JOHN & RHETTA SWEENEY
24 Meyer Lane
Hamilton, MA 01982
508-468-1536
508-468-4428 (fax)
E-MAIL jsweeney@star.net
INTERNET http://www.qui-tam.com/

MEMORANDUM

BY FAX:
January 14, 1998

TO:   FDIC BOARD OF DIRECTORS
    Chairman Andrew C. Hove Jr. 202-898-3772
    Joseph H. Neely 202-898-3500
    Eugene A. Ludwig, Comptroller of Currency 202-874-4950
    Ellen Seidman. Director Office of Thrift Supervision 202-898-0230

FROM:        John and Rhetta Sweeney

SUBJECT:    Sweeney Settlement
                Massachusetts Constitution
                U.S. Constitution

        Please have this letter serve as a further proposal of settlement.
        
        We have been advised by counsel that it is appropriate and necessary that the valid state court record be reestablished and we have instructed our lawyers to proceed immediately to do so.

        We propose that upon satisfaction of the state court judgment, the FDIC maximum demand of $637,000 payment on the note, in return for release of both properties, will be paid to the FDIC. It is important that you be aware that the "note" is not the issue, but rather the surrounding criminal violations which resulted in the unlawful taking of our state court records and the concealment of our state court judgment by the ComFed law firm Hanify & King; and subsequently the auction and taking title of our properties by RTC/FDIC counsel, Nutter, McClennen & Fish.

        In support of these efforts please note our state rights under Massachusetts Law, specifically the Massachusetts Constitution, and the U. S. Constitution, and the U. S. Supreme Court, where state rights apply. Please see attached – our letter to Governor Cellucci dated today, January 14, 1998.

        In addition, please have this letter serve as a reaffirmation of our request to continue mediation efforts by way of meetings at your Washington offices. The Right Rev. Mark Dyer and Senator Bruce Tarr of Massachusetts, who have been members of our mediation team, are available to support these efforts.

        Because many of the issues which we presented to acting mediator, Judge David Mazzone, were never addressed, we believe that he terminated mediation efforts prematurely on December 29, 1997.

        MASSACHUSETTS CONSTITUTION, U. S. CONSTITUTION, AND U. S. SUPREME COURT provides the following protection of our rights:

        Pursuant to Massachusetts Constitution Articles IV, V, VII, X, XXIX, and Amendment, Article LIV, and the U. S. Constitution.

        Note Supremacy Clause, Article VI, Sections 2 and 3.

. . .and "Further explanation and evidence of the independence of the State Executive from federal law is found in the recent Supreme Court case, Printz v. United States, 65 LW 4731 (June 24, 1997). "These early laws establish, at most, that the Constitution was originally understood to permit imposition of an obligation on state judges to enforce federal prescriptions, insofar as those prescriptions related to matters appropriate for the judicial power." Id. At 4733. "Not only do the enactments of the early Congresses, as far as we are aware, contain no evidence of an assumption that the Federal Government may command the State's executive power in the absence of a particularized constitutional authorization, they contain some indication of precisely the opposite." At 4734. "The Constitution thus contemplates that a State's government will represent and remain accountable to its own citizens." At 4737. Emphasis added. Other references passim."

        As you know, we have also requested that District Attorney Burke prosecute the individuals who knowingly, without authority, took our original state court records, including the $4 million judgment and concealed the document for 26 days in the law offices of Hanify & King. Tampering and Concealment of Court records, as you know, is a criminal violation. In addition, no subject matter federal jurisdiction could have been gained by those actions. NOTE: The U. S. District Court for the District of Massachusetts does not have jurisdiction of our case. Therefore, the orders of possession issued by Judge Harrington and submitted to the U. S. Marshal office as a basis for seizure of our properties are invalid.

        Thank you for your immediate and continued assistance in this matter.

          Very truly yours,


          John & Rhetta Sweeney

cc:    Nancy McGillivray 617-223-4737
        Governor Paul Cellucci 617-727-9725
        Senator Bruce Tarr 617-722-1310
        A. Kevin Burke 978-741-4971
        Attorney General Janet Reno 202-514-4371