Federal Indictment Against Liberty Dollar

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VIOLATIONS:
18 USC § 371
18 USC § 485
18 USC § 486
18 USC § 1341
18 USC § 2
BILL OF INDICTMENT
UN~~’EJ’L
UNITED STATES DISTRICT COURT FOR THE CHARLOTTE, N.C.
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION MAY I 9 2009
U.S. DISTRICT COU
UNITED STATES OF AMERICA DOCKET NO. 5:09CR ~1W. DlST. OF N.c.RT
v.
1) BERNARD VON NOTHAUS
2) WILLIAM KEVIN INNES
3) SARAH JANE BLEDSOE
4) RACHELLE L. MOSELEY
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THE GRAND JURY CHARGES:
INTRODUCTORY PARAGRAPHS
1. NORFED, the National Organization for the Repeal of the Federal Reserve and
Internal Revenue Codes, together with its officers, members, associates, and
customers (collectively NORFED), was founded by Bernard von NotHaus in
1998. In or around 2007 NORFED was renamed Liberty Dollar Services, Inc.
2. NORFED has continuously been in operation from 1998 to the present.
3. Bernard von NotHaus was the president ofNORFED and the Executive Director
of Liberty Dollar Services, Inc. until on or about September 30, 2008. He is also
the Regional Currency Officer in Evansville, Indiana where NORFED corporate
offices are maintained. Bernard von NotHaus designed the Liberty Dollar
currency in 1998.
4: WilliamKevin T!1!1esistheAsheville;NorthCarolinaRegionalCurrency··Officer
for NORFED and one of three members of the NORFED Executive Committee.
5. The corporate office, which is also known as the NORFED Fulfillment Office, is
located in Evansville, Indiana. The corporate office contracts for the printing and
minting of American Liberty Dollar, receives orders and monetary payments in
United States Currency for Liberty Dollars, distributes materials, distributes
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Liberty Dollar currency, and organizes the Liberty Dollar University which trains
Regional Currency Officers and Liberty Dollar Associates in methods of sale and
distribution of Liberty Dollars. The Liberty Dollar website, www.libeliydollar.org
is serviced and maintained at the corporate office. NORFED uses the United
States mails and Postal Service to send and receive materials to and from the
Fulfillment Office.
6. Until in or around March 2008, Sarah Bledsoe was the NORFED Fulfillment
Office manager in Evansville, Indiana.
7. Rachelle Moseley works in the Evansville, Indiana corporate office ofNORFED
and has been employed as the Regional Currency Officer Manager and Chief
Operations Officer.
8. Bernard von NotHaus, NORFED and the members and associates ofNORFED
have circulated the Liberty Dollar in the United States’ economy from 1998 until
the present date.
9. NORFED mints the Liberty Dollar coins at the Sunshine Mint in Coeur D’Alene,
Idaho.
10. On October 17,2005, an FBI agent working undercover called NORFED from
North Carolina at telephone number 1-888-421-6181. The agent used a credit
card to purchase the Liberty Dollar Associate membership and materials and to
emoll in Liberty Dollar University, a total purchase of$550.00.
11. On November 3, 2005, an FBI agent working undercover received the previously
ordered Liberty Dollar Associate package in the United States mail. The package
contained the NORFED Liberty Dollar Associate introductory packet of materials,
which included American Liberty Dollar coins and warehouse receipts.
Purpose and Use of the American Liberty Dollar
12. Since 1998, NORFED has been issuing, disseminating, and placing into
circulation, including by use of the Postal Service and United States mails, the
Liberty Dollar in all its forms throughout the United States and Puerto Rico. The
purpose of NORFED  is to mix LibertyDollars into the current money of the
United States. NORFED intends for the Liberty Dollar to be used as current
money in order to limit reliance on, and to compete with, United States currency.
13. The Liberty Dollar, which is created in paper and coin form, is intended by
NORFED to be a circulating currency used to purchase goods and services.
Because NORFED, as a core belief, views United States currency as worthless, it
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intends the Liberty Dollar to be used as current money in order to limit reliance
on, and to compete with, Federal Reserve Notes and coinage.
14. The NORFED Liberty Dollar coins are marketed as an inflation proof currency
intended to be spent like U.S. Federal Reserve Notes and coins, and are alleged to
be backed by and redeemable for silver and gold.
15. Bernard von NotHaus authored a book entitled The Liberty Dollar, America‘s
Inflation ProofCurrency, 100% backed by and Redeemable in Gold and Silver
(hereinafter The Liberty Dollar). In his book, von NotHaus writes that “the
Liberty Dollar is ‘direct competition’ to the current money of the United States”,
and that the Liberty Dollar is a “free market currency” which is designed “to be in
commerce” and is “meant to be spent”.
16. In The Liberty Dollar . .. (p. 20-21), paying for goods and services with Liberty
Dollars is described by Von Nothaus as follows:
When the FRN are mixed with the Silver Liberty, the
acceptance rate is nearly 100%. I’ve only been refused
once out of hundreds of transactions. Second, when I
get to the cashier, I say ‘I have the paper, [show them
the FRN cash], but I would like to pay with silver.’ I
then drop the $10 Silver Liberty in the cashier’s hand.
Then wait. … When they ask ‘is it real?’ I always
answer: ‘Yes, ounce of silver, 10 dollars.’ Letthem
look at it as long as they like… If they ask, ‘Where did
you get it?’ my first answer is ‘From a friend who
collects them, but I like to spend them.’ Smile. This
lets them know it’s inherently valuable and that people
collect them and some people spend them, in just one
sentence. It also lets them know that you’re not crazy
to spend this money and there are others doing it too.
Forms of the Liberty Dollar
17. The American Liberty Dollar currency is available in three forms: coins,
warenousereceipts, arid LibertyDi:illars(Digitill ! Electfi:iriicLibertyDi:illilfs):
18. There are five primary coins issued, exchanged, presented, uttered and circulated
by NORFED: one dollar, five dollar, ten dollar, twenty dollar, and fifty dollar.
19. NORFED states that the currency is 100% backed by silver or other precious
metals.
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Members of the Organization
20. There are four levels of membership, or participation, in NORFED. The first is a
Regional Currency Officer (RCO) who markets the currency regionally. Regional
Currency Officers pay an annual fee to obtain a geographic region where they sell
and distribute the Liberty Dollars, and where they also recruit new members.
21. The second level of participation or membership is the Liberty Dollar Associate.
The Liberty Dollar Associate pays $250.00 (U.S. currency) for membership. The
Associate then receives 100 Liberty Dollars (coins and warehouse receipts),
information about and access to Liberty Dollars, and a packet of information
which is designed to help them market the Liberty Dollar currency. Once the
Liberty Dollar Associate is a member, they can then purchase Liberty Dollars at a
discounted rate from their regional currency officer or from. the NORFED website.
The person who refelTed the new Liberty Dollar Associate (typically another
Liberty Dollar Associate or Regional Currency Officer) receives 100 Liberty
Dollars as a refelTal fee. NORFED keeps the remaining $50 U.S. currency as
profit.
22. The third level of membership is the Merchant. Merchants are typically people
within the community or own or run a business which accepts U.S. cUlTency as
payment for goods and services. Merchants are recruited by members of the
Liberty Dollar organization to accept Liberty Dollar currency in exchange for
goods and services, just as the merchant would accept official U.S. CUlTency. The
Regional Currency Officers and Liberty Dollar Associates focus on recruiting
merchants, not only to make money from the refelTal fee, but also to provide a
place where the Liberty Dollar currency is accepted for goods and services.
Merchants are encouraged to purchase Liberty Dollar currency at a discount and
then to use the Liberty Dollar cUlTency to make change for U.S. Currency. In
making the exchange, the Liberty Dollar Merchant can make a profit and fnrther
place Liberty Dollars into circulation. Typically, Liberty Dollar Merchant’s are
willing to participate in the Liberty Dollar exchange not only for profit, but also
for the free advertising which is promised by the Liberty Dollar organization.
Some are convinced, by the Liberty Dollar RCO or associate to participate to
show “unity” with other local merchants.
23. TheLiberty Merchant Handbook,Which is publilished by NORFED and has been
in use by NORFED since 2003, describes the role and activities of Liberty
Merchants. This Handbook states that a Liberty Merchant must agree “to accept
Liberty currency when presented” and “agree to offer Liberty Currency as change
[for U.S. currency] whenever possible”. The Handbook further provides that the
Liberty Merchant makes a profit by giving Liberty Dollars “out as change”.
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24. The fourth level of participation in the Liberty Dollar scheme is the purchaser who
receives money from Liberty Dollar Merchant as change for a purchase. Some
purchasers knowingly and willingly accept the Liberty Dollar currency as change.
Other purchasers however do not know that they have been provided Liberty
Dollar currency as change for a purchase because the Liberty Dollar currency
appears to be official U.S. currency. Thus, in this instance, the unknowing
customer has been provided coinage which cannot legally be used as U.S.
currency, nor can it be deposited into the U.S. banking system because it is not
U.S. currency.
The Profit Scheme
25. NORFED, the Regional Currency Officers, Associates, and member Merchants
make a profit circulating the currency. NORFED sells the American Liberty
Dollar to Regional Currency Officers, Associates, and Merchants at a price greater
than the daily spot price of silver, but less than monetary denomination reflected
on the currency’s face value. NORFED’s profit is the difference between the
value for which the silver minted in the coin was purchased by NORFED, and the
price for which it sells the coin.
a. On or about November 15, November 22, November 23, December 9,
December 28, 2005, and other occasions in 2005, RCO Innes purchased
$10 and $20 Liberty coins from NORFED. Innes placed his order with
NORFED through Bledsoe and Moseley. The order was then shipped by
NORFED to either his residence or Post Office Box in Asheville, North
Carolina.
b. On or about May 16, December 6, and other occasions in 2006, Regional
Currency Officer Innes purchased $20 Liberty coins from NORFED.
Innes placed his order with NORFED through Bledsoe and Moseley. The
order was then shipped by NORFED to either his residence or Post Office
Box in Asheville, North Carolina.
c. On or about February 19, April 18, October 5, and other occasions in
2007, Regional Currency Officer Innes purchased $20 Liberty coins from
NORFED. Innes placed his order with NORFED through Bledsoe and
Moseley:  The order was then shipped by NORFED to either his resideince
or Post Office Box in Asheville, North Carolina.
26. Regional Currency Officers, Associates and Merchants sell the Liberty Dollar
coin at a greater price than they pay for it. Thus, the profit for these individuals is
the difference between their discounted purchase price and the price for which
they sell the coin, or in the Merchant’s case, the value that they equalize it to U.S.
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currency when making change.
27. A person who is not affiliated with NORFED pays the face value minted on the
coin.
2006 Warning by the United States Mint
28. On September 14,2006, the United States Mint issued a press release and warning
to American citizens that the Liberty Dollar was “not legal tender”. The Mint
press release and public service announcement stated that the Department of
Justice had determined that the use of Liberty Dollars as circulating money was a
federal crime. Thereafter, the U.S. Mint mailed copies of the press release/public
service announcement to known NORFED regional currency officers.
Additionally, NORFED alerted Regional Currency Officers and members of the
Media regarding the U.S. Mint warning.
29. Since the U.S. Mint issued the warning, NORFED, its officers, members, and
associates, have continued to circulate the Liberty Dollar in cornrnerce.
a. On or about May 16, December 6, and other occasions in 2006, Regional
Currency Officer Innes purchased Liberty coins from NORFED, sold
Liberty coins to Liberty Dollar Associates and Merchants, and uttered
Liberty Dollar coins to the public in the Western District of North
Carolina.
b. On or about February 19, April 18, October 5, and other occasions in
2007, Regional Currency Officer Innes purchased Liberty coins from
NORFED, sold Liberty coins to Liberty Dollar Associates and Merchants,
and uttered Liberty Dollar coins to the public in the Western District of
North Carolina.
30. In October 2005, Liberty Dollar University (LDU) number 7 was held in the
Western District of North Carolina. Innes and von NotHaus were both lecturers at
the conference. Rachelle Moseley and Sarah Bledsoe helped to market LDU
number 7, and assisted in the preparation of the conference. At the conference,
von Nothaus identified Rachelle Moseley and Sarah Bledsoe as employees of
NORFED:mifing·alecturearthisconference,’VonNotHauSfoldattendeesthat
the Liberty Dollar was “entirely legal”, but that they should not contact the FBI or
the United States Secret Service because to do so would “kick a sleeping dog”.
He also told the attendees not to use the word “coin”, instead they should call the
Liberty Dollar “currency”. He also instructed attendees that they should tell
merchants, to whom they wanted to sell the Liberty Dollar, that they should use
the terminology “making money by making change”. Thus encouraging the
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merchants to provide Liberty Dollars to unsuspecting customers as change,
instead of using United States currency as change. Von NotHaus also advised that
NORFED would be issuing Liberty Dollar coins for each state, and planned to
release these coins during the same time that the U.S. Mint was introducing the
State nickle. Von NotHaus also stated, during a lecture, that NORFED was
making a profit of more than $1,000,000 United States Dollars per year. He also
stated that there were approximately $15 million Liberty Dollars in circulation.
31. In November 2006, at a meeting in the Western District of North Carolina,
Bernard von NotHaus stated that the U.s. Mint warning was “wrong” and that
Liberty Dollar activities were lawful. He stated that there were $20 million
Liberty Dollars in circulation, thus competing with U.S. currency. He also
advised attendees about the language of the U.S. Mint warning, and how they
should avoid terminology which associated the Liberty Dollar with U.S. currency.
Thus, he encouraged Liberty Dollar users to continue with their distribution
activities, but to avoid certain terminology. He advised that the U.S. Mint warning
was “a lie”.
32. At a meeting in March 2007 in the Western District of North Carolina, Bernard
von NotHaus discussed the U.S. Mint warning with Liberty Dollar merchants,
associates, and RCO limes. Von NotHaus stated that NORFED was a multimillion
dollar company. Again, von NotHaus advised attendees that the Liberty
Dollar was legal.
Resemblance to Legal Tender and Coins oCtIle United States
33. Article I, section 8, clause 5 of the United States Constitution delegates to
Congress the power to coin Money and to regulate the Value thereof. This power
was delegated to Congress in order to establish and preserve a uniform standard of
value. Along with the power to coin money, Congress has the concurrent power
to restrain the circulation of money which is not issued under its own authority in
order to protect and preserve the constitutional currency for the benefit of the
nation. Thus, it is a violation oflaw for private coin systems to compete with the
official coinage of the United States.
34. In accordance with the U.S. Constitution, Federal Reserve Notes (FRN’s),
5bligations;andSeclititiesoftheUl1ited·States··whichare issued bytheU:S.
Bureau of Engraving and Printing, and coins which are issued by the U.S. Mint,
m:e the current money of the United States.
35. Liberty Dollar coins resemble coins of the United States. Liberty Dollar coins of
five, ten, twenty, and fifty dollars are engraved with the “$”(dollar sign) which
signifies and is universally known as the symbol for the United States dollar. In
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addition, the word “dollar” is printed on the coins.
36. The five “dollar” denomination of the Liberty Dollar is the same size as the
Kennedy half-dollar coin of the United States.
37. The ten “dollar” denomination ofthe Liberty Dollar is the same size as the
Eisenhower dollar coin of the United States.
38. United States coins in the denominations of dollar, half-dollar, quarter, dime and
nickel are engraved with the phrase “In God We Trust”. Liberty Dollar coins of
five, ten, twenty and fifty “dollars” are engraved with the phrase “Trust in God”.
39. United States coins in the denominations of dollar, half-dollar, quarter, dime and
nickel are engraved with the word “Liberty”. Liberty Dollar coins of five, ten,
twenty and fifty “dollars” are engraved with the word “Liberty”.
40. The dime of the United States is engraved with a burning torch. The one dollar
coin of the United States is engraved with the Statue of Liberty holding a burning
torch. Liberty Dollar coins of five, ten, twenty, and fifty “dollars” are engraved
with a burning torch.
41. The one-dollar James Monroe coin of the United States is engraved with the
Statue of Liberty. Liberty Dollar coins of five, ten, twenty and fifty “dollars” are
engraved with a crowned head remarkably similar, if not exactly the same, as the
crowned head on the Statue of Liberty.
42. United States coins in the denominations of half-dollar, quarter, dime and nickel
are silver in color. Liberty Dollar coins in the denominations of five, ten, twenty,
and fifty “dollars” are silver in color.
43. Liberty Dollar coins in the denominations of five, ten, twenty, and fifty “dollars”
are engraved with “USA”.
44. In The Liberty Dollar…., Bernard von NoH-Jaus writes that “[w]hen the FRN’s
[legal U.S. coins] are mixed with the American Liberty Dollar coins, the
acceptance rate is nearly 100%”.
COUNT ONE
45. Paragraphs One through Forty-Four ofthe Introduction to this Indictment are realleged
and incorporated by reference into Count One.
46. From in or around January 1998 and continuing until the present, in the Western
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District of North Carolina, and elsewhere,
1) BERNARD VON NOTHAUS
2) WILLIAM KEVIN INNES
3) SARAH JANE BLEDSOE
4) RACHELLE L. MOSELEY
did knowingly, willfully and unlawfully combine, conspire, confederate and agree with each
other, and with other persons both Imown and unknown to the grand jury, to commit the
following offenses against the United States:
A. It was a part and an object of the conspiracy that the defendants, and others
both known and unknown to the grand jury, having devised a scheme and
artifice to defraud, and for obtaining money and property by means of false
and fraudulent pretenses, representations, and promises, to wit: a scheme
and artifice to publish, possess and sell for profit coins in resemblance and
similitude of coins of a denomination higher than five cents, coined at the
Sunshine Mint, a Mint of the United States, in violation of Title 18, United
States Code, Sections 485; and,
B. It was a part and an object ofthe conspiracy that the defendants, and others
both known and unknown to the grand jury did knowingly and unlawfully
utter and pass, and attempt to utter and pass, a coin of silver in
resemblance of genuine coins of the United States in the denominations of
five dollars and greater, and intended for use as current money, in
violation of Title 18, United States Code, Section 486.
Overt Aets
47. In furtherance of the conspiracy, the defendants engaged in the overt acts set forth
in the introductory paragraphs, among others.
All in violation of Title 18, United States Code, Section 371.
COUNT TWO
48. Paragrapl1s0net!D:oughForty-Four of’tl1elntfoducHon toThi.sIlldictment are realleged
and incorporated by reference into Count Two.
49. From in or around January 1998 and continuing until the present, in the Western
District ofNorth Carolina, and elsewhere,
1) BERNARD VON NOTHAUS
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2) WILLIAM KEVIN INNES
3) SARAH JANE BLEDSOE
4) RACHELLE L. MOSELEY
having devised and intending to devise a scheme and artifice to defraud, and for obtaining money
by false and fraudulent pretenses, representations, and promises, and to sell, exchange, give
away, and distribute for unlawful use counterfeit and spurious coins, obligations, securities, and
other articles, and things represented to be and intimated and held out to be such counterfeit and
spurious articles, for the purpose or executing such scheme and artifice and attempting so to do,
did place in a post office or authorized depository for mail matter, matters and things to be sent
and delivered by the Postal Service, and did take and receive therefrom, and knowingly cause to
be delivered by, according to the address thereon, and at the place at which it is directed to be
delivered by the person to whom it is addressed, any such matter or thing, and did aid and abet
each other.
Overt Acts
50. In furtherance of the conspiracy, the defendants engaged in the overt acts set forth
in the introductory paragraphs, among others.
All in violation of Title 18, United States Code, Sections 1341 and 2.
COUNT THREE
51. Paragraphs One through Forty-Four of the Introduction to this Indictment are realleged
and incorporated by reference into Count Three.
52. From in or around June 2004 and continuing until the present, in the Western
District ofNorth Carolina, and elsewhere,
I) BERNARD VON NOTHAUS
2) WILLIAM KEVIN INNES
did unlawfully and knowingly sell and possess with the intent to defraud, Liberty Dollar coins in
resemblance and similitude of United States coins of denominations higher than five cents,
coined at the Sunshine Mint, a mint of the United States, and did aid and abet each other.
In violation of Title 18, United States Code, Sections 485 and 2.
COUNT FOUR
53. Paragraphs One through Forty-Four of the Introduction to this Indictment are realleged
and incorporated by reference into Count Four.
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54. From in or around June 2004 and continuing until the present, in the Western
District ofNorth Carolina, and elsewhere,
1) BERNARD VON NOTHAUS
2) WILLIAM KEVIN INNES
did knowingly and unlawfully utter and pass, and attempt to utter and pass, a coin of silver in
resemblance of genuine coins of the United States of the denominations of five dollars and
greater, and intended for us as current money, and did aid and abet each other.
In violation of Title 18, United States Code, Sections 486 and 2.
NOTICE OF FORFEITURE AND FINDING OF PROBABLE CAUSE
Pursuant to Fed. R. Crim. P. 7(c)(2) and 32.2(a), notice is hereby given that the defendant
has or had a possessory or legal interest in the following property that is subject to forfeiture:
(a) all property involved in the violations alleged in this Bill ofIndictment;
(b) all property that facilitated or was used in such violations;
(c) all property which is proceeds and gross receipts of such violations; and,
(d) in the event that any property described in (a), (b), and (c) caunot be located upon the
exercise of due diligence; has been transferred or sold to, or deposited with, a third party;
has been placed beyond the jurisdiction of the court; has been substantially diminished in
value; or has been commingled with other property which caunot be divided without
difficulty, all other property of the defendant, pursuant to 21 U.S.C. § 853(P) and Fed. R.
Crim. P. 32.2(e), to the extent of the value of the property described in (a), (b), and (c).
The Grand Jury finds probable cause to believe that the following property is subject to
forfeiture on one or more of the grounds stated above:
Pursuant to the provisions of 18 U.S.C. § 492 and 18 U.S.C. § 982(a)(2)(B):
because it is counterfeit of coins and obligations and other securities of the United
States; in violation of18U:S:C:§§485and486;
because it is articles, devices, and other things made, possessed, or used in
violation of Chapter 25 (“Counterfeiting and Forgery”), Title 18, United States
Code, including 18 U.S.C. §§ 485 and 486;
because it is materials and apparatuses possessed and used and fitted and intended
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to be used, in the making of such counterfeits, articles, devices or things, without
authority from the Secretary of the Treasury or other proper officer, in violation of
18 U.S.C. § § 485 and 486;
because it coins or bars in resemblance and similitude of any coin of a
denomination higher than 5 cents and any gold or silver bar coined and stamped at
any mint and assay office of the United States, in violation of 18 U.S.C. § § 485
and 486;
because it is coins of gold, silver, and other metals and alloys thereof, made,
passed, and uttered and intended to be made passed and uttered, intended for use
as current money of the United States, and in resemblance of coins of the United
States and of original design, in violation of 18 U.S.C. § § 485 and 486.
Pursuant to 18 U.S.C. § 982(a)(2)(A) and 18 U.S.C. § 982(a)(3)(E); and 18 U.S.C. §
981 (a)(l)(C), 28 U.S.C. § 2461, 18 U.S.C. § 1956(c)(7), and 18 U.S.C. § 1961(1),
because it is property which constitutes or is derived from proceeds and gross
receipts traceable to the offense of mail fraud, a violation of 18 U.S.C. § 1341:
3039.375 Pounds of Copper Coins,
5930.32 Troy Ounces of Silver Coins,
63.24 Troy Ounces of Gold Coins,
3 Platinum Coins,
168,599 Silver Troy Ounce Coins,
147 Gold Troy Ounce Coins,
17 Gold .05 Troy Ounce Coins,
710 Silver .5 Troy Ounce Coins,
n SilvefBafsandSilvefscfaplotaliItgl 0;720:60 Troy·Ounces,
1,000.5 Troy Ounces of Silver Coins,
1,000.5 Troy Ounces of Silver Coins,
Dies, Molds, and Casts Seized at Sunshine Minting, Inc. on November 14,2007,
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16,000.05 Troy Ounces of Raw Silver,
100 Ounces of Copper Coins,
and
$254,424.09 in United States Currency,
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