The State is attempting to Pirate the Shipwreck from JWI!

[capt dom]

Please take a look at the link below.
A Federal Magistrate entered a report and recommendation that a Federal Judge signed stripping JWI of its future ownership rights of the shipwreck that the Court awarded it almost 30 years ago. We a have appealed the ruling and the 11th Circuit Court of Appeals has agreed to have a three Judge Panel review the case.

This ruling if upheld can mean the death blow to legitimate salvaging. We need your help.

Please re post the link below: For over three years they have been attempting to wear us out by keeping us from working our site. JWI funds have been depleted and we need help from the salvage community to continue to fight this battle that if we lose, you all lose as well...




(sorry, violates TNET rules to post fundraising links)

 

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[Salvor6]

Good luck Capt. Dom. I hope you fight this all the way to the Supreme Court just like Mel did. Like Mel, I believe you will win in the end. They (the state) cannot take away what they previously granted. I hope the treasure hunting community will back you up all the way. I know I will.

This is from AU Dreamers:

"The finding of a great treasure from the days of the Spanish Main is not the cherished dream of only the United States and Florida citizens; countless peoples from other lands have shared such thoughts. It would amaze and surprise most citizens of this country, when their dream, at the greatest of costs, was realized, the agents of respective governments would, on the most flimsy grounds, lay claim to the treasure."
---Judge William O.Mehrtens
1978 Ruling Against the State of Florida

 

[Boatlode]

11th Circuit has five Obama appointees. Hopefully you will get the three Trump appointees and the two Reagan appointees.

Circuit Justice is Justice Clarence Thomas, it doesn't get any better than that.

 

[capt dom]

Good luck Capt. Dom. I hope you fight this all the way to the Supreme Court just like Mel did. Like Mel, I believe you will win in the end. They (the state) cannot take away what they previously granted. I hope the treasure hunting community will back you up all the way. I know I will.

This is from AU Dreamers:

"The finding of a great treasure from the days of the Spanish Main is not the cherished dream of only the United States and Florida citizens; countless peoples from other lands have shared such thoughts. It would amaze and surprise most citizens of this country, when their dream, at the greatest of costs, was realized, the agents of respective governments would, on the most flimsy grounds, lay claim to the treasure."
---Judge William O.Mehrtens
1978 Ruling Against the State of Florida

You all have not been hearing much from us because of this action. Back in the beginning, the state refuesed to enter the Federal Action based upon the 11th amendment. Because the State did not enter the Action the Federal Judge Stanley Marcus took the position he could not rule of the States Color of Title issue and remanded that question to State Court... They never put a claim in State Court, because we came to a working relationship, based upon the Federal Ruling,, so for over 3 decades our ownership was upheld. Now this new Magistrate comes along and takes the ridiculous assertion and position that because we came to an agreement the shipwreck belongs to the state... without that color of title question ever being heard in State Court!

Like I always state, "The rats are most certainly guarding the cheese".

The craziest part of this bullshit is now that the Federal Appellate Court has agreed it apparently does have jurisdiction, the State's Attorney's office files a notice of appearance Stating it represents the shipwreck's interests! First I, then JWI were appointed the Federal Substitute Custodians of the Shipwreck site, Now the Appellate Court agrees it has jurisdiction... are they going to remove us and appoint the State... how and why

This is why we need to build a legal defense fund... I attempted to suggest our attorney's legacy as champion of the salvage is at risk here and he should consider a pro bono representation at this point and he suggested I seek phyicriatic {sorry about my spelling} help...

Unless the three Judge Panel not only reverses this current ruling but admonishes the State for the improper treatment of us for over 30 years - this should go to the supreme court.... but... who can afford this

The 21st century Brethren of the Coast have to have law degrees... and birds of a feather, flock together...

 

[MattPa]

Need to set up something for donations.

 

[capt dom]

Need to set up something for donations.

I have:

(deleted by mod for rule infraction)

This is a battle we are fighting that needs to be fought. This Appellate 3 Judge Panel is going to come back with a decision that may be pointing us to the Supreme Court.
Maybe our present Attorney is just too tired to fight this battle... A vigorous an aggresive Admiralty Attorney may be able to create a "franchise for himself coming to the defense of the salvage community over what happens next to JWI

 

[diggummup]

This is how come the "little guy" always gets screwed. Those with money have the power. Those with power make their own laws. The rest of us are here to bow down to our masters. Isn't it a lovely country?

 

[enrada]

Please put the names of the judges who made the rulings in any media information. They DO have to be reelected. Where is Peter Hess when you need him. I remember the judge in my Admiralty case telling him he was through and to sit down. Peter kept talking as if nothing ever happened. Finally he convinced the Judge he was wrong and that changed the outcome.

 

[Honest Samuel]

Best of luck in your fight with the government. No donations from me.

 

[capt dom]

unfortunately Appellate Judges are appointed I think

 

[huntsman53]

You need to start a widespread Publicity Campaign with the Public targeted for their input and for their help not only financially but also their help by writing Representatives, Congress Men & Women, Senators and anyone else that may be swayed to help in your plight against the State and the Courts. Heck, letters sent to President Trump are not out of the question as well. Remember, if you can sway a large amount of Voters to your side and if they feel that it is in their best interest to support your cause as well as the cause of other Salvors, then they can vote out all those who are against you and vote in those that are sympathetic to your cause and willing to help. The Public also needs to be made aware that not all of the finds turned over to the State, are accounted for and that they refuse to give an account of where these items are. If they are not locked away in the State Treasury or were not donated to Museums, then they should be made to show where the items are and the reasons why they are not in the State Treasury or in Museums.

 

[Salvor6]

Huntsman a few years back Rep. Ilieana Ross-Leighton called for an accounting of the state treasure collection and even suggesting that part of it may be sold to pay the budget. The Sec. of State office (who controls the Dept. of Historical Resources) refused. It's as if they are trying to hide something. Nothing ever became of it.

 

[Boatlode]

unfortunately Appellate Judges are appointed I think

This is the biggest problem we have in this country - lifetime judicial appointments. Federal judges and Supreme Court justices have far too much power. There needs to be either term limits or a mechanism for removal of activist judges who legislate from the bench instead of only calling balls and strikes like they are supposed to do.

 

[huntsman53]

Huntsman a few years back Rep. Ilieana Ross-Leighton called for an accounting of the state treasure collection and even suggesting that part of it may be sold to pay the budget. The Sec. of State office (who controls the Dept. of Historical Resources) refused. It's as if they are trying to hide something. Nothing ever became of it.

You need to go higher up the chain as in a Congress Man or Woman and/or Senator and even the United States Attorney General. I don't believe the Secretary of State's Office can refuse a request or order from any of these. A Subpoena of all records kept by the Secretary of State's Office, the Department of Historical Records and an accounting/review of all treasure finds that were entrusted to their' offices, I believe can be requested by all the above. Someone there in Florida needs to get the Ball-A-Rolling instead of concentrating on what happened in the past.

 

[ivan salis]

file a restraint of trade suit *….. by attempting to strip you of your rights of ownership / salvage to the wreck that you legally obtained title to they are wrecking your livelihood ….sue the judge "personally" and whoever else filed to "revisit" the case --make it cost them "personally" -- just like it hurts you "personally" fiscally --use a 1/3rd to 40% if taken to trail type atty -- so it cost you zippo and ties them up in knots legally

go at it from a "business" angle … the contract was set ( you were "appointed" as the wreck custodains) --the state is now trying to breach that agreement and steal your livelihood from you ...Morgan and Morgan HAS a business section and has the size and ability to fight crap like this offer them as much % wise of the money won in the case as you need to get them to take the case if they win ..because a loss means your totally out of biz …

since the ABANDONED SHIPWRECK ACT * OF 1988 WAS NOT SIGNED INTO LAW UNTIL APRIL 28TH OF 1988 BY REAGAN -(the basis of the states right to claim the wreck)-- your legal maritime federal arrest claim filed and awarded in July of 1987 * easily predates the effective signed into law date of the ASA ( thus your claim should be honored ) since the ASA law was NOT in effect at the time ...simple legal logic should easily prevail there

 

[ARC]

***sigh***

Yet another example of a red tape anchor lines.

Best wishes of luck in your venture and hope this can work out in your favor or at least "fairly".

 

[capt dom]

file a restraint of trade suit *….. by attempting to strip you of your rights of ownership / salvage to the wreck that you legally obtained title to they are wrecking your livelihood ….sue the judge "personally" and whoever else filed to "revisit" the case --make it cost them "personally" -- just like it hurts you "personally" fiscally --use a 1/3rd to 40% if taken to trail type atty -- so it cost you zippo and ties them up in knots legally

go at it from a "business" angle … the contract was set ( you were "appointed" as the wreck custodains) --the state is now trying to breach that agreement and steal your livelihood from you ...Morgan and Morgan HAS a business section and has the size and ability to fight crap like this offer them as much % wise of the money won in the case as you need to get them to take the case if they win ..because a loss means your totally out of biz …

since the ABANDONED SHIPWRECK ACT * OF 1988 WAS NOT SIGNED INTO LAW UNTIL APRIL 28TH OF 1988 BY REAGAN -(the basis of the states right to claim the wreck)-- your legal maritime federal arrest claim filed and awarded in July of 1987 * easily predates the effective signed into law date of the ASA ( thus your claim should be honored ) since the ASA law was NOT in effect at the time ...simple legal logic should easily prevail there

This sounds like some sound advice. Unfortunately as we all know, "what is right" "ethics, fair play and logic" no longer applies within our Justice System. One has to pay for an adequate legal defense in this country. This Magistrate was wrong in their ruling,,, Based upon the 11 Amendment Rule the State has only filed limited appearances in our Case up until now - because this Magistrate bypassed due process. If they have a right to put a claim or "color of title" against the shipwreck in state court because of an earlier remand... they should have done it.
Now they have filed a notice of appearance - the Federal Court should burn the State a New ******* for their unfair treatment and basuc "pirating" of our shipwreck

 

[huntsman53]

file a restraint of trade suit *….. by attempting to strip you of your rights of ownership / salvage to the wreck that you legally obtained title to they are wrecking your livelihood ….sue the judge "personally" and whoever else filed to "revisit" the case --make it cost them "personally" -- just like it hurts you "personally" fiscally --use a 1/3rd to 40% if taken to trail type atty -- so it cost you zippo and ties them up in knots legally

go at it from a "business" angle … the contract was set ( you were "appointed" as the wreck custodains) --the state is now trying to breach that agreement and steal your livelihood from you ...Morgan and Morgan HAS a business section and has the size and ability to fight crap like this offer them as much % wise of the money won in the case as you need to get them to take the case if they win ..because a loss means your totally out of biz …

since the ABANDONED SHIPWRECK ACT * OF 1988 WAS NOT SIGNED INTO LAW UNTIL APRIL 28TH OF 1988 BY REAGAN -(the basis of the states right to claim the wreck)-- your legal maritime federal arrest claim filed and awarded in July of 1987 * easily predates the effective signed into law date of the ASA ( thus your claim should be honored ) since the ASA law was NOT in effect at the time ...simple legal logic should easily prevail there

Finally, someone with some Legal knowledge that offers great advice and one way to fight the State of Florida and the Courts! Thanks Ivan! I still feel that JWI, other Salvors, Investors and anyone else with interests in Salvor/Salvage fields of business (i.e. those Suppliers that will be adversely affected if the State wins, virtually cutting the throat's of these businesses and shuts down a longtime service and way of life) should still pursue my recommendations in my previous posts on this Thread and the other Thread.

 

[CaptainTalon]

This is an absolute outrage! I am so tired of this "If it pleases the crown" BS! This is the very sort of thing that created pirates in the first place. This is at it's minimum, a violation of private property.

Since your attempts at posting a fundraising link has been deleted on a couple attempts, encourage people to directly contact you privately. I will donate.

 

[CaptainTalon]

This is an absolute outrage! I am so tired of this "If it pleases the crown" BS! This is the very sort of thing that created pirates in the first place. This is at it's minimum, a violation of private property.

Since your attempts at posting a fundraising link has been deleted on a couple attempts, encourage people to directly contact you privately. I will donate.