By Mark Prince
Over the last six years, 83 "lease to own agreements" were issued by the Virginia Resources Authority (VRA) to local governments throughout Virginia. These agreements totaled $1.1 billion and were financed over 30 years with foreign banks. The two primary banks are Suntrust Bank and U.S. Bank National Association. Both are foreign corporations.
These contracts used bonds issued by the VRA, a state financial clearinghouse, and purchased by the banks to fund "capital improvement" projects as stated in the contracts. a
The Shenandoah County Board of Supervisors is using your tax dollars to pay for the new courthouse and the Social Services building under this lease-to-own scheme. Lease to own schemes were found to be a type of debt in a Virginia attorney general's opinion in 1970-71, and a debt requires a referendum in order for Shenandoah County officers to legally sell this type of obligation.
The Virginia Constitution, in Article X Section 10, additionally limits the VRA to insure and guarantee loans to finance "industrial" projects only.
The VRA is issuing these contracts for capital improvement projects, thereby
making these obligations unconstitutional or unlawful, and the officers of
the commonwealth (VRA and local governments) are not lawfully able to sell
The Virginia False Claims Act is used to stop false claims filed against the
taxpayers, or to protect the taxpayer from paying taxes on something that is
not legal. The act is tripped when a person, or in this case, the bank, purchases the obligation from an officer of the commonwealth who lawfully was not able to sell the obligation. One of the stipulations to the act is that the bank must have knowledge that the obligation is not lawful or the bank acts in deliberate ignorance of the truth; or acts in reckless disregard of the truth. You do not have to prove specific intent of the bank to defraud the taxpayer.
The Virginia Supreme Court has instructed the courts on how to interpret the
constitution and laws. The Supreme Court justices stated in the case of South Hill vs. Allen, "To get at the thought or meaning expressed in a statute, a contract or a constitution, the first resort, in all cases, is to the natural signification of the words, in the order of grammatical arrangement in which the framers of the instrument have placed them. If the words convey a definite meaning which involves no absurdity, nor any contradiction of other parts of the instrument, then that meaning, apparent on the face of the instrument, must be accepted, and neither the courts nor the legislature have the right to add to it or take from it."
The Virginia False Claims Act is found in Virginia Code Section 8.01-216.3 and it is very clear that these obligations were not legally incurred and these foreign banks, like Virginia citizens, are responsible for knowing what is placed in the Virginia Constitution and cannot use ignorance as a basis to extract itself from the lawsuit I have filed against Suntrust Bank and U.S. Bank National Association.
The VRA and Shenandoah County Board of Supervisors violated the constitution
and the court must therefore allow this case to proceed to a jury where,
according to our founding fathers, "true justice resides." Written by
George Mason, the Declaration of Rights, later to become the Bill of Rights,
was adopted by the Virginia Constitutional Convention in 1776 and contained
the following: Section 11. "That in controversies respecting property, and in
suits between man and man, the ancient trial by jury is preferable to any
other and ought to be held sacred."
These 83 "lease to own" contracts have nullified your right to vote in a
referendum because they can and have issued these obligations for all types
of projects violating the Virginia Constitution! This right to vote is
exclusively given to each citizen by Article VII Section 10 of the Virginia
Constitution. I am fighting for your right to vote or say where your tax
dollar goes, and we should have the right to have a trial by jury. This is
one violation of many that are defined in my amended fraud against taxpayers
suits that I have filed.
Mark W. Prince is a Toms Brook resident.