This video demonstrates how a defendant in a Michigan embezzlement case attempted to use sovereign citizen tactics, claiming he was 'not the all-caps name' and that corporations cannot be victims because they cannot testify, but the judge firmly rejected these arguments and explained that the court system is not a profit-generating entity, that businesses can be victims, and that the charges (embezzlement of $68,938.40 and computer crime) carry potential 25-year prison sentences.
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Sovereign Citizen Thinks ALL CAPS NAME Trick Will Save HimAdded:
I'm not the all caps name. Of course, you're not.
>> None of that is valid. None of that is law. You are standing in my courtroom. I have jurisdiction over you.
What's your name?
>> I'm here to represent Brian Musgrove.
>> [snorts] >> You're Brian Musgrove?
>> I'm here to represent him.
>> I have no idea what that means. So, why don't you come up to the podium?
>> [clears throat] >> I tried to >> No, stand in front of the thing. So, what is your name?
>> Brian Joseph Musgrove.
>> Okay, are you an attorney? What's your P number?
>> I'm not an attorney.
>> So, then you can't represent Brian Musgrove. So, you are the defendant, correct?
>> I'm the executor on that on that estate.
>> Okay, so none of that is valid or legal.
So, do you have an attorney?
>> He's not doing nothing for me.
>> Okay, that wasn't my question. Do you have an attorney, yes or no?
>> I have Yeah, he was supposed to be representing me, but >> So, you have Michael Dagher-Margossian?
>> Yes.
>> Okay, so he's your attorney?
Okay, so go have a seat. When Mr. Dagher-Margossian gets here, I'll call your case, okay?
All right. So, Mr. Musgrove, do you want to come up to the podium, please? This is in the matter of the people of the state of Michigan versus Brian Joseph Musgrove, file number 23-21461 FH. I have Isaac Smead appearing on behalf of the people, and I have Michael Dagher-Margossian appearing on behalf of Mr. Musgrove.
Mr. Dagher-Margossian, Mike Oh, there he is. So, Mr. Dagher-Margossian, this is a date and time set for pre-trial in this matter. Mr. Musgrove said that he was appearing on his own behalf. I did verify he is not an attorney and you are still the attorney of record. So, um Mr. Dagerman Gozian, how do you wish to proceed?
>> Well, you're on the right. I am aware that Mr. Musgrove uh wants to present information to the court. I'm happy to be standby counsel if he wants to represent himself. Obviously, this court would have to go through the colloquy of that, but um obviously, it's Mr. Musgrove's uh legal right to at least ask the court to do that. So, I'm I'm here to observe at this point.
>> All right. So, Mr. Musgrove, when you were at the bench or up at the podium before, you you said that you were appearing on behalf of yourself. So, Mr. Musgrove, um are you asking to no longer have counsel represent you?
>> Um well, I have what the what what I'm understanding is that the court is a private for-profit >> Mr. Musgrove, I know where you're going with this and none of that is valid.
None of that is law.
>> I'm I'm not the all caps name. The >> None of that is valid. None of that is law. You are standing in my courtroom. I have jurisdiction over you.
So, >> I I tried to file paperwork with the clerk's office ahead of time so that you would have time to review it and they denied me.
>> I know what you're talking about. None of that is valid under the law of the state of Michigan or the Constitution of the United States of America.
>> What do you mean? It is.
>> No.
>> The Supreme Court says it is.
>> What does it say it is?
>> The Supreme Court says that if you we were at the age of 18, we were supposed to take uh claim our our minor status.
>> Nope, not valid.
>> Okay.
>> So, here's what I would say to you. Mr. Daugherity goes in is like most of our public defenders exceptional attorneys and very well versed in the law and very experienced.
He gives legal advice. You may not like the legal advice, but it's usually good advice. I've never had anyone from the public defender's office not wholeheartedly try to represent their clients.
So, what you are talking about is not valid and it is not going to get you out of this case. You're not going to be able to say all those things is not valid.
>> Everyone in this involved in this court case is has a financial interest in the case. That's what it is.
>> I don't have a financial interest in your case. God, you're paid by the state of Michigan whether you plead, whether it gets dismissed. I don't make any money off of you.
We have budgets. The court system is not a profit generating revenue.
We are here to represent people so that people who are charged of crimes are protected, people who are victims of crimes are protected and that's why we have all these >> order for there to be a crime, there has to be a victim. There is there is no >> Well, there is a victim in this case >> The victim would be the company and the company >> You are charged. [clears throat] >> I can't pay something certain, but >> Just hold on. So, your crime that you are charged with, which you are innocent as of this time, let me grab the right file, is value Oh, this is an a Let [clears throat] me see.
This is an embezzlement charge. So, you are charged in count one with embezzlement 50,000 or more but less than 100,000. That being an agent, servant, or employee of Hardwoods of Michigan Industries did convert to your own use without the consent of your employer or principal industrial tools and equipment in the amount of $68,938.40 or money or equipment.
And that's a 15-year felony. So, if you are found guilty by a jury, you can go to prison for up to 15 years. They're charged in count two with using a computer to commit a crime to facilitate the charge in count one. That carries a maximum penalty of up to 10 years in prison. And the way the statute set up, I can actually stack those possibly. So, you potentially could be looking at up to 25 years in prison. So, the victim that's alleged in this would be that business.
>> All right. And I can't face that accuser because that business can't get on the stand for me to ask questions. And a third party >> representative can't. Yes, they can.
Yes, they can.
>> [clears throat] >> Yes, they can.
So, I have 189,000 of student loan debt that was forgiven to be a lawyer. You do not. And Mr. Daggermouth goes in, Mr. Isaac Sneed, all of the attorneys here went to law school to know the law, and their job is to advise you on the law.
So, yes, they can. Yes, they can be charged.
>> First, everything all the laws and statutes that you guys go by are corporations. They're for fiction.
>> Still a crime. Still a crime.
>> But I'm not a fictitious corporation.
I'm a living person.
>> Yep, and that's why you're standing in front of me. If you were dead, the case would be dismissed.
>> Yeah, the the all caps name is dead.
>> That means nothing. That's not valid.
That's not legal.
So, do you want to represent yourself or do you want to have an attorney to represent you?
>> I I need some time to think.
>> Okay. So, I'm going to set this for another pre-trial on March 20th at 8:30 in the morning. And Miss Adams, put I get a notice of hearing for Mr. Musgrove.
>> Yes, Judge.
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