Following a bench trial, the circuit court convicted defendant, Anthony Lee Johnson-El, of forgery, MCL 750.248, uttering and publishing, MCL 750.249, and encumbering real property without lawful cause, MCL 600.2907a(2), based on an “Affidavit of Allodial Title” that he authored, signed, and recorded with the Wayne County Register of Deeds for a parcel of property in which he had no ownership or other interest. The prosecution presented sufficient evidence to establish that the affidavit was false and forged and that defendant was aware of the affidavit’s falsity when he authored and recorded it. We therefore affirm.
I. BACKGROUND
On July 21, 2010, defendant recorded an “Affidavit of Allodial Title” with the Wayne County Register of Deeds claiming an interest in real property located at 14503 Faust in Detroit. The affidavit stated that defendant owned the property, that its value was secured by a $100-billion bond, and that defendant was a secured party. Defendant claims allodial title because he is a “Washitaw Moor,” as indicated in his tribe-endorsed birth certificate provided to the circuit court. Although the United States Court of Appeals for the Sixth Circuit has called the Nation of Washitaw fictional, the Washitaw Moors apparently believe that all land in this country outside the 13 original colonies and Texas belongs to its members. Bybee v City of Paducah,
Defendant’s actions clouded the property’s title. The property’s true owner, Jesus Martin-Roman, was unable to redeem the property, which was then subject to a bank foreclosure, by attempting to sell it to an interested buyer to secure the funds necessary to satisfy the secured debt. When Martin-Roman’s real estate agent contacted defendant, defendant asserted his “property rights” and warned the agent not to close the sale or “I got their ass.”
II. SUFFICIENCY OF THE EVIDENCE
Defendant contends that the prosecutor failed to prove beyond a reasonable doubt that the affidavit was false or forged or that he filed the affidavit to harass or intimidate anyone. When reviewing challenges to the sufficiency of the evidence,
MCL 750.248(1) proscribes forgery as follows: “A person who falsely makes, alters, forges, or counterfeits a public record ... with intent to injure or defraud another person is guilty of a felony [.]” “The elements of the crime of forgery are: (1) an act which results in the false making or alteration of an instrument (which makes an instrument appear to be what it is not); and (2) a concurrent intent to defraud or injure. The key is that the writing itself is a lie.” People v Grable,
MCL 750.249 describes the crime of “uttering and publishing” as follows: “A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in [MCL 750.248] knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony[.]” “The elements of the crime of uttering and publishing a forged instrument are: (1) knowledge on the part of the accused that the instrument was false; (2) an intent to defraud; and (3) presentation of the forged instrument for payment.” Grable,
MCL 600.2907a(2) creates criminal liability for a person who unlawfully encumbers real property as follows: “A person who violates [MCL 565.25] by encumbering property through the recording of a document without lawful cause with the intent to harass or intimidate any person is guilty of a felony[.]” This is the criminal version of a slander-of-title tort.
The prosecution presented sufficient evidence from which the court could determine beyond a reasonable doubt that the affidavit was a false instrument. In the affidavit, defendant swore that he owned the property and had secured a $100 billion bond over the property. Yet, defendant admitted at trial that he never purchased the property or took ownership through an interest transferred by a previous owner or security-interest holder. Rather, defendant admitted that he drove past the property, saw that the windows were boarded up and the door was padlocked, and then decided to simply take the property as his own by authoring and recording the affidavit. This evidence supports the determinations that the affidavit was false, as required to establish that defendant committed forgery and uttering and publishing, and that defendant had no lawful cause to slander Martin-Roman’s title.
The prosecution also presented more than sufficient evidence that defendant intended to defraud, harass, or intimidate anyone holding an actual interest in the property. A fact-finder can infer a defendant’s intent to deceive from the evidence. People v Reigle,
The prosecution presented sufficient evidence that defendant uttered and published the affidavit
Contrary to defendant’s challenge on appeal, it is irrelevant that he did not actually know Martin-Roman at the time he filed the affidavit. One need not know the victim of his or her harassment, fraud, or forgery. Because defendant’s admitted scheme was to file affidavits of allodial title for properties that were being foreclosed upon, defendant at least knew that he was interfering with the interests of the properties’ original owners and the entities exercising their rights to foreclosure. Moreover, defendant exhibited his intent to harass or intimidate Martin-Roman personally when he threatened Martin-Roman’s real estate agent. This evidence more than adequately supported defendant’s convictions.
Affirmed.
Notes
The Washitaw Moors claim a mixture of Native American and African heritage and assert that they are a sovereign nation within the United States. See the Preamble and Article Seven of the Proof of Truth Claim: International Declaration of Washitaw Muurs Standing, October 17, 2009, available at <http://lawfortherecord.blogspot.com/2009/10/ international-declaration-of-washitaw_17.html> (accessed March 1, 2013).
The recording of a false mortgage or deed meets the requirements for uttering and publishing. See Perkins v People,