Judge delays taking of Nuwaubian property

[kAHANyAH]

Posted on Wed, Jun. 30, 2004





Judge delays taking of Nuwaubian property

By Gary Tanner

Telegraph Staff Writer


The federal government cannot seize property linked to Nuwaubian leader Malachi York, including 476 acres in Putnam County, until York learns whether he'll get a new trial on child molestation and other charges, a judge ruled Wednesday.
"That may be a matter of months," U.S. Attorney Max Wood said following a hearing in Royal's court.
U.S. District Judge Ashley Royal held a hearing Wednesday on whether the two properties must be turned over to the federal government after York, founder of the United Nuwaubian Nation of Moors, was convicted in April.

Some members of the group contend the properties are theirs, not York's, and therefore not subject to forfeiture.

Anthony Evans, his wife Patrice Evans and group member Ethel Richardson have asserted they are the legal owners of a 476-acre tract in rural Putnam County that serves as the base of the group, which now refers to itself as Yamassee Native American Moors of the Creek
Nation. Evans described himself as a church deacon of York's group.
A York family partnership is the owner of York's former $750,000 house in Athens, according to lawyer Robert Ratliff, who represented the group members.
Assistant U.S. Attorney Verda Colvin argued ownership of the Putnam County property was never legally transferred from Malachi York. She argued the family partnership was set up after York was criminally charged and was an attempt to shelter assets from forfeiture.
Ratliff presented witnesses who said York transferred ownership of the property from York to a group of nine of his followers. Anthony Evans testified the group volunteered to take over the land and work to resolve "zoning problems," that had been occupying much of York's time. Putnam County had cited York for a number of building code and zoning violations.

Hold your heads up Nuwaubians, this is a definite good sign
www.macon.com/mld/macon/news/breaking_news/9049185.htm

[SatiyaH]

That is the media version, this is a version from "someone else" who was there:

Today was the hearing on York's land, more specifically the mansion in Athens and the 470+/- acre compound tract. York's interest was forfeited by the jury verdict at his trial in January. As you remember York deeded the property to a non-existent "Pure Trust", then the Pure Trust deeded it to the 9 individual Nuwaubians who in turn deeded their respective interests down to 3 Nuwaubians. These 3 and a BullSh*t. limited partnership that York created file claims to the property. The court reserved final ruling until he rules on the York's motion for new trial but the judge did say "I cannot find one shred of evidence that these claimants (the 3 Nuwaubians) have any legitimate interest in the properties."

The Asst. U.S. Atty., Verda Colvin, was great. We didn't even put up but a few of our witnesses. We didn't have to because their witnesses made the case for us. York's sister said she created the ltd. partnership just because her brother said so. The attorney that created the ltd. partnership said he met York in jail and formed it per York's instructions. The Waubs that claimed to own the compound property said they paid nothing for it and admitted that the deeds to them were done just to get York out of the county's lawsuit.

The hearing on the motion for new trial will be July 16th.

[Nubian Ninjah]

lol

[Ralph]

SatiyaH said:

That is the media version, this is a version from "someone else" who was there:

Today was the hearing on York's land, more specifically the mansion in Athens and the 470+/- acre compound tract. York's interest was forfeited by the jury verdict at his trial in January. As you remember York deeded the property to a non-existent "Pure Trust", then the Pure Trust deeded it to the 9 individual Nuwaubians who in turn deeded their respective interests down to 3 Nuwaubians. These 3 and a BullSh*t. limited partnership that York created file claims to the property. The court reserved final ruling until he rules on the York's motion for new trial but the judge did say "I cannot find one shred of evidence that these claimants (the 3 Nuwaubians) have any legitimate interest in the properties."

The Asst. U.S. Atty., Verda Colvin, was great. We didn't even put up but a few of our witnesses. We didn't have to because their witnesses made the case for us. York's sister said she created the ltd. partnership just because her brother said so. The attorney that created the ltd. partnership said he met York in jail and formed it per York's instructions. The Waubs that claimed to own the compound property said they paid nothing for it and admitted that the deeds to them were done just to get York out of the county's lawsuit.

The hearing on the motion for new trial will be July 16th.

Once again, good research

[kAHANyAH]

Posted on Thu, Jul. 01, 2004





Nuwaubians keep land Ð for now

Judge rules property will stay with sect until decision on York

By Gary Tanner and Sharon E. Crawford

Telegraph Staff Writers


A federal judge ruled Wednesday that $1.7 million in land tied to the United Nuwaubian Nation of Moors will remain in the hands of its members until the court decides whether the sect's leader, convicted child molester Malachi York, will get a new trial.

U.S. District Judge C. Ashley Royal said there was no evidence shown during the hearing Wednesday that anyone other than York owned the two pieces of property, but he would delay a final ruling on whether federal officials could seize the property until York's motion for a new trial was decided.

"That may be a matter of months," U.S. Attorney Max Wood said after the hearing.

The decision came after a group of York's supporters said the pieces of property - including the 476-acre compound in Putnam County - belonged to them and not York.

Last year, federal prosecutors filed a civil lawsuit against York to seize the two pieces of property and more than $430,000 in cash seized at the time of York's arrest. Wood said it was still not known whether any funds from the properties will be used to pay restitution to York's victims.

"We're exploring all our options," Wood said. Traditionally, money collected from seized properties go to law enforcement agencies that work the case.

Attorneys for York - who was sentenced in April to 135 years in federal prison for child molestation and racketeering - have filed a motion for a new trial and a notice of intent to appeal his criminal conviction. Wood said York is being held in the Jones County jail while his case is pending.

Royal said it could take up to a year and a half before York's criminal case is concluded.

Alabama attorney Robert Ratliff, who represented the group opposing the seizure Wednesday, said York deeded both pieces of property to his followers.

Follower Anthony Evans, who described himself as an elder of the church, testified he and two others are the legal owners of the Putnam County property. Putnam County Sheriff Howard Sills has said approximately 50 people still live on the property.

Representatives from the York Family Partnership, who claim to be the owner of York's $750,000 house in Athens, said they have control of the residence.

Assistant U.S. Attorney Verda Colvin argued ownership of the Putnam County property was never legally transferred from Malachi York. She also argued the family partnership was set up after York was criminally charged and was an attempt to shelter assets from forfeiture.

"The Athens property was not transferred until after York's arrest," Colvin said. "And at that time, Malachi York still had 99 percent of the ownership in that property."

Ratliff presented witnesses who said York transferred ownership of the Putnam County property in 1999 to a group of nine of his followers. Evans testified the group volunteered to take over the land and work to resolve "zoning problems" that had been occupying much of York's time. Putnam County officials had cited York for a number of building code and zoning violations.

"(The property) went from hand to hand," Evans said. "Dr. York signed it over to us, and we tried to keep it in our hands and take care of it."

Colvin asked if the main reason the transfer was to relieve York of his legal problems related to the property. Prosecutors allege York was trying to get out of the legal battle with Putnam County by turning over the property with the understanding that it remained in his control.

"It was connected to that, yes, because we were really trying to work with the county," Evans said.

Government expert witness Wayne Crowley later testified that three attempts to transfer title of the Putnam County property from York to others in his group were invalid because they never filed a required transfer tax document.

Ratliff asked Crowley if transfers to charitable or religious groups are tax-exempt.

"There would be no tax, but there must be a tax declaration explaining why no tax is owed," Crowley said.

On one deed, the Putnam County property was described as being from an entity called Tama Re Enterprises to the nine group members. Crowley said he could find no evidence of a business or other entity by that name. The final deed transfer showed ownership going from York to the Evanses and Richardson in exchange for "$10 and love and respect."

Atlanta lawyer Douglas Thompson, who set up the York Family Partnership and a related corporation that owns the Athens house, testified the intent was not to prevent forfeiture.

"We wanted to establish some control for Rev. York on a day-to-day basis," as he dealt with the criminal charges against him, Thompson said.

In his closing statement, Ratliff said that if Royal does award the property to the government, it should only be 30 acres where the criminal acts are alleged to have taken place.

"It's not unheard of to partition seized property like that, but we don't think it's appropriate in this case," Wood said after the hearing.

Royal said that testimony during York's criminal trial showed that abuse occurred throughout the property and not just where there was housing.

"There was considerable testimony at trial that people were not allowed to leave the compound," Royal said. "Whatever was included in the compound was more than just the 30 acres you have mentioned."

In her closing remarks, Colvin asked that Royal order the Athens house sold because the property is in foreclosure and accrues more than $140 in fines per day.

York Family Partnership vice president Richelle York Davis, said the mortgage payments are not in arrears. Davis identified herself as York's non-biological daughter, but testified she has not been legally adopted by him.

Wood said he didn't know if anyone was living in the Athens-Clarke County property.

www.macon.com/mld/macon/news/local/9051788.htm

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[SatiyaH]

I have the documents, the power of attorney papers etc. that show York created the YF Ltd. Partnership one month after his arrest.
It's no big deal, public records if you know where to look you can get them yourselves online. His sister, Dale York Brown is his power of attorney.