The UCC Goes To Prison

Tim's dry wit makes the UCC seem far more appealing than I remember if from law school, and now a recent federal appeals decision makes me realize that I've got to start integrating more of the code into my First Amendment course.

In Jones v. Caruso, the Sixth Circuit declined to lift an injunction against a regulation that prohibited prisoners from receiving "UCC materials" in the mail.  What sort of penologicial interest could have prompted such a draconian measure?  Well, it appears that prisoners have been using the UCC as a way to harass law enforcement officers.  A prisoner in one case obtained a copyright of his name and then filed fraudulent liens against government officials who used his name without permission or compensation.  (it's not right, I  know, but it is clever) . . . 

Anyway, Tim, even if the court had dissolved the injunction, your work would have been protected under a worthwhile exception for "legal materials which set forth the statute or provide a scholarly legal analysis of the UCC."

-Kathleen A. Bergin

Comments

[Tim Zinnecker]

Prisoners unite! Stay strong! Let's put a copy of the UCC in every cell (right next to those Gideon Bibles)!

Filing "fraudulent" liens (or financing statements) against government officials is nothing new -- at least in Texas, where members of a certain organization have been known to file liens against our elected officials. (How long will it be before a disgruntled student slaps a lien on my assets?) Anyway, the UCC permits the "victim" to file a "correction statement" in the public records, telling his/her side of the story. The correction statement doesn't make the fraudulent filing disappear, however. See generally 9-518. For that, you'll probably have to seek a court order. Oh, and Texas has adopted a non-uniform amendment to address this concern, the effect of which may trigger prosecution under the Texas Penal Code. The non-uniform amendment reads in part:

(a) A person may not intentionally or knowingly present for filing or cause to be presented for filing a financing statement that the person knows:

(1) is forged;
(2) contains a material false statement; or
(3) is groundless.

(b) A person who violates Subsection (a) is liable to the owner of property covered by the financing statement for:

(1) the greater of $5,000 or the owner's actual damages;
(2) court costs; and
(3) reasonable attorney's fees.

(c) A person who violates Subsection (a) also may be prosecuted under Section 37.101, Penal Code.

See Texas Business and Commerce Code 9.5185.

It's a Saturday morning, not even 8:00 a.m., and I'm blogging about the UCC! Today will be a GREAT day!!!

Tim Zinnecker

[teresa Bugarin]

v 19-09 hi my name teresa i live san francisco ca bay area i found information about the about ucc redemption process is it true our birth certificate filing of a uniform commercial code has a value in the billions assigned to individuals i have relative in state prison i want to help him get out i need more information do i have go through nexus i need help fast teresa please E-mail ASP thank you

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