REPORT #PCT01A: DIFFERENT KINDS OF TRUSTS

Introduction

There are many different kinds of trusts - almost as many as there are writers of trusts. Also, each writer of trusts has his or her own perspective of what a trust is and what he or she means by terms like "trust."

In Build Freedom literature we basically refer to three different types of trusts:

1. The Wyoming Trust;
2. The Build Freedom Trust;
3. The Pure Contract Trust.

The Wyoming Trust
The Wyoming Trust is a common-law trust based on the laws of Wyoming. It's a very simple do-it-yourself trust. You simply buy a form, you fill it out, sign it, and get it notarized. There's no need to file it with the County Recorder, though this may be necessary if real property is to be exchanged into the trust.

Although the Wyoming Trust includes a clause that states that it is not a statutory trust, bureaucrats would certainly claim that it is subject to their statutory control. Arizona has a statute that describes certain trusts, and stipulates that these trusts are subject to statutory control, and that for purposes of registration, reporting, and taxation are treated the same way as a corporation. I don't know to what extent there are similar statutes in other states (and countries).

The Wyoming Trust provides minimal privacy and asset protection. Its advantages include that it's cheap, easy to set up, and can be used to open a bank account. It's appropriate for a resourceful person who wants to operate a business or activity that doesn't in itself attract undue attention. The user has to provide his or her own trustees.

If a Wyoming Trust is attacked or challenged by bureaucrats or a court, I suspect they will "beat" or "pierce" it without too much trouble. In other words, it's unlikely to stand up.

So you use the Wyoming Trust primarily for convenience. You never have any significant assets in it, or its bank account(s). In my experience the bank's legal department recognizes it as a "legal entity." So it's very useful to open up bank accounts with.

The Build Freedom Trust
The Build Freedom Trust is for free-enterprise entrepreneurs who want to establish and operate a real or true free-enterprise company completely outside any orthodox legal or political systems. The Build Freedom Trust is based on the Build Freedom Code. Its unit of account is the gram of gold. It can be used for a wide range of enterprises, ranging from a small home-based business to a large international holding company. It meets the requirements to be listed on the Free Market Share Exchange in Orange County, California, a voluntary free-enterprise institution. The Build Freedom Trust is designed to have any number of shareholders.

The "Build Freedom Shift" has been described as the shift of economic activities from the public and private sectors into the free-market sector. The Build Freedom Trust can be the ideal vehicle to shift some of your business activities into the real or true free market. A major international holding company, based in Pennsylvania has reorganized itself as a Build Freedom Trust and declared itself a "Build Freedom Territory."

Build Freedom Holdings, the company that owns and manages "Build Freedom Headquarters" is organized as a Build Freedom Trust. If you seek recognition or protection from legal or political systems other than those in Build Freedom you shouldn't use the Build Freedom Trust. Nevertheless, three trust experts, including an attorney, have indicated that the Build Freedom Trust is a very solid private contract because it's compatible with common law and it includes a private dispute resolution procedure. (Governments usually operate on the basis that they are a party to a contract, because it's their function to resolve disputes resulting from the contract. This is one of the reasons governments claim give them a right to intrude in the affairs of a contract. In the case of the Build Freedom Trust they can make no such claim. This also applies to the Pure Contract Trust.)

The Pure Contract Trust
The Pure Contract Trust is a superb method to increase your privacy and safeguard your assets. It is best described by outlining the 10 reports which make up the Pure Trust Package, which provides you with most of the information you need to decide whether the Pure Contract Trust is something you may want to use.

• PCT01: Introduction to Trusts
  A brief history of trusts. Why people use trusts. Benefits of trusts. Introduction to the Pure Contract Trust.
• PCT01A: Different Kinds of Trusts
  In addition to the Pure Contract Trust, Build Freedom also provides the Build Freedom Trust and the Wyoming Trust. This report explains the essential differences between these three kinds of trusts.
• PCT02: The Power of the Pure Contract Trust
  The Pure Contract Trust is a common-law constitutional entity not subject to statutory control or regulation. Its power stems from 6 main features:
  (a) Every aspect of it is backed by the U.S. Constitution, U.S. Supreme Court, and other court decisions;
  (b) It's not subject to statutory jurisdiction - report PCT05 describes how to defend against bureaucrats, using the Jurisdictional Challenge and other methods;
  (c) The sanctity of contract - described in report PCT08;
  (d) The sanctity of records - described in report PCT06;
  (e) The trustees are provided and are Sovereign Individuals as described on page 8;
  (f) The "embarrassing issue" principle - described below.
• PCT03: Privacy and Asset Protection
  Why you need privacy and asset protection; the Sovereign Individual paradigm; the right to contract; why corporations provide so little protection; overcoming ignorance and fear; probate costs and death taxes; the Pure Contract Trust and its advantages.
• PCT04: The Pure Contract Trust in a Nutshell
  The features and structure of the Pure Contract Trust; common-law vs. statutory jurisdiction; what you get for your money.
• PCT05: The Jurisdictional Challenge
  The power-message principle - in this context, messages that make bureaucrats leave you alone; important case law citations; the Constructive Notice form to use for the Jurisdictional Challenge.
• PCT06: The Sanctity of Records
  Analysis of the Hill v. Philpott case - if you voluntarily provide bureaucrats with records, you surrender your constitutional rights; if the bureaucrats forcibly seize your records, they are often prohibited from using these records against you, even if the records indicate what they might consider "crimes."
• PCT07: Understanding Common Law
  Analysis of the Hale v. Henkel case - the basic rights of the Sovereign Individual precede and are senior to the U.S. Constitution and the organization of the state; what you need to know about common law.
• PCT08: The Sanctity of Contract
  Analysis of the Dartmouth College v. Woodward case - Article I, Section 10 of the U.S. Constitution: "No state shall pass any law impairing the obligation of contracts."
• PCT09: Pure Contract Trust Questions and Answers
  More than 50 important questions and answers regarding the Pure Contract Trust.

The "Embarrassing Issue" Principle

There is a very powerful legal principle you can apply to reduce the risk of being attacked by government marauders. I call it "the embarrassing issue principle." I recently heard a story about a prosecutor saying to a judge, "But your honor! You can't allow this matter to be entered as evidence, because if you do, it'll destroy the judicial system!"

Suppose you operate some business or activity which is perfectly legitimate, but some bureaucrats don't like it, and they've passed some unconstitutional statute or regulation prohibiting it. Suppose you have taken a certain legal precaution such that if the government criminals haul you into court, they'll be unable to prevent you from bringing one or more "embarrassing issues" before the court. As soon as they discover your precaution, they may very well back down and leave you alone.

In 1993 government agents raided the free-enterprise bank of Anthony Hargis in Orange County, California. They illegally seized money, records, and computers. The contract Hargis has his clients sign, includes several "embarrassing issues." Hargis also submitted an "Affidavit of Truth," containing certain "embarrassing issues" to the appropriate government agencies. Earlier this year they returned everything they had seized.

Hargis told me that there are certain issues that make the bureaucrats tremble. They couldn't prosecute Hargis, because if they did, they would not have been able to prevent Hargis from introducing certain issues into court as evidence. The bureaucrats know that if these embarrassing issues are introduced in court, they will most likely lose. So they just back off completely.

The Pure Contract Trust contains in the contract itself eight of these embarrassing issues. If bureaucrats were to challenge the Pure Contract Trust in court, it would be virtually impossible for them to prevent these eight embarrassing issues from being raised in court.

The reason why this stratagem is possible is that certain "judicial irregularities" (to put it mildly - judicial fraud is more accurate!) were perpetrated in order to subvert the government system to its current degree of unconstitutional oppression. Many senior bureaucrats are aware of what has been done to subvert the system. They don't want the "judicial irregularities" exposed, because they know they can't defend them. So, in the case of Anthony Hargis's free-enterprise bank, they backed off completely with their tails between their legs, when their weak spots were challenged. Exactly the same is likely to happen if they try to attack the Pure Contract Trust.

Reports in this series:
#PCT01 - #PCT01A - #PCT02 - #PCT03 - #PCT04 - #PCT05 - #PCT06 - #PCT07 - #PCT07A - #PCT08 - #PCT09 - PCT-User Manual

Disclaimer - Copyright - Contact

Online: buildfreedom.org - terrorcrat.com - mind-trek.com