MWR Civil Rico commenced in 2003
Three Year Civil Rico timeline for MWR commenced back in 2003 when Brent Johnson met with Bob Morris (Bullion Monarch) and was told he had met Mike Fitzgerald at the Carlin Trend. Brent Johnson obtained key affidavits and evidence connecting ABX with Fitzgerald back between 2003-2007 after that meeting in Elko, Nevada.
Poor research by Brent Johnson because MWR never obtained the evidence connecting Fitzgerald/Ranspot to ABX, even though the ATLAS Corporation (Ranspot’s employer) Polaris Claims came from an assignment to Kerr-McGee, which information was stolen by Fitzgerald back in the 1960s while employed by Kerr-McGee. In 1974 Fitzgerald staked the SJ Claims for himself, which eventually were sold to ABX. MWR never knew of the 1989 Ranspot v. Barrick Goldstrike litigation until after the death of Fitzgerald.
Why failure? Poor PI/attorney investigative work in the US Court system.
MWR has zero rights against anything of Mike Fitzgerald and Harry Ranspot, all alone in the US Courts, based on the Dismissal of their litigation against Ranspot and Fitzgerald back in 1999.
In April, 2008 Tronox Worldwide LLC filed a Nevada complaint against Mike Fitzgerald based on evidence shared between MWR and Tronox (Kerr-McGee) since 1999. A Trial Date was set for March 28, 2011. There was NO TRIAL. Tronox dismissed the case with prejudice in September, 2010 and terminated any rights MWR had in that Nevada Case. The Washington Probate case dismissed Tronox based on their actions in the Nevada case.
Securities Fraud: MWR deliberately didn’t disclose to TSX or any Canadian Regulatory Entity of this agreement because they were told by US attorneys and Dale Wunderlich (PI), they had no rights because of res judicata: (Latin, A thing adjudged.) A rule that a final judgment on the merits by a court having jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit. The U.S. legal system places a high value on allowing a party to litigate a civil lawsuit for money damages only once. U.S. courts employ the rule of res judicata to prevent a dissatisfied party from trying to litigate the issue a second time.
The Documents I recently filed in the Washington Probate Case qualify as Newly Discovered Evidence for me and not MWR because their rights were dismissed in 1999 in Canada. The documents could have been obtained by MWR because of the address change of Mike and Marisa Fitzgerald to Tucson, Arizona back in 1998. Or the evidence could have been discovered by Dale Wunderlich between 2006 – April, 2008 as the agent for Tronox.
NEWLY DISCOVERED EVIDENCE: That evidence which, after diligent search for it, was not discovered until after the trial of a cause. MWR had three years after their final appeal in Canada (2005) to claim civil rico. In general a new trial will be granted on the ground that new, important, and material evidence has been discovered since the trial of the cause. But this rule must be received with the following qualifications: 1. When the evidence is merely cumulative, it is not sufficient ground for a new trial. 2. When the evidence is not material. 3. The evidence must be discovered after the trial, for if it be known before the verdict has been rendered it is not newly discovered. 4. The evidence must be such that the party could not by due diligence have discovered it before trial.
https://www.lectlaw.com/def2/n054.htm