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How to Recognize and Remedy an Unauthorized Financing Statement

BY Scott E. Reynolds
December 20, 2011

Recently, individuals including prison inmates and members of antigovernment groups ' some considered “domestic terrorists” by the Federal Bureau of Investigation ' have been utilizing the relaxed filing requirements of the Uniform Commercial Code (“UCC”), Article 9, to file and record false UCC-1 financing statements against individuals, companies and law enforcement officials. See www.fbi.gov, “Domestic Terrorism, The Sovereign Citizen Movement,” Apr. 13, 2010; Peter A. Crusco, “Combating Inmates' Use of Bogus UCC-1 Lien Notices,” N.Y. Law Journal, Apr. 26, 2011.

The filing of a bogus UCC-1 financing statement can disrupt an individual's or company's ability to obtain financing and cause the victim of the false lien scam to incur unnecessary expenses in order to clear the false lien. However, there are ways to recognize the false UCC-1 financing statement scheme and minimize the disruption and expense caused by bogus UCC-1 financing statements.

Often, the lien-filing scheme works like this: The victim receives in the mail a document, appearing to be the ramblings and bizarre accusations of an unstable individual, often styled as a “claim for injury,” “claim for damages” or “demand for restitution.” No matter the title, however, virtually each of the “claims” or “demands” requests that the victim provide the author with monetary compensation within a fixed time period to remediate some purported harm sustained by the author. The accusations of wrongdoing may include allegedly unauthorized legal action taken by a judge or law enforcement officer or an assertion that the author suffered personal injuries while on the premises of the recipient's business.

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