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In the

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA


Plaintiff-Appellee.

v.

NANYA SHAABU EL,


Defendant-Appellant.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR


THE MIDDLE DISTRICT OF NORTH CAROLINA AT DURHAM

____________________________

NOTICE OF DEFENSE IN RECOUPMENT UNDER U.C.C. §3-305, COUNTER-


CLAIM UNDER U.C.C. §3-306 AND NEGATIVE AVERMENT UNDER RULE 9
FRCP.
__________________________________

NOTICE TO PRINCIPAL IS NOTICE TO AGENT.


NOTICE TO AGENT IS NOTICE TO PRINCIPAL.
First Claim

I, [:Nanya-Shaabu:El]©TM, am an Indigenous Yamassee Native American Moor/Secured

Party( United Nations I PO# 2718,

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www.docip.org/PermaneForum/Statements.html_May16,2006, UCC Financing S

tatement #060200513869) and protected under Presidential Proclamation 7500,

Title 28 U.S.C. § 1360 and Title 50 U.S.C. Appendix, § 7(c)and §7(e) (19l7 Trading

with the Enemy Act). NANYA SHAABU EL, the Defendant, is an ARTIFICIAL

PERSON ( Title 18 USC § 1341) and the copywritten/trademarked property of the

Native American/Secured party/Bailor/Lien Holder.(UCC Financing Statement

060200513869 on File in Fulton County Georgia)

Second Claim

THE Appellee , cannot be the alleged creditor in FEDERAL CASE 1:06CR171-3. The

Appelee, has waived its status as a creditor when through their agent Denitra Hawkins at

the U.S. Secretary of State Authentication Office, accepted my tender of payment for

DEPARTMENT OF STATE AUTHENTICATION NUMBER 06021440-3 on May 22,

2006( For use in Morrocco see the 1836 Treaty of Marrakesh, for UCC Financing

Statement Number 060200513869( Inclusive of the Red Fox Stamps cancelled by the

United States Postal Service which I [:Nanya-Shaabu:El:(R)]©TM, have Autographed

making me the Postmaster(Title 39 USC § 601) Banker (Title 31 USC § 5118(d)2 and

the Judge of those documents ) and the ‘Appellee’, has not returned the Mail Items( Title

18 USC §1700-1709). Under UCC §3-409(a)&(b) and UCC §3-604(a), the ‘Appellee’,

did not adjust its accounting ledger to reflect settlement and closure of the accounts

receivable side of the accounting ledger.

Third Claim 2
I Accepted for value the grand jury indictment of May 30,2006 and returned the grand

jury indictment to U.S. Attorney Paul A. Weinman in accord with House Joint

Resolution 192, Public Law 73-10, Title 31 USC§ 5118(d)2. The return of the Grand

Jury Indictment is equivalent to a commercial bond, as an order to pay under UCC §3-

104(e). This may be treated either as a promise to pay or an order to pay. Since U.S.

Attorney Paul A. Weinman , did not return the instrument to me, he obviously chose the

latter; an order to pay. Under §3-104(f) of the UCC a draft is the equivalent of a check

and may be securitized or monetized by direct deposit in a commercial checking, time,

thrift or savings account under Title 12 of the United States code, Section 1813(L)(1)

and when deposited it becomes the equivalent of money as outlined under Section

1813(L)(1).

Fourth Claim

The ‘Appellee’, is precluded by public policy HJR-192 and Title 31 U.S.C. § 5118(d)

(2), and the Fair Debt Practices Act( Regulation ‘Z’ Truth-in-lending, aka, Consumer

Protection Act at 15 USC §1601 and §1693) from demanding payment in any specific

coin or currency of the United States. Title 31 USC §5118 (d)(2) states that an obligation

governed by gold coin is discharged on payment dollar for dollar, by United States coin

or currency that is a legal tender at the time of payment. The narrow view that money is

limited to legal tender is rejected under Section §1-201(24) of the UCC. It is not limited

to United States dollars. See official comments under section §3-104 of the UCC under

the definition of money.

Fifth Claim 3
The Auditor for the ‘Appellee’, has failed to perform its duty as fiduciary trustee of the

account. I have voided the Superceding Indictment of June 27, 2006 under Federal Rules

of Civil Procedure Rule 12(b)7 and Rule 12(b)6 for failure to state a claim upon which

relief can be granted, and for the account, for non-acceptance and non-payment under §

3-501 and §3-505(a)(b) of the UCC, which creates the evidence or presumption of a

dishonor. The ‘Appellee’ and Paul A.Weiman et. Al., have knowingly or unknowingly

become the debtors and myself the creditor by operation of commercial and

administrative law( see Indemnity Bond located on http://naturalcredit.tripod.com ).

Also worthy of note, if the ‘Appellee’, and Paul A. Weinman are going to treat the

superceding indictment of June 27, 2006 as a Liability Instrument, The ‘Appellee’, and

Paul A. Weinman has to present it to me for payment, make me chargeable under §3-

501 of the UCC, which The ‘Appellee’, and Paul A. Weinman has also failed to do. To

the extent that The ‘Appellee’and Paul A. Weinman are in dishonor for non-acceptance

and non payment by Affidavit of /Statement of fact of Knowledge given to U.S. Federal

Judge Tilly in District Court of June 14, 2006 (Vacate order sent to Federal Judge

N.Carlton Tilly jr. on July 18,2006). On the administrative side, there has been a

discharge of the debt in its entirety under the Fair Debt Collection Practices Act and

Regulation 'Z' Truth-in-Lending Act(TILA) within the 30 day time frame as mandated

by law.

Sixth Claim

The ‘Appellee’, and Paul A. Weinman are not applying the correct accounting entries

under GAAP. The ‘Appellee’, and Paul A. Weinman are treating the account as a trade 4
receivable through securitization as an off balance sheet financing technique. Since the

‘Appellee’, and Paul A. Weinman have accepted the return of their

instruments(Indictment which was Accepted for Value and Superceding Indictment

which was voided and no written response returned by Paul A. weinman) that I have

Accepted for Value and Consideration, I have a claim or possessory right in the

instruments and their proceeds under §3-306 of the UCC and all defense and claims in

recoupment under section §3-305 of the UCC, which I exercise now, since the

‘Appellee’, and Paul A. Weinman has not credited my account. The 1099-OID will

identify who the principal is from, which capital and interest were taken, and who the

recipient or who the payer of the funds are, and who is holding the account in escrow

and unadjusted.

Seventh Claim

I am solution oriented, and want to show good faith, there are two ways of resolving this

matter, since the ‘Appellee’, and Paul A. Weinman has already accepted my tender of

payment and has not returned it, Henry Paulson Jr. the U.S. Secretary of the Treasury

can, instruct The Auditor for the ‘Appellee’, and through their fiduciary

representative/agent Paul A. Weinman, to credit my account for the sum said in full for

settlement and closure and return my Assets, Proceeds, Products and Property to me, or

instruct The Auditor of ‘APPELLEES’, and through their fiduciary representative/agent

Paul A. Weinman to return the original instruments to me, unendorsed, and I will make

an alternative form of payment. Otherwise, I will consider this matter settled and closed

and under the 1917 Trading with the Enemy Act, Title 50 USC Appendix Sections §9 5
and §12, require All my property not limited to but including, The Bill of lading/List of

property seized from me on May 22, 2006 in Davidson County , North Carolina,

Greensborough, North Carolina and Winston-Salem North Carolina returned to me.

Eighth Claim

Mandatory counter-claim under Federal Rules of Civil Procedure Rules: 13, 24 and 36.

The Truth in lending Act (TILA)section § 226.23, gives one the right to rescind any

commercial debt contract or agreement entered into. I formally rescind this Federal Case

1:06CR171-3.

Ninth Claim

I am asking for the entire amount of the bond( and the default purchased and

sold/monetized/securitized) by the Federal Court for the Middle District of the United

States) used to bond this case 1:06cr171-3 returned to me in the form of silver, certified

money order or certified cheque. See HJR-192; Public Law 73-10; Title 31 U.S.C.

Section 5118 (d)(2), Consumer Protection Act at 15 USC §1601 and §1693).

Tenth Claim

The ‘Appellee’, sold/monetized the default judgement/verdict for case 1:06cr171-3, so it

must give me back all the proceeds, products, property and fixtures created/generated by

this commercial transaction.

Eleventh Claim

I am making a claim for the functional currency(called money) and all my property,

including the U.S. Department of State Authenticated Documents which had Postage

stamps on the Front and the Back Prior to being Authenticated at the Department of 6
State Authenticated office in Washington D.C.( as I am a postmaster-banker-judge and

which makes the documents my private cargo protected by International Laws and

Treaties) and the list of property seized from me – ordered to be given to me, from Paul

A. Weinman U.S. Attorney, in open court before trial proceedings started, by Judge

William L. Osteen(Retired) - returned to me. The ‘Appellee’ has no claim.(Title 13 USC

§ 1341,1342)

Twelveth Claim

I have an offset available to me, due to the lack of full disclosure by The ‘Appellee’, and

the U.S. Attorney Paul A. Weinman(see UCC §3-305, UCC§3-306 for unconscionable

contracts.) The Fair Debt Collection Practices Act Title 15 USC. § 1601, § 1692, §

1693, provides remedies for deceptive or unconscionable contracts and allows payments

in any legal tender UCC 1-201(24), HJR-192 , Public Law 73-10, Title 31 USC sec

5118d(2).

Thirteen Claim

I have a possessory right in the instruments(Indictment, Grand Jury Superceding

Indictments and the Jury Verdict), property and the proceeds under §3-306 of the

Uniform Commercial Code and any and all defense and claim of recoupment under §3-

305 of the U.C.C. since my account was not credited by The ‘Appellee’and Paul A.

Weinman nor the Auditor of the ‘Appellee’.

Fourteenth Claim

The ‘Appellee’, and Paul A. Weinman has collected on a note/instrument/default

judgment The ‘Appellee’ and Paul A. Weinman have no right , title or interest in. The 7
Postmaster-Banker-Judge has a preferred interest in this commercial matter as the Lien

holder and Creditor-in-Fact against the ‘Appellee’.

Fifteenth Claim

The ‘APPELLEES’and Paul A. Weinman has an offsetting liability pursuant to FAS95,

GAAP and Thrift Finance reports. The Indictment, Grand Jury Superceding Indictments

and Jury Verdict are my assets. I have a right to rescind and a right to restitution of this

commercial contract( Fed Case 1:06cr171-3) which is a part of this recoupment as this

Federal Case 1:06cr171-3 is an unconscionable contract under U.C.C. §2-302.

Sixteenth Claim

The acquiescence, lack or written response and no written response by The ‘Appellee’

and U.S. Attorney Paul A. Weinman is a confession under Fed. Rules of Civil Procedure

Rules: 8, 9 ,13 and 24 that the aforementioned claims and statements of fact filed in the

Federal Court for the Middle District of North Carolia by the Secured Party, Bailor, Lien

holder , Principal and Holder-in-due-Course: [:Nanya-Shaabu:El:®]©TM for the

Defendant, NANYA SHAABU EL©TM, prior to this recent action are International Public

notice of interest by the secured party in the instruments regarding the property in

dispute. The ‘Appellee’and Paul A. Weinman, agree by tacit consent, lack of written

response and no written response, that the Lien Holder/Bailor’s claims, bonds and liens

are: valid, legal, lawful and in full force and effect under U.C.C. §1-103, Title 28 U.S.C.

§1333 & §1337.

Seventeeth Claim

I have shown an International public interest that I have claims in the said instruments 8
by advertising on the following website: http://naturalcredit.tripod.com . By faxing said

claims to U.S. Secretary of the Treasury, Henry M. Paulson, Jr. and U.S. Postmaster-

General John E. (Jack) Potter, by Mailing a copy of said instrument from the internet to

Treasury Henry M. Paulson, Jr., via Canada Post Registered Mail

RT075565014CA( November 16,2007, Postage Meter Stamp Autographed/Cancelled by

Postmaster [:Nanya-Shaabu:El:®] ©TM ).

Eighteenth Claim

I, [:Nanya-Shaabu:El], am the true creditor in fact( UCC Financing Statement

060200513869, RR703115987US) the principal, lien holder, bailor and grantor of the

‘Appellee’ regarding this matter, for and on behalf of the Defendant NANYA SHAABU

EL. I give International Notice of claims for a set off and recoupment to have the assets

cancel out the liabilities according to: FAS 140; U.C.C. § 305, U.C.C. §3-601, U.C.C.

§8-105, U.C.C. §9-404 and the GAAP regarding this matter.

Ninteenth Claim

The ‘Appellee’under the Federal Financing Accounting Standards (FAS) is required to

look at its balance sheet, FAS 95 and offset the debt that the corporations owes the

debtor pursuant to FAS 140. Federal case 1:06cr171-3.

NEGATIVE AVERMENTS

Negative Averment 1

U.S. Attorney for the Middle District of NorthCarolina(Winston-Salem/Greenboro) Paul

A.Weinman( North Carolina Bar Number 8558 ) did not have a certified assessment of 9
the charges for case 1:06cr171-3 in his possession, certified under penalty of perjury,

filed in case number 1:06cr171-3.

Negative Averment II

I, [:Nanya-Shaabu:El]©TM , did not receive a certified copy of the balance sheet in

discovery as required under Title 5 U.S.C. Sec. 552(b)4 and the Truth-in-Lending Act

(TILA), Regulation ‘Z’, from Paul A. Weinman.

Negative Averment III

I have not received a certified copy of forms: FAS 140, FR 2046 ( the Balance Sheet )

which are required to be filed under Title 12 U.S.C. § 248 and § 347, from U.S.

Attorney, Paul A. Weinman.

Negative Averment III

I have not received certified copies of: forms 2049, 2099, 2046 nor have I received FAS

forms: 5, 95, 133,125, and 140 from U.S. Attorney, Paul A. Weinman.

Negative Averment IV

I have not received a data integrity review hearing.

Negative Averment V

I did not receive the functional currency,silver, certified cheque, certified money order,

coupon for my note(default/verdict) at the closing.

Negative Averment VI

I was not given notice and the right to rescind this commercial contract(Case 1:06cr171-

3), under Regulation ‘Z’ Truth-in-Lending ( TILA), by the bank when trial proceedings

were initiated. 10
Negative Averment VII

The ‘Appellee’ and U.S. Attorney Paul A.Weinman, has not shown any document

proving they are holder , holder-in-due-course, grantor or principal, nor does the

‘Appellee’ and U.S. Attorney Paul A.Weinman, have a certified assessment of the

charges for case 1:06cr171-3 in their possession nor are the certified assessment of the

charges filed in the case.

Negative Averment VIII

The ‘Appellee’, U.S. Attorney Paul A.Weinman and related partners( Federal Judge N.

Carlton Tilly Jr., U.S. Marshall in Winston-Salem (Butch Moore) and special diplomatic

Agent Greg Sherman) have not addressed, submitted a written response or rebutted any

of my: affidavits, acceptances, commercial bonds, statements, public advertisements and

public filings or any other documentation sent to them regarding this instrument and this

commercial matter.

Negative Averment IX

The ‘Appellee’and Paul A.Weinman, has not returned the CUSIP number, Bid Bond for

case no. 1:06cr 171-3 to the Principal-in-fact, nor given me gold, silver, functional

currency, cerified cheque, certified money order for the closing or settling of the

account.

Negative Averment X

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The ‘Appellee’ and Paul A.Weinman, has not shown their other set of books, their

private books to the Principal/Lien Holder, the 3rd party debt collector or issued a

Statement 95 in regards to the instrument and proceeds.

Negative Averment XI

The ‘Appellee’ and Paul A.Weinman has not provided me with their S-3 registration

statement, 424-B5 Prospectus and RC-S & RC-B Call Schedule.

Negative Averment XII

There cannot be a holder in due course on a promissory note/replevin bond in fact under

subrogation after they deposit it. No certified Audit trail of the accounting on the bond

that was bonding Federal case 1:06cr-171-3, was presented to either the Defendant or

the Principal [:Nanya-Shaabu:El: ®]©TM.

Negative Averment XIII

I have not received: gold, silver, voucher, certified cheque, certified money order or any

of the disbursements, documents , receipts, products , proceeds, and fixtures regarding

the instruments related to case no. 1:06cr-171-3.

Commercial Order

I require the following documents under Title 5 U.S.C. sec 552(b)(4), be fully disclosed

to me:

First Order

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The Certified copy of The Bill of lading( Property of the Secured Party which was taken

by Davidson County Sheriff’s Office, U.S. Marshall’s Office in Winston-Salem which

was transferred to U.S. Attorney Paul A. Weinman) ordered by U.S. Federal Judge

William L. Osteen(retired) on or about August 17, 2006 to be presented to the Secured

Party before trial of August 21, 2006.

Second Order

The CUSIP Number generated for this case and the bid bond returned to me. The

Certified copy of the Balance sheet forms 2046,2049, 2099 and form 1099-OID ,

disclosing who the principal is from , which capital and interest were taken and who the

recipient is and who the payer of the funds are and who is holding the account in escrow

and unadjusted. The cash receipt regarding this matter. Statement 95 cash flow

statement.

Third Order

Full disclosure on The amount of the default which was purchased by the U.S.

FEDERAL COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA( U.S.

Post Office) in Greensborough, North Carolina and all payments received by THE

UNITED STATES, THE UNITED STATES OF AMERICA and Paul A.Weinman,

regarding case Number 1:06cr171-3 returned to me.

Fourth Order

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The Certified copy of the Audit trail of the accounting on the bond that bonded case#

1:06CR171-3. The Certified copy of the assessment for the charges, certified under

penalty of perjury, regarding case 1:06CR-171-3.

Fifth Order

The Certified copy of all disbursements, documents and receipts, (which includes the

bill of lading of property seized by the Davidson County Sheriff’s office and the U.S.

Marshalls office in Winston-Salem which was transferred over to the U.S. Attorney Paul

A. Weinman, who was ordered on the record before the trial, by William Osteen(retired)

to present said copy to the Defendant) held by the Mayor of the Municipality in

Winston-Salem, Davidson County and Greensboro North Carolina.

Sixth Order

The Certified copy of the Court Charter for the Federal Court for the Middle District of

North Carolina, and the Name of the Court’s Insurance Underwriter. The Court Issued

U.S. Constitution and United Nations Charter (Congressional Record page A3220, May

11, 1955) which is required to be on the desk of the Magistrate Judge Russel

A.Eliason(Magistrate Judge in Winston-Salem, North Carolina; Federal Judge N.Carlton

Tilly Jr., Greensboro, North Carolina and Federal Judge William L. Osteen (Retired) and

the Order from the Chief Judge William Beaty? Authorizing a retired judge to

sit/adjudicate on a Federal Case.

Seventh Order

The Certified Copy of the Oaths and the Bonds/Insurance coverage of All U.S. Officers

regarding this Matter including Robin Winchester(Clerk), N.Carlton Tilly Jr.,(Federal 14


Judge), Russel A. Eliason(Magistrate Judge, Not an Article III Judge), William L.

Osteen( Retired Judge).

Eighth Order

The Certified Copy of the Oaths to the Bar of All Attorneys regarding this matter

including Melanie A. Williams, Robert L. Mclellan, Paul A. Weinman and Maggie

Shelton(legal assistant).

Ninth Order

The Green Registered Return receipts which were in the Possession of the Postmaster-

general of the At-sik-hata Clan( Bailor/Lien Holder),as they are mail items and protected

under title 18 USC sec 1700-1709, Title 39 USC sec 601, Title ( see statement made to

N.Carlton Tilly jr. in open court on the record of the obstruction of the mail by the U.S.

Marshall’s and U.S. Attorney Paul A. Weinman in the U.S. Post Office and Court

House, Located in Greensboro, North Carolina.)

Tenth Order

Postal Investigation/Report made to U.S Postmaster John E. Potter initiated by

N.Carlton Tilly jr. for being informed(Title 42 USC § 1986; Title 18 USC § 4) on the

record in open court ( U.S. Post Office and Federal Court in Greensboro,North Carolina)

that the Lien holder is in fact a postmaster and the mail items in his possession( Green

Registered Return receipts from the White House, Homeland Security, The Governor of

the State of Georgia and The U.S Postmaster-General among other things) on Mail

22,2006 were obstructed by Davidson County Sheriff Marvin L. Potter and Lt.

Jones( who both did no deny that the Lien holder was Native American and a 15
postmaster(Title 18 USC §1700-1709, Title 39 USC § 601); Diplomatic Agent Gregory

A. Sherman, U.S. Marshall’s Butch Moore(N Winston-Salem , North Carolina) et. Al.

with full knowledge and admission by U.S. Marshall Butch Moore’s testimony in open

court June 14,2006 of his knowledge of the Mail items/Mail matter requested by the

American Indian(appellant).

Eleventh Order

For Rober L McClellan to post full settlement and closure of the account for case 1:06-

cr171-3( see Letter of Rogatory for Appointed counsel) . The certified copy of the total

bill post settlement and closure of the account.

Jurisdictional Statement

All claims in this instrument done by the secured party/principal/lien holder are under

Admiralty law and agreed to and consented to by the Appellee .

The claims of this Instrument are Within the Admiralty: Title 28 U.S.C. §1333, §1337.

(See: Suits in Admiralty Act, The Bill of Lading Act, The Admiralty Extension Act and

the Foreign Sovereign Immunity Act.)

Jurat

Fulton County, Georgia Republic: 1787 constitution for the united states of America ;
and the 1945 Charter of the United Nations, Articles 55 and 56.

Respectfully Delivered,

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U.C.C. 1-308 All Rights Reserved
[Nanya-Shaabu:El: ®]©TM
United Nations IPO #2718
In propria Persona by Special and Limited
Appearance on Behalf of the Defendant
NANYA SHAABU EL©TM a.k.a Cestui Que Trust.

Cc: PAUL A. WEINMAN Assistant U.S. Attorney 251 N.Main Street, Suite 726
Winston-Salem, NC 27101.

Cc: U.S. Secretary of the Treasury, Henry M. Paulson, JR., 1500 Pennsylvania Avenue,
Washington, D.C., 20220.(Knowledge given via http://naturalcredit.tripod.com)

Cc: U.S. Postmaster-General John (Jack) E. Potter, 475 L’Enfant street Plaza S.W.
Room 3616,Washington D.C, 20260-3616.
(Knowledge and Notice given via http://naturalcredit.tripod.com)

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