AMO (II) Plaintiff vs Baron Jess Heimer Defendant

[Aurangzeb Khan]

Ardashir Moqtada al-Osmani
Khan's Offices, Shirekeep

Imperial Inquisitor


Imperial Judex

Ardashir Moqtada al-Osmani, Imperial Inquisitor,
Plaintiff,
vs.
Baron Jess Heimer, alias Johannes Adelistmeiner, alias Johannes von Braun, alias Vilhelm Tjaarda, alias János Andrásné, alias Gerhard van Frysk,
Defendant



Case No.: TBC

The Imperial Republic vs Jess Heimer

Milord Arbiters,

As Imperial Inquisitor I would like to charge Baron Jess Heimer with violation of the "Tri-Cit" law defined as per the Lawbook under Chapter IX Part B

B: Tri Citizenship Restriction

1. No citizen of Shireroth may hold official allegiance to four or more nation while he/she is a citizen of Shireroth.
2. Citizens of Shireroth are allowed only three national allegiances including Shireroth. When applying for citizenship, an individual must have two or less citizenship, else they will be denied citizenship.
3. If a citizen comes into violation of these requirements, he/she must remedy the situation within one Shirerithian week. (14 days). The Kaiser may shorten or extend this period.
4. The Landsraad may place further restriction upon citizenship as long as they do not counter the spirit or the word of this law.
5. The Landsraad may abolish multi-citizenship within the empire entirely if it deems fit to do so.

The crime of Baron Heimer came to light during the course of an investigation that was to form the basis of a petition submitted to the Kaiser on Mon Jul 14, 2008 8:18 pm concerning an attempt on the part of Baron Heimer to register a so-called papel account. A persistent pattern of deceit upon the part of the defendent quickly became apparent, of which the violation of the tri-cit formse chief but not the sole misdemanour committed against the state.

I shall detail now in full the case against Baron Heimer. May I crave your indulgence, all times cited here are given as GMT unless specifically indicated to the contrary.

1. I humbly submit that as Jess has been caught attempting to commit a fraud against the Imperial Republic, namely the attempt to register the account of one "Gerhard van Frysk" as a citizen of the Imperial Republic.

2. The account (Goobersnookjin van Frysk) was registered at Sun Jul 13, 2008 4:13 am. The citizenship application of "Gerhard van Frysk" was made at Sun Jul 13, 2008 4:18 am.

Required

Name: Gerhard van Frysk
Age: 34
Gender: Man
Location: Netherlands
Email:
Other Micronational Citizenships: Non

Optional

AIM screen name:
Interests: Fun things
Birthday: Jules 23
Preferred subdivision: Sraylight
How you heard about Shireroth: Tiping in micronations on google
Previous micronational experience: non
Anything else about you: I speak frisian as my natavie language. I like help with enlish

3. This citizenship application was responded to by Baroness Carol of Ettlingar Freyu, Minister of Immigration and Naturalization, on Sun Jul 13, 2008 at 4:59 am. The application was rejected with the following reasons cited:

I am afraid we are unable to add you to the members list of Shireroth.

" First investigation showed that he had the same email addrees as Vilhelm Tjaarda, Prince of Nederlanden (Vanderveer), whose English is not bad at all.

Second investigation showed that the IP address of Mr van Frysk are VERY VERY similar to Jess's, from an ISP in Iowa, United States.

Application denied on reasons of:

- lying in application form
- deception
- probability of being already a citizen"

We do not accept double memberships, fraudulent memberships, lying on applications, and underage members.

We should note that the speed of the detection of the attempting fraud was a collaborative effort which we will let the minister describe in her own words

The foiling was a matter of my thinking the onscreen name seemed strangely American slang for a supposed non-native English speaker, plus the Kaiser and Oroigawa Koreyasu checking IP addresses and finding out that this was a double-log-in with fraudulent information, and an unqualified applicant who was already a member.
http://shireroth.kuroshiro.net/forum/vi ... 97#p106397

4. We should note once more that this citizenship application was made at 4:18 am. On Sun Jul 13, 2008, at 2:56 am, the Baron Heimer posted notice that he was going on a long leave of absence in protest at the outcome of the Kaiserial succession. He appointed Mike Fors as Baronial Steward and, with characteristic lucidity, stated his intent to "be back as long as my fit of rage ends", which we might take to mean that he would be back as soon as his anger subsided. Given that "Goobersnookjin van Frysk" was registered at 4:13 am on the same day, to an IP that was near identical to the Iowa one used by Baron Heimer, we can assume that his rage was not entirely consistent, having lasted in its original bout all of an hour. By around about 11:19 pm his anger had subsided sufficiently for him to return off his "Long Long LOA" under his own name.

5. We next recalled the initial observation of the Minister of Immigration and Naturalisation:

First investigation showed that he had the same email addrees as Vilhelm Tjaarda, Prince of Nederlanden (Vanderveer), whose English is not bad at all.

And naturally enough we wondered if, having been caught in the act of creating a false identity (papelism) here, he might not have attempted to undertake similar forms of misconduct abroad.

6. Pursuing this line of enquiry we next conducted a very basic background check using open source information derived from the forums of micronations in which Baron Heimer has, on his census return and elsewhere, acknowledged as being a second and third citizenship, as is permitted in accordance with the law. Our primary focus was on Vanderveer.

(Posted under the name "Johannes Adelistmeiner")
Your Name: Jess
Your Email address: jasure123 (at) hotmail (dot) com
Your Age:?
Any other Micronational citizenships: Amokolia, Shireroth
http://prinsvlaanderen.proboards53.com/ ... thread=198

(Still posting as "Johannes Adelistmeiner")
i wish to revoke my citizenship for a few reasons... :'( i might return sometime though!

-For the last time

Johannes von Braun
http://prinsvlaanderen.proboards53.com/ ... thread=204

And then we found the citizenship application of Vilhelm Tjaarda who shared the email address with "Gerhard van Frysk"

Name: Vilhelm Tjaarda
DOB: 08/22/80
Interest in Vanderveer (i.e. anything out of the ordinary, starting a business, anything): Heraldry, Renaissance Art - Rembrandt
Residency of Choice: Het Verenigd
Other Micronational Citizenships: Mulgaria
http://prinsvlaanderen.proboards53.com/ ... thread=202

7. Shireroth, Vanderveer, Gralus, Mulgaria. Now let us compare this with Baron Heimer's most recent census return.

The Basics:
Name: Jess Heimer
Account: Jess
Residence: Isle of Naudia'Diva, Naudia'Diva, Holy Lands of Shireroth, Yardistan, Shireroth
Position: Count of Naudia'Diva, Baron of HLoS, Ambassador to Babkha (? Havent been there for a while) Court Jester
Nobility: ^ ^
Citizenship: Gralus, Vanderveer, Shireroth
Contact: jasure123 (msn, aol, gmail) jessten95 (yahoo)
Awards: Goldon Nixon
Photo:
Webpage: http://www.myspace.com/amokolia
-------------------------

8. Baron Heimer is now manifestly in violation of Tri-Cit, yet, thanks to Jeremy Bellamy of the Britannic Empire, we have been able to add a fifth micronation to this rollcall, that of the Empire of Anterreich-Launderschnell (no I've never heard of it either):

Your Name: Janos Andrasne
Your Country of origin: USA
Your Age: 14
Your chosen region of resident: Anterricht
Any previous micronational experience: Undisclosable
Notes: n00b Here!
The oath: I swear loyalty to the Empire of Anterreich-Launderschnell, His Royal and Imperial Highness Emperor Charles and all his heirs forsaking all hostility to this nation. Amen!
http://anterreich.proboards49.com/index ... &thread=58

(János Andrásné posted a thread headed Resignation of Citizenship, circa March 2008)
János (jess from amokolia)
http://anterreich.proboards49.com/index ... &thread=59

9. I think that this evidence shows that for Baron Heimer lying about his circumstances is a routine part of his behaviour and as such this attempt to come back as Gerhard van Frysk, a 34 year old from Holland, is not an attempt to turn over a new leaf but rather to evade responsibility for his actions. Moreover it is an attempt on Jess' part to have his cake and eat it. This citizenship application came as he claimed to be entering a leave of absence out of protest at the failure of Kaiser Loki II to secure the throne. Attempting to put himself into Straylight under a new name whilst making a great show of storming off is not an attempt to make a fresh start but an attempt to deceive.

We have simply followed where the evidence led, and where the evidence led was to the conclusion that this is not an isolated or exceptional incident on Jess' part. Shireroth has always taken a tough stance on citizenship and these laws must be upheld. I was not in favour of peremenant exile, prefering instead, as far as is micronationally possible, for him to be given a harsh slap that he'll remember, and be done with it. However the Minister for Immigation and Naturalization has some grave concerns, especially since the violation of tri-cit came to light and these may well result in a harsher or indeed permenant sentence.

10. The witnesses I intend to call in support of my case are as follows:

a. His Imperial Majesty Kaiser Ayreon
b. Baroness Carol of Ettlingar Freyu, Minister of Immigration and Naturalization
c. Oroigawa Koreyasu, Emissary of Straylight

Dated this 15th day of July, 2008


Ardashir Moqtada al-Osmani (Imperial Inquisitor)
Khan's Offices, Shirekeep

[Jess]

What a grave confusion

Here it is to un-confuse you:

1. Gerhard was a papel
2. Anterreich, I resigned my citizenship, the nation is dead anyway
3. Vanderveer- Tjaarda is Ryans account, I just used a fake e-mail
4. Adelistmeiner is me. That makes 3 citizenships, asshole
Vanderveer, Shireroth, Gralus

[Malliki]

I accept this case for trial.

1. I direct Lord Heimer to address the Imperial Inquisitor and this court in a respectful manner. Failure to do so can constitute contempt of court. This is an official thread, not off topic. The court will disregard the comments for now and call them youthful ignorance.

2. The defendant may enter a plea of "guilty" or "not guilty". Failure to enter a plea shall constitute a plea of "not guilty". The defendant must enter his plea within a 72 hour period.

3. Only evidence and argumentation pertaining to the possible violation of the Tri-Cit law may be introduced in this court, since that is the only charge brought against the defendant.

4. If Lord Jess wishes to be represented by a lawyer, he may appoint one.

5. Both parties are given 72 hours from the time stamp of this post to prepare their case, gather evidence and talk to witnesses. An extension may be requested.

6. I may be contacted privately on fors (dot) michael (at) gmail (dot) com, but only to discuss procedure.



[Edited to add 2 & 3.]

[Malliki]

After this initial 72 hour period, I will hear opening arguments from both parties. I will also require a list with any witnesses the defendant wants to call. Please remember that non-citizens need Kaiseral approval to be allowed to testify. I refer you to Chapter VII, section C of the LawBook.

[Jess]

Not Guilty.

I resigned The Anterreich Citizenship, long ago,
I am Johannes Adelistmeiner,
Mulgaraia? That is ryans
A fake e-mail adress.
I have Vanderveer, Gralus and Shireroth. There, it is that simple.

And according to the charter, if I would violate the (un-necessary) tri-citizenship rule, I would have one Shirerithian week to resolve the matter. No one has notified me that I have violated it until now, which, I did not.

This is all confusion because when I get bored with my third citizenship, I always change it. And sometime the nation dies.

[Malliki]

I suggest that you present evidence to support what you say. you have approx. 64 hours left to prepare your defense. You may still hire an advocate. After this initial preparation period I will first hear the opening argument from the Inquisitor, then you will be able to make an opening argument as well. Then we'll take it from there.

[Jonas]

You mean that the defendant needs to prove his innocence?

[Malliki]

No. The defendant is presumed innocent until proven guilty by the Inquisitor. However, a mere statement isn't a fact, it is just a statement.

Also, please refrain from posting in this thread unless you have official business here.

[Jess]

Anterreich is dead, no bones about it.
I changed my Vanderveer name from von Braun to Adelistmeiner (you have no rule in that affect)
I've never even heard of mulgaria. Ask Ryan about the Vilhelm Tjaarda thing


EDIT: The Charter says If I am guilty I have one Shirerithian week to resolve it.

I will do so now. What did you say I had? Anterreich-Laundershell and whatelse? I've never heard of Mulgaria, I swear.

I already resigned my AL citizenship in April IIRC. You need to look more before you start a trial. This is ridiculous, you are un-informed, I will now COUNTER-SUE the following:

Ardishir Khan
Hypatia's mom

For lieing in court, and being un-professional by starting a trial as ridicolous as this.

[Malliki]

Baron Jess,

regardless of what you think about these proceedings, you are to behave yourself in a respectful manner while attending this court. This is your second and final warning.

[Erik Mortis]

Jess, I believe you refer to either the Decreebook or the Lawbook. The Charter says nothing about Tri-cit.

[Aurangzeb Khan]

My Lord Assistant Arbiter,

May I say that all of the evidence presented is relevant as it establishes the character of the defendant.

3. If a citizen comes into violation of these requirements, he/she must remedy the situation within one Shirerithian week. (14 days).

It is the duty of the citizen to correct his error upon the committing of it. It is not for him to wait upon the state to hold his hand and guide him in the right direction. He had a week from the offence being commited not a week from being notified that he had commited an offence.

My Lord we do not accept the defendants claim that he was using an email account previously set up by Ryan (presumably Ryan Caruso) for the character Vilhelm Tjaarda. We contend that this character "Vilhelm Tjaarda" was created by Baron Heimer for his own benefit in Vanderveer and that out of idleness he reused the email account for a second "Dutch" character - that of "Gerhard van Frysk". Unless Baron Heimer can produce Ryan as a witness, or some transcript to the same effect. I move that this defence be disallowed as a desperate fabrication. It is hardly reasonable that Jess would use an email account that remains the property of another for an act that is essentially one of subterfuge fraud and deceit since this would concievably lead to any number of circumstances where his plan to install a papel in the Imperial Republic of Shireroth would be unravelled merely by someone sending an email concerning shireroth business to this email account allegedly set up by Ryan. It is not difficult to create a free email account these days, to claim therefore as a defence that you have stolen or borrowed someone else's is frankly pathetic.

I should like to call upon the Minister of the Interior to inform this court of what email address was used by Jess to register the "Goobersnookjin van Frysk" account.

My Lord Assistant Arbiter I also request leave to begin civil proceedings to seek redress for the slanders I and others have received from the accused during the course of this trial.

[Malliki]

First of all, the appropriate style of address is "Your Honor", since I am not a ruling lord.

My Lord we do not accept the defendants claim that he was using an email account previously set up by Ryan (presumably Ryan Caruso) for the character Vilhelm Tjaarda. We contend that this character "Vilhelm Tjaarda" was created by Baron Heimer for his own benefit in Vanderveer and that out of idleness he reused the email account for a second "Dutch" character - that of "Gerhard van Frysk". Unless Baron Heimer can produce Ryan as a witness, or some transcript to the same effect.

1. It is not for the defendant to disprove your claim, it is for you to prove it. A quote with no actual personal information is not considered to be sufficient evidence.

I move that this defence be disallowed as a desperate fabrication.

2. Motion denied. The defendant is allowed to make any kind of defence that is not contrary to law, contempt of court or relying on perjury.

My Lord Assistant Arbiter I also request leave to begin civil proceedings to seek redress for the slanders I and others have received from the accused during the course of this trial.

3. No such leave is granted. Any remarks made by any person in this trial found to be derogatory or slandrous shall be punished by this court as contempt of court.

[Aurangzeb Khan]

Your Honour,

You are in error - the defendant ventured the claim, it is for him to prove its veracity. Otherwise the observation of the Minister for Immigration and Naturalization stands.

[Malliki]

The Minister for Immigration and Naturalization has not yet been heard in this court, therefore no such observation is on record.

As for your claim that I am in error. The means that I have ruled on an issue. If you dislike my ruling, take it up with the Arbiter or the Kaiser.

[Aurangzeb Khan]

Your Honour,

You are being willfully obscurantist. The observation is on record as part of the original submission. If you doubt its veracity I can provide you with the link. Everything that occurs in the Imperial Republic is on record and can be referred to.

[Aurangzeb Khan]

Your Honour,

I regret to inform the court I have done the defendant's work for him and found a witness who can verify his claim concerning Vilhelm Tjaarda. I expect that we shall hear from him shortly. Upon hearing from him I shall hear advice about discontinuing the case and resuming the original petition.

[Malliki]

You are being willfully obscurantist.

Please conduct yourself in a respectful manner. If something is unclear, you can ask me to elaborate.

The email address would have to be entered as evidence, preferably by testimony.

[Ari Rahikkala]

I should like to call upon the Minister of the Interior to inform this court of what email address was used by Jess to register the "Goobersnookjin van Frysk" account.

(not sure if I should be officially called in as a witness or something, I don't watch court dramas on TV)

The closest I have to this information is that the current reported email address for the account Goobersnookjin van Frysk is vilhelmtjaarda@yahoo.com. However, if I may comment on the usefulness of this information...

- the reported address might have been changed after registration by the account's owner (anyone who knows the password) and I wouldn't know of the change
- the board's set up to not confirm the email addresses of registering users. It does send an email containing the account username and password to the provided address, but with our current board settings you could conceivably register an account using somebody else's email address (they'd get the password emailed to them at registration, though, and could also get a new one mailed any time they like using the "forgot my password" feature as long as the account's email address is unchanged)
- a number of other games such as sharing passwords could be played too, of course...

[Aurangzeb Khan]

Of course. Thank you for your assistance.

[sitegod]

NB: I am not the witness I don't think but I may as well whilst I'm here.

Your Honour,

I am completely unfamiliar with the court proceedings within the Imperial Republic of Shireroth, so I ask that the court forgives any blunders I make in doing so.

I can confirm that the accounts of Vilhelm Tjaarda, Prince of Nederlanden in Vanderveer and the account belonging to Jess (display name Johannes von Braun then changed to Johannes Adelistmeiner) are of distinct IP addresses and email addresses.

I can also point the court to the fact that Ryan Caruso's signature on the MCS website acknowledges that he is a citizen of Vanderveer-Tellia (now just Vanderveer).

I can say, with administrative access to Vanderveer despite no longer being the Prince Regent there, and with 100% confidence, that the accounts there are distinct and they belong to two different entities. Plus the subjective evidence that the two styles and contributions of the two accounts are far too different to be the same person. I firmly believe the court will agree in saying that Jess is not intelligent enough to pull off two people to fool the average micronationalist.

With respect,
Michael, Prince of Salamanca (Vanderveer).

[Malliki]

In accordance with LB VII-C-2b, I declare the evidence given by Prince Michael to be out of order. I request that this evidence be allowed by the Kaiser.

[Jess]

NB: I am not the witness I don't think but I may as well whilst I'm here.

Your Honour,

I am completely unfamiliar with the court proceedings within the Imperial Republic of Shireroth, so I ask that the court forgives any blunders I make in doing so.

I can confirm that the accounts of Vilhelm Tjaarda, Prince of Nederlanden in Vanderveer and the account belonging to Jess (display name Johannes von Braun then changed to Johannes Adelistmeiner) are of distinct IP addresses and email addresses.

I can also point the court to the fact that Ryan Caruso's signature on the MCS website acknowledges that he is a citizen of Vanderveer-Tellia (now just Vanderveer).

I can say, with administrative access to Vanderveer despite no longer being the Prince Regent there, and with 100% confidence, that the accounts there are distinct and they belong to two different entities. Plus the subjective evidence that the two styles and contributions of the two accounts are far too different to be the same person. I firmly believe the court will agree in saying that Jess is not intelligent enough to pull off two people to fool the average micronationalist.

With respect,
Michael, Prince of Salamanca (Vanderveer).

Thank you Michael, all of this is true (even the last part).

[Erik Mortis]

We just wait on the Kaiser to approve it's use in court.

[Kaiser Ayreon]

The Kaiser gives his permission.

[Malliki]

The evidence provided by Prince Michael is considered to be in order. I thank His Imperial Niftiness for a speedy response.

[hypatias mom]

Your Honor--

I received an application for citizenship from a Goobersnookjin van Frysk, supposedly a Friskian speaking resident of the Netherlands. The name (referring to peanuts, and used primarily in the US South) seemed odd for a non-native English-speaker, so I mentioned this fact to the Kaiser while online. I do not have access to IP addresses, so he and Oroigawa Koreyasu investigated and found that the IP address was located in Iowa and matched that of the defendant. At that point, it was clear that this was an additional application for citizenship for someone already a citizen. With this already established, additional investigation was undertaken by the Kaiser, Koreyasu-san, and the Khan, and various discrepancies became apparent, namely various ages claimed, various countries of origin, duplication of application for a current citizen, and probable holder of more micronational citizenships than allowed. With this information I denied the application and so informed the applicant. These additional charges have yet to be proven or disproven. I can only speak to my part in this.

If you wish, I can give you a copy of the IM conversation regarding this application. Shall I PM it or simply post it?

[Malliki]

I thank the Minister for that testimony.

The witnesses may be further questioned by either parties. All questions must be relevant to this case, that is, the possible violation of the Tri-Citizenship law. The registration of the papel is not illegal and questions regarding it are disallowed unless they are relevant to this case.

[Malliki]

Your Honour,

I regret to inform the court I have done the defendant's work for him and found a witness who can verify his claim concerning Vilhelm Tjaarda. I expect that we shall hear from him shortly. Upon hearing from him I shall hear advice about discontinuing the case and resuming the original petition.

1. The Imperial Inquisitor is directed to inform this court if these proceedings are to continue or if he rests his case. He has 24 hours to do so. An extension may be requested.

2. This court will not grant a discontinuation of this trial. The Imperial Inquisitor cannot discontinue a case just because his ability to get a conviction might have suffered. This case was referred to this court by His Imperial Niftiness the Kaiser and shall also be concluded here.

[Malliki]

1. Since the Imperial Inquisitor has not informed this court of his intentions as required to, and hasn't asked for a continuation, I hereby declare that these proceedings are over. I also think that it is disrespectful to this institution to not respond when instructed to do so.

2. A verdict will be delivered within 48 hours. The defendant may within this timeframe give a closing statement, but is not required to do so, and the ability to get a verdict of "not guilty" will also not suffer.