Malachi York

Ask The Nuwaupians, did you know that your teacher kept $279,450 in cash inside a black suitcase?

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Question: Ask The Nuwaupians, did you know that your teacher had $279,450 in cash in a black suitcase?

Answer: They will likely say,  "so what".

 

Its not illegal to keep money at home etc.  You can have millions of dollars under your bed if you want etc.  The illegal aspect comes into play when you try to structure DEPOSITS in a bank account where those deposits are under $10,000 to avoid filing the "CRT" forms related to reporting requirements.  This is what York was accused of.  He was accused of intentionally structuring his deposits under $10,000 to avoid reporting and doing the paperwork and all the red tape that goes along with it.

At trial, witnesses testified that York instructed the workers in the "finance office" never to deposit $10,000 or more in cash into any of his bank accounts at any given time, in order to evade federal cash transaction reporting requirements.  Counts Nine, Ten, and Eleven charge York with the acts of unlawfully structuring cash transactions that form the basis for those predicate acts in the RICO and conspiracy counts of the Indictment. Specifically, Counts Nine, Ten, and Eleven charge York with three acts of unlawfully structuring cash transactions to avoid federal reporting requirements, in violation of 31 U.S.C. § 5313(a) and 31 U.S.C. § 5324(a)(3). Count Nine charges York with unlawfully structuring cash transactions on or about September 29-30, 1999. Count Ten charges York with unlawfully structuring cash transactions on or about October 6-8, 1999. Count Eleven charges York with unlawfully structuring cash transactions on or about April 5-11, 2000. Finally, Counts Twelve and Thirteen are forfeiture counts.

At trial, there was substantial evidence that under York's leadership, the Nuwaubians' lifestyle was highly restricted.  York had several "wives" or "concubines"  who served his business and personal needs. York's followers were expected to abide by his rules or risk punishment or expulsion from the Nuwaubian organization. Men and women did not live together; children beyond toddler age were generally separated from their parents; and children were separated by sex and age and lived in different buildings and rooms accordingly. Children were home-schooled and usually interacted with their biological parents for only specific, short periods of time.

 The following trial notes are brief testimonies by FBI agents who were involved in the evidence seizure at 404 Shadydale Road, Eatonton, Georgia, their names have been changed for obvious reasons. But first, I must point this out,

Court Transcript December 30, 2003 pg. 2 LL 13-19, “I will also tell you that I’m not going to have a closed trial. I have made arrangements to have a closed circuit television set up, and any spectators will be able to watch the trial of this case on the third floor by watching the monitor set up for closed circuit television, and I think that satisfies any public trial requirements under the Sixth Amendment or the First Amendment.”


-The Judge

 

During the course of the trial of this case, there were 40-50 spectators viewing the trial on closed circuit television with the witnesses, inclusive of alleged victims or witnesses who would be under the protection of the Title 18, United States Code, Section 3509(d). The names and faces of victims and all witnesses in the trial of this case were witnessed by the 40-50 spectators or members of the public.

 

Q. Exactly where are you employed?

Robin L. Harris: The FBI.

Q. Did you participate in the search warrant on May 8th, 2002 on 404 Shadydale rd. Eatonton, Georgia?

Robin L. Harris: Yes.

Q. Were you involved in the seizure of evidence?

Robin L. Harris: Yes I was.

Q. We have a box here before us, please explain to the jury the significance of it's contents?

Robin L. Harris: It's a box containing several evidence items. I recognize the exterior which list our case number used to identify items and item numbers which differentiates these items of evidence from other evidence items.

Q. What's the significance of this bag?

Robin L. Harris: These are the types of bags we use to secure evidence that we seize at a scene, if you notice, you can see it list the agency, item numbers which would be different from other items, as well the date it was collected, this being May 8, 02.  This was collected by me and it briefly describes the items of evidence that you will find inside the bag.  This particular bag says "Bank Documents" Miscellaneous Documents from the bedroom which is marked, "Room D" plus passport photo's and this was located in a bedroom.

Q. What building were you assigned to search?

Robin L. Harris: It was a Doctor's residence, a double wide trailer/Modular home.

 Next Witness:

 Q. Where are you employed?

William Parker: I'm employed with the Federal Bureau of Investigations.

Q. Did you participate in the search at 404 Shadydale road in Eatonton, Georgia on May 8, 2002?

William Parker: Yes.

Q. What were you assigned to do that day?

William Parker: I was the supervisor on the site of the main house.

Q. Mr. Parker we have a box here in front of the jury, can you identify this box?

William Parker: Yes, this box was filled at that location in Putnam County, the location was in building 6, the main house and the item inside are described as containing invoices, financial records, sales tax items and other miscellaneous documents, and that contains my initials.

Q. Please point out box #129.

William Parker: Box #129 contains items of evidence that was recovered at the location, it also has the same file number and location.  It describes "files, VISA credit card application, incorporation documents for various Shriner organizations, reports on donations, building permits and other files.

Q. The next box?

William Parker: This box contains items that were seized at that location, items that included one cashier box containing numerous pictures and letters, unlabeled DVD's, 5 disk dives each, 8MM cassettes, 31 VHS tapes with different tittles, and 3 DVD cases.  This indicates that it was located in room (M) which is the master bedroom (lower level). It also contains my initials.

Q. What is exhibit #147?

William Parker: This was located in the lower level bedroom. It's a black briefcase and at the time it was found, it was locked and we were not able to open.

Next Witness:

Q. Mr. Herbert Schultz: Where are you employed?

Herbert Schultz: I'm a special agent with the FBI's local field office.

Q. You have in your possession Government exhibit #147 for identification, do you recognize this exhibit?

Herbert Schultz: Yes Sir, it's a briefcase which I first noticed in my squad area in which I witnessed it being opened and involved in the count of the money found therein.

Q. How much money was counted that was inside the black briefcase?

Herbert Schultz: We counted $279,450, that was contained in this briefcase.

Q. Please describe the denominations of the currency?

Herbert Schultz: Yes there were 100's and 50 dollar bills contained in the briefcase.

Q. Can you identify exhibits #137 and #138?

Herbert Schultz: They're photos of the interiors of the briefcase, #137 shows the brief case open with some packages that are wrapped in brown paper packs, one is marked $100,000 and 3 of them are marked $50,000.  Exhibit #138 is the picture taken after we opened up the brown packages. With each you can see displayed, the currency that was inside. There was some loose currency inside as well, which is not wrapped in wrappers when we opened the packs.  

Q. With exhibit #137, was the dollar amount already marked on the packages when you opened it? 

Herbert Schultz: Yes, the photos shows the packages as they looked inside the briefcase right after we opened it.  

Q. Does #137 accurately depict the briefcase when it was opened?

Herbert Schultz: Yes it does.

 

Based on the testimonies and the physical evidence, York jammed himself up by trying to be sneaky, greedy and above the law by holding and not reporting $279,450 cash money.  

A. Was York holding this money because he feared an impending arrest, and was planning to flee the United States?

B. Was this more money that York was planning to structure and not report?

C. Was this part of the money that the Washington D.C. store used to give to York tax free, $2,000 by-weekly?

We may never know, what we do know is, York allowed his followers who lived at 404 Shadydale, Road to live like slaves in poverty,

"...There were times when we didn't have a washing machine or dryer, just basic essential and toiletries, sanitary napkins, people had to use old stockings or towels instead of sanitary napkins..."   -Nichole Lopez

 

Nichole Lopez: There were different time where we would have to be at work, 9:am and we usually left out at midnight, we would work 7 days a week or if it's events coming up, sometimes we'd work past that. If it's a book sales week, you basically didn't go home till it was finished. like Savior's Day week, you would work a couple of days straight doing different jobs, with no pay.

Q. Did you ever get a chance to go to the doctors on a regular basis?

Nichole Lopez: No, there was a time when I had braces and I would go to the orthodontist for my appointments, but when I moved to Eatonton, I couldn't go back and forth, so when I had to get retainers, I wasn't allowed to go get them. 

Q. Did you ever get the medical treatment on the land?

Nichole Lopez: No, not in Eatonton. Unless there was a serious emergency, you didn't go to the doctors.

 

Meanwhile, York was holding the wealth, and lived like a King as those loyal to him lived like slaves.

"I do not live under your law, I am not a student enrolled under Earth principles, I don’t have the morals you have, your idea of morals is different...I come from a world where we don’t have your laws, and the way we go about things is different..."

-Malachi York: Does God Exist According To Our Time?