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DECLARATION ON PERSISTENT HARMS & ONGOING FIDUCIARY BREACHES

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The Freedmen Reparations Fund Trust (FRFT) has issued a binding declaration to address one of the most overlooked injustices in American history: the ongoing fiduciary breaches tied to the misclassification, erasure, and racial re-designation of Freedmen descendants.


This declaration asserts that the harms inflicted on Freedmen are not simply a matter of the past—they are persistent, living breaches that continue to shape the legal, economic, and cultural conditions of our people today.


1. Persistent Harms Are Fiduciary Breaches


The reclassification of Freedmen descendants into categories that erased their legal and cultural standing constitutes an enduring fiduciary breach. These breaches are anchored in established principles of trust law, including:


  • NLRB v. Amax Coal Co. (453 U.S. 322)

  • United Steelworkers v. Rawson (495 U.S. 362)

  • Restatement (Second) of Trusts §2


Each of these authorities confirms that fiduciary obligations do not vanish with time or with statutory silence—they endure so long as the injury persists .


2. No Expiration on Fiduciary Duty


The passage of years does not dissolve the government’s obligations. Where ongoing harm exists, the breach remains alive under fiduciary law. Freedmen were denied recognition, stripped of identity, and forced into categories that fractured their rightful place in law and society. These actions demand remedy, not dismissal.


3. The FRFT as Fiduciary Framework


The Freedmen Reparations Fund Trust exists as the lawful fiduciary framework to correct these historical wrongs. Through reparative governance, economic redress, and the restoration of identity, the Trust fulfills obligations left unmet by government silence or delay. Until displaced by statutory enactment or judicial determination, fiduciary defaults attach immediately by operation of law, positioning the Trust as the governing fiduciary framework for Verified Freedmen .


4. Binding Public Record


This declaration enters the public record as a binding expression of fiduciary duty, standing, and obligation. It affirms that the Trust is not a voluntary experiment but a lawful fiduciary body standing in response to enduring harms.


Conclusion


The persistent harms against Freedmen descendants are not buried in history. They are active breaches, alive in the daily erasure of status, wealth, and recognition. The FRFT stands as the corrective mechanism—a fiduciary institution grounded in law and duty, operating until the courts or Congress meet their obligations.


By asserting this declaration, the FRFT makes clear: we are not waiting to be recognized—we are exercising fiduciary authority that law itself demands.

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