Tunsill v. Bessent

Summary

The United States District Court for the District of Columbia dismisses Kafil Tunsill’s claims against Treasury Secretary Scott Bessent concerning the alleged redemption of Federal Reserve Notes under 12 U.S.C. § 411. The court holds that the claims are frivolous, that a trust cannot proceed in federal court without licensed counsel, that § 411 does not create a private right of action or promise conversion into a different form of money, and that the related Fifth Amendment and Bivens claims fail. The court grants the motion to dismiss, denies leave to amend as futile, grants the untimely opposition nunc pro tunc, and denies the joinder motion as moot.

Holdings

1. A trust, as an artificial entity, cannot proceed in federal court without licensed counsel; because Plaintiff did not appear to be a licensed attorney, dismissal was independently appropriate to the extent he brought the claims on behalf of the trust.
2. Section 411 does not provide a private right to demand conversion of Federal Reserve Notes into a more legitimate or different form of money. Federal Reserve Notes are themselves lawful money, and the statute does not promise the asserted convertibility.
3. Section 411 does not confer a private right of action on an individual plaintiff.
4. Plaintiff failed to state actionable Fifth Amendment due-process or Bivens claims because both claims depended on a nonexistent actionable right under § 411.

Questions Presented

1. Whether the complaint stated a plausible claim under 12 U.S.C. § 411 based on an alleged right to redeem Federal Reserve Notes into some different form of lawful money.
2. Whether the claims could proceed when Plaintiff purported to represent a trust without licensed counsel.
3. Whether Plaintiff stated a Fifth Amendment due-process claim or a Bivens claim based on the alleged rights under 12 U.S.C. § 411.
4. Whether leave to amend should be denied as futile.

Disposition

dismissed