When we create the AFV
and the money order, we are giving them permission for the Treasury department
to place our creation, i.e. AFV &
MO, under the rules of foreign coin, weights and measures, as established by
congress, Article 1, § 8: “To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures”. Our creations are foreign to the Government and even
more so to the democracy; but it also foreign to everyone else, as theirs is to
everyone of us non-government employees. Therefore, once we accepted the
presentment/statement/bill for value, they are to release the funds. Their
scripture allows for this as well. Consider that funds are not money, may not
even be FRNs, or even circulating notes. Funds are define as “a sum of money saved or made available for a
particular purpose, financial resources, a large stock or supply of something,
or an organization set up for the administration and management of a monetary
fund”. UCC § 3-602: “(a) Subject to
subsection (b), an instrument is paid to the extent payment is made (i) by or
on behalf of a party obliged to pay the instrument, and (ii) to a person
entitled to enforce the instrument. To the extent of the payment, the
obligation of the party obliged to pay the instrument is discharged even though
payment is made with knowledge of a claim to the instrument under Section 3-306
by another person.”
The Treasury has an obligation (Public Trust) as a
department of government serving the public (people) interest to the bank which
as a member of the Federal Reserve System that has a commercial obligation to
an account holder and a 3rd party who tendered the item in payment to tell them
that its not any good or its not going to be honored, even if they wanted to
keep it for prosecution or investigation. This is in effect what the directive
says the government will do if its no good.
Public: • of
or concerning the people as a whole: • open to or shared by all the people of
an area or country: • ordinary people in general; the community: in public in
view of other people: • ORIGIN late Middle English: from Old French, from Latin publicus, blend of poplicus ‘of the people’ (from populus ‘people’) and pubes ‘adult.’
They do not dishonor it in any way by return of the item or
the sending of any notice to that effect, or make request for additional
information or time for examination of the instrument, or given a statement of
explanation indicating the time frame for its review and settlement if it would
be an inordinately lengthy time as longer than 60 days to finish with it. The
instruments are being kept, held, and without return or dishonor, are accepted
as an obligation of the United States in the discharge and recovery of the
public debt as it makes claim on its face to be.
Put another way: If the bank had had to pay the item to
honor its customer agreement as if it had been a check, what would or could
the bank be trying to do with it to finally settle the account? The bank needs
to treat the Instrument tendered as an obligation of the United States to the
bank. The tender of these Instruments discharge the obligation of the debt for
which they are delivered and the payee becomes the new holder in due course and
collection agent on the Instruments.
Title 31 § 3335: Timely disbursement of
Federal funds
(a) Each head of an
executive agency (other than the Tennessee Valley Authority) shall, under such
regulations as the Secretary of the Treasury shall prescribe, provide for the
timely disbursement of Federal funds through cash, checks, electronic funds
transfer, or any other means identified by the Secretary.
(b) The Secretary may
collect from any executive agency which does not comply with subsection (a) a
charge in an amount the Secretary determines to be the cost to the general fund
of the Treasury caused by such noncompliance.
(c) The amounts of
charges collected from an executive agency under this section shall be
deposited in the Treasury and credited as miscellaneous receipts.
(d) Any charge
assessed by the Secretary under this section, to the maximum extent
practicable—
(1) shall be paid out
of appropriations available for executive agency operations; and
(2)
shall not be paid from amounts available for funding programs of an executive
agency.
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