PRELLE v. OFFICE OF FOREIGN ASSETS CONTROL, (OFAC)

CourtDistrict Court, E.D. Pennsylvania
DecidedJune 4, 2025
Docket2:25-cv-02589
StatusUnknown

This text of PRELLE v. OFFICE OF FOREIGN ASSETS CONTROL, (OFAC) (PRELLE v. OFFICE OF FOREIGN ASSETS CONTROL, (OFAC)) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PRELLE v. OFFICE OF FOREIGN ASSETS CONTROL, (OFAC), (E.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ARTHUR SCOTT PRELLE : CIVIL ACTION

v. NO. 25-2589 OFFICE OF FOREIGN ASSETS CONTROL, (OFAC), U.S. : DEPARTMENT OF THE TREASURY, . PAMELA BONDI .

MEMORANDUM KEARNEY, J. June 4, 2025 Arthur Scott Prelle views himself as a sovereign who repeatedly files cases based on a sovereign citizen redemptionist theory always rejected by federal courts. He returns six months after we dismissed his earlier frivolous claim his birth certificate is a contract between him and the United States and his birth state of New Jersey creating a trust account which entitled him to an accounting, other equitable relief, and damages nearly sixty years after his birth. We dismissed six iterations of pleadings in two separate actions based on Mr. Prelle’s sovereign citizen redemptionist theory. And colleagues in New Jersey and our Court of Appeals repeatedly dismiss his same theories. We explained six months ago we lacked jurisdiction over Mr. Prelle’s claims for money damages against the United States, its officers, and departments and dismissed claims for equitable relief based on a fictitious contract. Mr. Prelle returns seeking equitable and “constitutional” relief claiming federal actors’ “wrongful retention of his original wet ink” birth certificate. We granted leave to proceed without paying the filing fees due to his sworn pauper status. We again dismiss his unmoored allegations consistent with our screening obligations. We dismiss his claims with prejudice as an amendment based on his “original wet ink” birth certificate theory is futile.

I. Alleged pro se facts Mr. Prelle alleges his parents gave his original 1967 birth certificate to a physician shortly after his birth in New Jersey.' The physician in turn “transferred” the birth certificate to an unnamed “entity” without Mr. Prelle’s parents’ “informed consent” causing the State of New Jersey to “create a public legal fiction” of the infant Mr. Prelle in all capital letters (“ARTHUR SCOTT PRELLE”).” Mr. Prelle alleges his parents had and he has a constitutionally protected property interest, and equitable interest, in his original birth certificate.? In March 2016, the United States Department of State issued an “Authentication Certificate” of an unidentified document.’ The State of New Jersey has a “carbon copy” of Mr. Prelle’s birth certificate.° Mr. Prelle now seeks the “original wet ink signature document” of his birth certificate which he believes is in the possession of the United States Office of Foreign Asset Control, the United States Department of Treasury, the United States Department of Justice, and/or the United States Attorney General Pam Bondi. He demanded his “original wet ink” birth certificate from the United States Office of Foreign Assets on December 7, 2024 and from Attorney General Bondi on March 3, 2025 which “Defendants” collectively “failed to honor.’”® II. Analysis Mr. Prelle sues federal agencies and officials under the Trading with the Enemy Act, the Emergency Banking Act, the Fifth Amendment’s due process clause, and the Privacy Act of 1974, and seeks a declaratory judgment against the United States, the imposition of a constructive trust for his original wet ink birth certificate, injunctive relief, appointment of a receiver, and equitable accounting. We dismiss Mr. Prelle’s claims with prejudice as frivolous.

Congress requires we screen Mr. Prelle’s allegations relying on sworn representations of indigence leading us to grant him leave to proceed without paying filing fees.’ We must dismiss Mr. Prelle’s Complaint before issuing summons if his claims are frivolous or malicious, if he does not state a claim on which relief may be granted, or if he seeks monetary relief against a defendant immune from such relief.’ Our screening obligations under Congress’s mandate require we dismiss Mr. Prelle’s claims as frivolous under section 1915(e)(2)(B)(i).° “To be frivolous, a claim must rely on an ‘indisputably meritless legal theory’ or a ‘clearly baseless’ or ‘fantastic or delusional’ factual scenario.””!® Congress through section 1915(e)(2)(B)(i) vests us with “the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.”!! We are mindful of our “obligation to liberally construe” Mr. Prelle’s pro se complaint.'? Mr. Prelle invokes our jurisdiction under the Trading with the Enemy Act of 1917 and its implementing regulations, authorizing our review of the Office of Foreign Assets Control’s alleged retention and seizure of his original “wet ink” birth certificate.!? He also invokes our jurisdiction under Article III, section 2, clause 1 of the Constitution granting judicial power over controversies to which the United States is a party.'4 Mr. Prelle’s claims again appear to be based on a sovereign citizen redemption theory.'> As Judge Sweeney of the United States Court of Federal Claims explained, the sovereign citizen redemption theory includes a belief when the United States went off the gold standard in 1933, United States citizens “were ‘pledged’ as collateral for the national debt” evidenced by either their birth certificate or social security numbers creating two identities: “a real ‘private’ individual and a fictional ‘public’ person” (sometimes in all capital letters) resulting in “access to a trust fund held in the fictional person’s name at the U[nited] S[tates] Treasury.”!®

Mr. Prelle alleges the United States, specifically the Office of Foreign Assets Control (within the Treasury Department), the Treasury Department, and possibly the Justice Department and Attorney General Bondi “assumed custody,” improperly retained, and/or “seized” his original “wet ink” birth certificate through Executive Order No. 6102, the Emergency Banking Act of 1933, and/or Trading with the Enemy Act of 1917, which Mr. Prelle believes vested the President of the United States and agencies in the Executive branch “broad powers during national emergencies to regulate transactions and seize assets,” including his birth certificate.!’ We already dismissed Mr. Prelle’s claims his birth certificate is a contract between him, New Jersey, and the United States, noting the United States Court of Appeals for the Federal Circuit routinely dismisses sovereign citizen claims based on birth certificates as frivolous.!® He returns with the same theory, again seeking equitable relief based on the redemptionist birth certificate theory he demanded from the United States Mint, its officer, the Department of the Treasury, the United States, and the State of New Jersey. He simply shifts his theory to sue the Office of Foreign Assets Control, the Department of Treasury, the Department of Justice, and Attorney General Bondi with no plausible allegations or plausible legal theory. Every federal court addressing sovereign citizen claims invoking redemption of a trust account based on a birth certificate or social security number have dismissed claims as invalid and frivolous.'? Mr. Prelle’s claims under the Trading with the Enemy Act, the Privacy Act, and the Due Process clause of the Fifth Amendment seeking injunctive and declaratory relief as well as equitable remedies we already dismissed in Prelle v. U.S. Mint, are not plausible.*° We dismiss his complaint with prejudice as an amendment based on the return of his original “wet ink” birth certificate as frivolous.”!

III. Conclusion Mr. Prelle’s latest sovereign citizen pro se complaint is plainly frivolous. We dismiss his case with prejudice.

1 ECF 2 9§ 12-13. 2 Id. We heard and dismissed all this before. Mr. Prelle sued himself in all capital letters ten years ago asking we impose a trust based on his birth certificate. Prelle v. Prelle, No. 16-3723.

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Bluebook (online)
PRELLE v. OFFICE OF FOREIGN ASSETS CONTROL, (OFAC), Counsel Stack Legal Research, https://law.counselstack.com/opinion/prelle-v-office-of-foreign-assets-control-ofac-paed-2025.