exposure under Federal and US law. It matters not that we have the webpage hosted outside of the USA, any more than it would if the corporation was in Europe and the website was in the US.(..)" After having verified that the web address "http://www.magnamaterproject.org/en/home.php" was in effect technically unavailable; Considering that the personal or political ideas of any magistrate, about a project duly reassessed a few months before, by the Senate of Nova Roma, as an important project supported by the Republic, does not authorize him to try to escape her/his responsibilities who are, as aedile, to implement the project, whatever be his own opinions on it; Considering that the arguments of fraud or illegality claimed by aedilis Caesar may be seen as the fact that the aedilis does not want to apply the Senatus consulta issued in 2761 auc or, at least, that he has not yet be able to take since last January all necessary measures to implement the project, and to find every appropriate means to update the Magna Mater web site, and thus correct the defaults that, according aedilis Iulius, would require an intervention and a conformity with NR Inc. incorporation local law; Considering that such a behavior is a violation of the general legal rule, well known by our Ancients, which say that "Nemo auditur propriam turpitudinem allegans" ("nobody is allowed to invoke his own turpitude") ; Considering that the aedilis, who himself claims the right to "administer" the project, has no other right but to just administer it, directly or through a "project leader", and that a so important decision such as the closing of the Project main web access, which is the main communication medium of the Project for Nova Roma, is clearly beyond his field of competencies, and falls into the Senate's ones; Considering therefore that Aedilis curulis has exceeded his powers; edict : Article 1 The decision taken by aedilis Iulius Caesar to disable the Magna Mater Project webpage is vetoed. Article 2 As a consequence of the present intercessio, the Magna Mater Project web site must be reintegrated, by aedilis Gn. Iulius Caesar or under his responsibility, to its previous state. Article 3 It is reminded that any delay in the application of the prescription of article 2 commits the individual responsibility of aedilis Gn. Iulius Caesar. Article 4 Aedilis Gn. Iulius Caesar must, and every novaroman public officer is required to, as far as they are concerned, enforce the present edict, which will be published in the Tabularium Novae Romae and in Nova Roma relevant internet 'discussion' lists, as well as notified to aedilis Caesar. Issued in Condate, Gallia, a.d. IV a.d. XVI Kal Maias 2762 a.u.c. (Th 16th of April 2009) during the consulate of M. Curiatius Complutensis and M. Iulius Severus. ----------------------------------aed. cur. Iulius' integral message--------------------------------------------------- Cn. Iulius Caesar SPD. Senators, we have a significant problem with the Magna Mater Project. As I have earlier indicated here I have had a team working on what best to do with the project for this year, Regardless of the Senatus Consultum passed last year setting divergent paths for this project, from the long stated aim and taking no regard for the considerable effort that has been expended in some quarters here to wordsmith this change of direction into legitimacy, I must now as the magistrate charged with its administration report the following. Firstly, from the point that it became apparent that the goal of rebuilding the temple was not practical due to the general conditions laid down regarding the use of original material and the presence of trees imbedded in the foundations of the temple, the project not only became an outstanding failure, it also became illegal to operate it. Illegal due the requirements of Maine statutes in respect of advertising, but more importantly under Federal US law. I quote: US Code Title 18, Part 1, Chapter 63 § 1343: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. http://www4.law.cornell.edu/uscode/18/1343.html As I am sure some of you will be more concerned in keeping this utter failure and now clear fraud alive, and refuse to even consider that firstly it could be criminal or secondly that anyone will care or there be consequences, let me first demonstrate why this is wire fraud. My comments against the points to prove of this offence are in brackets. -------------------------------------------------- 1. Whoever (the Senate/BoD of Nova Roma (Inc) ) 2. having devised or intending to devise (the Senate/BoD authorized its creating and continuing operation) 3. any scheme or artifice (the Magna Mater Project) 4. to defraud (any prosecution would seek to prove intent to defraud primarily but have (5) as an alternative grounds to indict the Senate/BoD members and/or corporation) 5. or for obtaining money or property (money was solicited for the Magna Mater project before and after the creation of the webpage) 6. by means of false or fraudulent pretenses (this is the point to prove in the offence that this Senate/BoD is undoubtedly guilty of - we posited on the sponsorship page that we were seeking to rebuild the temple when it had been made abundantly clear to this house that this was impossible given the rules in force for reconstruction and the presence of the trees) 7. representations, or promises, (makes the claims concerning the goal of reconstruction - a false and impossible claim) 8. transmits or causes to be transmitted by means of wire, radio or television communication (the operation of the webpage across the Internet falls under this category of wire) 9. any writings, signs, signals, pictures, or sounds (the webpage) 10. for the purpose of executing such scheme or artifice (the webpage is designed to promote the Magna Mater Project and solicit donations) 11. shall be fined under this title or imprisoned not more than 20 years, or both 12. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (Not applicable) -------------------------------------------------- Senators, clearly under point 6 above knowing that the goal of rebuilding the temple could not realistically be achieved under these conditions that have existed since at the very least the Superintendent's office has had control of monuments in and outside of the Forum Romanum, this Senate/BoD sanctioned a false pretense. It was never good enough to obliquely mention on a different site, the Wiki, the problems and thus impossibility of rebuilding it. Put simply the entire webpage was constructed on a false premise and has been operating under that since it was created. The records of this House, and as I don't trust the probity and common sense of some of you, don't bother to delete them everything is saved, clearly indicate that the knowledge of this inherent inability to rebuild was well known. To solicit donations based on this is clearly, and let none of you even bother to debate this for you are merely sealing your own demise in any prosecution, a fraudulent pretense. You all better start waking up to the fact that we can no longer live in some fantasy bubble that Nova Roma is independent of macronational legal requirements or the consequences of breaching them - as a number of us have been telling you all for a number of years, albeit a number of you have deliberately ignored this by refusing abjectly to recognize the consequences of your inaction in this respect. As the magistrate charged this year with administering this absolute fraud, I put you all on notice early on that I would investigate it and report back to you. I have done so. Earlier while I was conducting my investigations took the precaution of placing a warning above the donation button and provided a link for prospective donors to take them to the relevant page in the Wiki. Now that it has become clear to me that the corporation and individual members, including myself, would be at increased and increasing daily risk by the continued operation of this project, I have exercised my authority and disabled the Magna Mater Project webpage. I am not prepared to tolerate this continued exposure under Federal and US law. It matters not that we have the webpage hosted outside of the USA, any more than it would if the corporation was in Europe and the website was in the US. This project, this flagrant abuse of common sense must cease operation forthwith. I also know that some of you are laboring under the massive illusion that we can use these funds to create a reflection area or other such nonsense. Divest yourselves immediately and finally of the idea of using funds obtained under a false premise for a purpose totally unrelated to the aim stated at the time the donations were solicited. That is illegal, utterly illegal and I suggest all of you with any common sense and respect for your own personal liberty to speak up and decry any such foolhardy nonsense. I have in my possession a CD that clearly states, in the words of the promoter of this scheme, that the purpose was to raise our profile with educational establishments. This is another nail in the coffin of this project, that should NEVER have been born in the first place. If we were to continue to raise money under what is a false pretense of rebuilding, divert that money to building a bench, waste part of it on a website promoting this falsehood, and then have the gall on video to clearly say that the ultimate purpose was to gratify the continuing desire of some here to see Nova Roma. and thus would contend any prosecutor worth his salt - themselves, be the recipient of academic validity and respect. That Senators would be the motive that would be claimed and is clearly supported by the words of Caeso Fabius Buteo Quintilianus himself on this video. We have obtained monies under a false pretence to stroke the egos of some in this House who have exercised no probity whatsoever in spite of the increasing concerns of some of us concerning this project. I will tell you now that I am also investigating who exactly was the recipient of monies paid out by Nova Roma Inc. for the creation of the webpage. Franciscus Apulus Caesar worked and still works I believe for the company that ostensibly created the page. I am not prepared to trust any previous investigations into this matter and will endeavor to satisfy myself as to who actually created it and who received the money, be it by way of a company, a sub-contractor or an employee who received a bonus. Put simply this was not acceptable that there was not greater distance between someone on the Senate/BoD, a one time consul, an arch proponent of this scheme and the recipient of monies for work done. In short Senators the corporation and all those of you who have actively promoted this are up to your necks potentially in some very serious and deep waters. Do not even bother to advance the defense that no one minded, or that no one really knew or understood. You were told enough times - some of you making the disbursements and advocating for this project, and you flatly ignored those warnings. I insist that this project be terminated and all monies refunded. I also insist that no expenditure whatsoever take place from this point in respect of this. I also warn all of you that I will not hesitate to protect myself and other s in this house if there is any substantive move to counter my actions. In order to protect the corporation by demonstrating responsibility I invite all those who have actively pursued this project with a carefree zeal and reckless abandonment of any sense of duty and probity, in the face of clear evidence that reconstruction was not possible, to step down as BoD members and members of this House. In any other corporate setting this would be enforced immediately. The days of a casual disregard for the laws of the land - not our insignificant by-laws, but real law, ended a long time ago. The amount of the money involved is irrelevant too. We are in an election time for my long awaited and over due colleague. Whoever that is, they better be aware that I will expect them to fall in line with the necessary steps to protect the corporation and any more investors from being duped. I will not tolerate the grandstanding that goes on over this wretched scheme from my colleague. Two of the candidates I know I can rely on to support me. I expect all other officers of the corporation to fall in step on this one, and save any spluttering about who is superior to who, or someone's dignitas. This is a matter of potential criminal liability and personal liberty and corporate survival. Those of you who the other two candidates may listen to, make them aware of the seriousness of the situation. Finally, just to hone your interest I am investigating a report that a potential donor has already made a complaint to as yet unidentified US Department of Justice concerning wire fraud. Regardless of whether this turns out to be substantive - it is now time to start behaving with serious intent on this matter. Govern yourselves accordingly. Optime valete Gnaeus Iulius Caesar Aedilis Curulis Vous voulez savoir ce que vous pouvez faire avec le nouveau Windows Live ? Lancez-vous ! |
