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Author Topic: Marvin Dence Silver case  (Read 2006 times)

Basil Fishbone

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Marvin Dence Silver case
« on: February 25, 2007, 05:18:48 pm »

I got this in my in-box, this seems pretty crazy to me, what do you all think?  And why not just use pre-1965 "junk" silver?
Basil


"Any suggestions for this fellow???? Marvin Dence Silver case

From:
rj3@comcast.net

To:
Learning Electronically About Freedom mailing service <Lis-LEAF@yahoogroups.com>

Date:
Yesterday 4:03:34 pm

Below follows a brief synopsis of the recent case
of a Tennessee native arrested and jailed for
offering to pay with silver (liberty
dollar). ¬ The transaction was completed in FRNs
because the silver was refused. ¬ Any opinion of
an appropriate course of action and subsequent assistance would be helpful.

Your fees would ultimately come from a
suit/countersuit. ¬ Please feel free to forward
this to anyone on your list that may be willing to offer assistance.

So far, Bernard Von Nothaus and the Liberty
Dollar organization have expressed no interest in this case.
For more information, you may contact Marvin
Dence, at Liberty Dollar Dealer at 731.926.1400,
925.4979, or email: silver@hapyday.com
-- J. ¬ Sterling Stepp

The Marvin Dence Story Liberty Silver Round case
11 February 2007 Decaturville, Tennessee

Events and facts of the case.

February 11th 2007 Marvin Dence, of Clifton,
Tennessee entered the Decaturville (convenience
store) at 9 PM and pumped some fuel. ¬ He then
proceeded to the cashier to pay and asked if she
could handle silver, showing her a 1 oz. ¬ fine
Silver round in payment (a Liberty round). ¬ She
responded that she didn't trust her
judgment. ¬ She then went outside and showed the
silver to Tennessee state trooper Mike Riley pumping gas.

When she returned she indicated that his (the
trooper's) response was positive. ¬ The clerk then
asked if (Marvin) got it from the bank. ¬ Marvin
responded that the bank doesn't want them, they
only deal in Federal Reserve Notes (FRN). ¬ The
clerk then responded that she probably shouldn't take it.
Marvin replied, "That's fine, I have Federal
Reserve Notes," and gave her a "$20" FRN. ¬ As
Marvin was finishing an educational comment about
real money and leaving, the Trooper came in with,
in Marvin's words, "...an agenda,"
as though he wanted to arrest someone.

The Trooper then asked Marvin if he was trying to
pay for the gas with this silver piece, taking it
from Marvin and holding it in his hand as shown
on the store's video tape. ¬ Marvin replied that
he was. ¬ The trooper then asked the clerk if
Marvin had tried to get her to take the silver for the gas.
She replied he had. ¬ She said it was on
tape. ¬ The Trooper then indicated that this
didn't look good and took Marvin to the front of
his car where he turned on the video camera and searched Marvin.

Next the Trooper called the local police. ¬ When
city officers arrived, they indicated that they
knew nothing of the issue at hand. ¬ After 30
minutes of questioning by Policeman Waylon Inman
and Trooper Riley, Marvin was handcuffed and
taken to the local jail. ¬ There was no Miranda
rights warning issued by any officer at any time,
now or subsequent to these events.
Marvin waited in an office until they "decided
what to do with me." ¬ At 11 PM Marvin was booked
into the local jail, at which time they issued a
receipt for the seven (7) pieces of silver which
they were holding after the search. ¬ Marvin remained in jail there for 3 days.

February 14th Around 4 PM (1600), Marvin was
released OR. ¬ He signed out and was picked up by
his wife. ¬ Arraignment is scheduled for 05 March
2007 to answer the charge of criminal simulation,
TCA 39-14-115, at least a Class E Felony, even
though less than $500 was involved in the transaction.

TCA 39-14-115 Tennessee Statute 39-14-115
http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0
39-14-115. ¬ Criminal simulation. ¬ - (a) ¬ A person
commits an offense of criminal simulation who:

(1) ¬ With intent to defraud or harm another:

(A) ¬ Makes or alters an object, in whole or in
part, so that it appears to have value because of
age, antiquity, rarity, source, or authorship
that it does not have; (B) ¬ Possesses an object
so made or altered, with intent to sell, pass, or
otherwise utter it; or (C) ¬ Authenticates or
certifies an object so made or altered as genuine
or as different from what it is; or (2) ¬ With
intent to sell, cause to be sold, or to be used
for profit through public performance, and
without consent of the owner of the master recording:

(A) ¬ Knowingly transfers, by any means, any
sounds or images recorded on a phonograph record,
disc, wire, tape, film or other recording article
to another such recording article; (B) ¬ Knowingly
manufactures, distributes, or wholesales any
article transferred under subdivision (a)(2)(A);
or (C) ¬ Knowingly retails any article transferred under subdivision (a)(2)(A).

(b) ¬ A person possessing, with knowledge of its character:

(1) ¬ Any machinery, plates, or other contrivances
designed to produce instruments reporting to be
credit or debit cards of an issuer who had not
consented to the preparation of such cards; or
(2) ¬ Any instrument, apparatus, or contrivance
designed, adapted or used for commission of any
theft of property or services by fraudulent
means; violates this section and is subject to
the penalties set forth in subsection (c).

(c) ¬ Criminal simulation is punishable as theft
pursuant to § 39-14-105
<file:///C:\tennessee\lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=tn
code&d=39-14-105&sid=7fed0e6e.6b0b403.0.0> , but
in no event shall criminal simulation be less than a Class E felony.

[Acts 1989, ch.  591, § 1.]
1.  Possession of Counterfeit Bank Bill, Note, Check or Other Instrument.

2.  -Indictment. Top of Form
39-14-105.  Grading of theft.  - Theft of property or services is:
(1)  A Class A misdemeanor if the value of the
property or services obtained is five hundred
dollars ($500) or less; (2)  A Class E felony if
the value of the property or services obtained is
more than five hundred dollars ($500) but less
than one thousand dollars ($1,000); (3)  A Class
D felony if the value of the property or services
obtained is one thousand dollars ($1,000) or more
but less than ten thousand dollars ($10,000);
(4)  A Class C felony if the value of the
property or services obtained is ten thousand
dollars ($10,000) or more but less than sixty
thousand dollars ($60,000); and (5)  A Class B
felony if the value of the property or services
obtained is sixty thousand dollars ($60,000) or more. "
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ShortyDawkins

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Re: Marvin Dence Silver case
« Reply #1 on: February 25, 2007, 05:41:24 pm »

My advice to him is to NOT use Liberty Dollars. Use silver rounds, and offer to trade them at market price.
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Pessimist

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Re: Marvin Dence Silver case
« Reply #2 on: February 25, 2007, 07:01:44 pm »

If the facts are as presented, the man has an excellent case for a lawsuit for false arrest.  I hope he gets a good lawyer and persues it with vigor.
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OLD TIRED RN

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Re: Marvin Dence Silver case
« Reply #3 on: March 24, 2007, 12:04:15 pm »

In rural Tennessee, just use FRN's. It's easier, they are worthless, and you don't have to fool with the cops and going to jail that way.  Most cashiers around here hardly know what traveler's checks are. I had one left from a trip one time and tried to pay for groceries with it.  The cashier almost had a hissey fit till the owner came over and said it was OK. 

                                                     RN
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When freedom fails, the best men rot in filthy jails, and they who cry APEASE APEASE are hanged by those who they tried to please.
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