United States of America v. Reed

Gregory Allen Davis and Michel Howard Reed (defendants) were convicted of filing fake liens against two public officials. Davis and Reed were both members of an unrecognized Indian tribe called Little Shell Nation. Reed threatened a federal judge who would not dismiss drug charges against other members of the tribe. Later, when another federal judge, Daniel Hovland, would not dismiss weapons charges against Reed, Davis and Reed conspired to file a false lien on the judge that same day. Davis filed a financing statement electronically in Washington, D.C., against the United States District Court of North Dakota, federal judge Hovland, and Acting United States Attorney Lynn C. Jordheim as debtors. The statement’s description indicated that the lien was for $2,400,100.00 for default of Reed’s court case and $1,000,000.00 in silver for alleged copyright violations related to Reed’s name. The description further indicated the inclusion of all proceeds, fixtures, orders, accounts, and products. Further, the description cited various treaties, including the Treaty of 1778 and 1863 and the Royal Proclamation of King George 1763, among others. Because the financing statement was filed with the filing office electronically, it was accepted without review and became a public record immediately. A jury convicted Davis and Reed of violating 18 U.S.C. § 1521, which provides criminal penalties for anyone who files, in a public record, a false lien against the property of a federal public official because of the official’s performance of official duties, knowing the lien to be false. At trial, Hovland and Jordheim testified that they did not owe a debt to Davis. Evidence presented included a Notice of Default form in the amount of $3,400,000.00 that Reed had presented to the clerk of the court at Judge Hovland’s courthouse. Davis did not deny the evidence but argued that the United States (plaintiff) did not prove he violated § 1521 because his financing statement did not list any of the debtors’ property as collateral. After his conviction, Davis appealed.