CFTC and Mason File Joint Motion to Stay Proceedings Implicating Mason’s Fifth Amendment Rights

22 May

Joint Motion for Stay of Proceedings Requiring Mason Participation

On May 20, 2013, the CFTC and Defendant James Mason filed a joint motion to temporarily stay all proceedings in the civil case requiring Mason’s participation until the criminal case against Mason is resolved (the “Joint Motion”). The initial statutory restraining order entered in the civil case compelled Mason to, among other things, prepare an accounting of his trading operations from July 2010 through present. Mason’s criminal defense attorneys have raised concerns that forcing Mason to provide such an accounting would violate Mason’s Fifth Amendment right against self-incrimination. The purpose of the Joint Motion is to allow the civil case to keep moving forward with the Receiver collecting assets, while ensuring Mason’s constitutional rights are preserved.

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16 Responses to “CFTC and Mason File Joint Motion to Stay Proceedings Implicating Mason’s Fifth Amendment Rights”

  1. Illana May 22, 2013 at 1:02 pm #

    Since when does Mason stealing of our money and misusing it become a constitutional right? I want to see a complete accounting of his trading activates and how he falsified our accounts.

    • Linda May 23, 2013 at 11:54 am #

      Do you know for sure that our accts. were falsified? I personally have not heard that. If you have any information about that I would appreciate your insight.

      • RM May 23, 2013 at 3:59 pm #

        Linda,
        James admitted to CFTC agents the accounts were false prior to his arrest.

        Read page 4, Para 13
        https://masonreceivership.files.wordpress.com/2013/04/criminalcomplaint2.pdf

      • Linda May 23, 2013 at 9:49 pm #

        I’ve never heard that. I’ve apparently kind of been left out of the loop!
        I will continue to pray that we get our money back.

        Thanks for the response – I really appreciate it

      • RM May 23, 2013 at 8:25 pm #

        The home page for the mason receivership’s site:
        https://masonreceivership.wordpress.com/
        has to date 10 case related documents which are sorted by release dates.

        Again, he fully admits to the misuse of our funds to purchase a variety of items not related to biz expenses. In his trading, he also admits to losing over $1M (maybe more, I don’t recall the exact amount).

    • Jon May 23, 2013 at 10:51 pm #

      I read the motion and it states that James is immune from discovery procedures or testifying against himself in the case. The defense motions are justified by several cases. It is his right as in all criminal cases not to testify against himself even in a murder case. This is basic to our constitution. We are innocent until proven guilty. If he does not have rights as an defendant then none of us will have rights either if we were arrested. Our Founding fathers put that clause in to protect the innocent as well as the guilty until they are found guilty in a court of law and not by a mob. So it is not his stealing that is defended but his right against testifying against himself.

      He is already being charged in the civil case for stealing and misusing the money.

      The Receivership posted James assets and property that he brought.

  2. Rob May 22, 2013 at 5:56 pm #

    Has he not already stated that he misused funds and falsified reports?

    • Linda May 23, 2013 at 3:07 pm #

      How are you finding out the info on the case? I’ve tried the receiver’s / lawyers web site?

      Thanks,
      Linda

  3. RM May 22, 2013 at 8:44 pm #

    Seems to me that Leo, the Secretary or Brandon, the Pres. of fxtah should be able to provide that information.

    • PantherFan May 23, 2013 at 5:19 pm #

      can you really believe anything that anyone who was involved with Mason says? If they (meaning this guy Leo and the 2 Brandon’s) were not involved or aware of his scams, they must have been totally out in left field!!!!

      • RM May 23, 2013 at 8:43 pm #

        Leo was the financial secretary. Brandon Y. compiled and posted the daily reports. Brandon S. was the Pres. of fxtah. They knew what was going down. If they didn’t they were as incompetent in their job functions as mason was in his trading. If what they say doesn’t add up, it will be obvious to the investigators and I’m sure they will also scrutinize responses from the other 3. My guess they will act ignorant and say daddy and brother-in-law did it all and keep them out of the loop.

  4. Gabe May 23, 2013 at 1:19 am #

    Always tends to amaze me that the perceived rights of the ‘alleged’ criminal are so highly protected over the definite rights of the confirmed victims. Guess it all comes down to that word ‘alleged’ doesn’t it.

    • Jon May 24, 2013 at 7:28 pm #

      Well, it has to do with constitutional law and the reason for the 5th amendment. In the revolutionary war, people were made to confess their crime that incriminated themselves. Sometimes innocent people would confess the crime to escape torture and thereby be punished unjustly. Furthermore, if we don’t protect the guilty, who will protect the innocent. The law is a neutral in its administration of justice so both the guilty and the innocent are protected equally. Also, it prevents interrogation before a lawyer is present. This too protects the innocent people.

      Miranda v. Arizona is the case for the right to remain silent.

  5. Illana May 27, 2013 at 3:12 pm #

    It seems that everyone Mason was involved with was someone he met in jail. The person who got me involved was in jail with Mason, and I did not know that when I signed up. I only found out about that later from the State Bureau of Investigation when the agent talked to me about the case.

    • Dragonheart May 29, 2013 at 9:21 pm #

      Dear Illana:
      How did you find out about this? Who was the person that told you this information. It would be interesting to see who was involved in jail with him.

      • Illana May 30, 2013 at 2:27 am #

        Special agent Joel W. Batchelor told me. He is with the NC Dept. of the Secretary of State.

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