Saturday, June 30, 2012

WAS BUSH SO BAD?


Why Bush was so bad at the end of his term.


The other side of the story


This tells the story, why Bush was so bad at the end of his term.


Some people aren't aware of all of this. Don't just skim over this, please read it slowly and let it sink in. If in doubt, check it out.


The day the democrats took over was not January 22nd 2009, it was actually January 3, 2007... the day the Democrats took over the House of                           Representatives and the Senate, at the very start of                           the 110th Congress.


The Democrat Party controlled a majority in both chambers for the first time since the end of the 103rd Congress in 1995.


For those who are listening to the liberals propagating the fallacy that everything is                           "Bush's Fault", think about this:
January 3rd, 2007 was the day the Democrats took over the Senate and the Congress. At the time:


The DOW Jones closed at12,621.77
The GDP for the previous quarter was 3.5%
The Unemployment rate was 4.6%
George Bush's Economic policies SET A RECORD of 52 STRAIGHT MONTHS of JOB GROWTH
Remember the day...


January 3rd, 2007 was the day that                           Barney Frank took over the House Financial Services Committee and Chris Dodd took over the Senate Banking Committee.


The economic meltdown that happened 15 months later was in what part of the economy?
BANKING AND FINANCIAL                           SERVICES!


Unemployment... to this CRISIS by                           (among MANY other things) dumping 5-6 TRILLION Dollars of toxic loans on the economy from YOUR Fannie Mae and Freddie Mac FIASCOES!


Bush asked Congress 17 TIMES to stop Fannie & Freddie - starting in 2001 because it was financially risky for the US economy.


And who took the THIRD highest pay-off                           from Fannie Mae AND Freddie Mac? OBAMA
And who fought against reform of Fannie and Freddie?
OBAMA and the Democrat Congress
So when someone tries to blame Bush..


REMEMBER JANUARY 3rd,                           2007.... THE DAY THE DEMOCRATS TOOK OVER!"
Budgets do not come from the White House. They come from Congress, and the party that                           controlled Congress since January 2007 is the Democrat Party.


Furthermore, the Democrats controlled                           the budget process for 2008 & 2009 as well as 2010                           & 2011.
In that first year, they had to contend with George Bush, which caused them to compromise on spending, when Bush somewhat                           belatedly got tough on spending increases.


For 2009 though, Nancy Pelosi & Harry Reid bypassed George Bush entirely, passing continuing resolutions to keep government running until Barack Obama could take office. At that time, they passed a massive omnibus spending bill to complete the 2009                           budgets.


And where was Barack Obama during this                           time? He was a member of that very Congress that                           passed all of these massive spending bills, and he                           signed the omnibus bill as President to complete                           2009.


If the Democrats inherited any deficit,                           it was the 2007 deficit, the last of the Republican                           budgets. That deficit was the lowest in five years, and the fourth straight decline in deficit spending. After that, Democrats in Congress took control of spending, and that includes Barack Obama, who voted for the budgets.


If Obama inherited anything, he inherited it from                           himself. In a nutshell, what Obama is saying is                           "I inherited a deficit that I voted for and then I voted to expand that deficit four-fold since January                           20th."


There is no way this will be widely publicized unless each of us sends it on!

Friday, June 29, 2012

CORPORATIONS CANNOT COMMIT A CRIME


CORPORATIONS CANNOT COMMITT A CRIME

The United States government has shown this distinction in the capitalization of the names of organized bodies in the 1984 USGPO Style Manual. Organized bodies are legal entities, which are organizations or associations recognized in law as an entity apart from the individual members. [ Ballantine's Law Dictionary, 3rd Ed., p. 719, 'Legal entity' (1969).]

Names of organized bodies

3.17. The full names of existing or proposed organized bodies and their shortened names are capitalized; other substitutes, which are most often regarded as common nouns, are capitalizedonly in certain specified instances to indicate preeminence or distinction.

U.S. Government Printing Office Style Manual, p. 25, 'Capitalization Rules,' (1984).

See also U.S. Government Printing Office Style Manual, p. 30 (2008)

Below is taken from 14a C.J. §§3024-3025

"A Corporation can not in one sense commit a crime--a Corporation cannot be imprisoned if imprisonment be the sentence for the crime; [U.S. v. Union Supply Co., 215 U.S. S. 50, 55, 30 SCt 15, 64 L. ed. 87; U.S. v. Pacific Live Stock Co., 192 Fed. 443 (foll U.S. v. Union Supply Co., 215 U.S. 50, 30 SCt 15, 54 L. ed. 87); Com. V. Pulaski County Agricultural, etc., Assoc., 92 Ky. 197, 17 SW 442, 13 KyL 468. "The natural inference, when a statue prescribes to independent penalties, is that it means to inflict them so far as they can, and that if one of them is impossible, it does not mean on that account to let the defendant escape."  U.S. v. Union Supply Co., supra.]  A Corporation cannot be hanged or put to death if that be the punishment for the crime; and so, in those senses a Corporation cannot commit a crime.  But a Corporation may be fined, and a Corporation may pay damages."  Pharmaceutical Soc. v. London, etc., Supply Assoc., 5 App. Cas. 857, 869 (per Lord Blackburn).

In support of this doctrine it was said by Lord Denman: "we are told that this remedy is not required, because the individuals who concur and voting the order or inexecuting the work, may be made answerable for it by criminal proceedings.  Of this there is no doubt.  But the public knows nothing of the former; and the latter, if they can be identified, are commonly persons of the lowest rank, wholly incompetent to make any reparation for the injury.  There can be no effectual means for deterring from and oppress of exercise of power for the purposes of gain except the remedy by an indictment against those who truly committed, that is, the Corporation acting by its majority: and there is no principle which places them beyond the reach of the law for such proceedings."

"While the Corporation has no arms or hands by which is self to commit a penal offense, still they can employ servants and agents who acts are the acts of the Corporation and who can and do, in its behalf and at its behest, violate the criminal law."

Below is shows that if it is not an organized body (trust, corporation, partnership or some other entity) but a man then the pleading is to have the proper Christian name:

Defendant was impleaded by the name of A. W. Becker. Initials are no legal part of a name, the authorities holding the full Christian name to be essential.Wilson v. Shannon, 6 Ark. 196; Norris v. Graves, 4 Strob. 32; Seely v. Boon, 1 N.J.Law 138; Chappell v. Proctor, Harp. S.C. (Law) 49; Kinnersley v. Knott, 7 C.B. 980; Turner v. Fitt, 3 C.B. 701; Oakley v. Pegler, 46 N.W. 920; Knox v. Starks, 4 Minn. 20; Kenyon v. Semon, 45 N.W. 10; Beggs v. Wellman, 82 Ala. 391; Nash v. Collier, 5 Dowl. & L. 341; Fewlass v. Abbott, 28 Mich. 270. This loose method of pleading is not one to be commended, but, as no advantage was taken of it in the court below, it will not be considered here.  Monroe Cattle Co. v. Becker, 147 U.S. 47, 58.

Friday, June 22, 2012

Clever!


Clever Bunch, these Spaniards!


The Spanish may not be the world power they were                   prior to 1588, but they still have some good                   ideas!


A man is buried a dead pig. Make sure you read                   the explanation at the bottom.


In Seville Spain , local people found a way to stop                   the construction of another mosque in their town. They buried a pig on the site, and made sure this would be known by the local press.


The Islamic rules forbid the erecting of a                   Mosque on "pig soiled ground." The Muslims had to cancel the project. This land was sold to them by government officials. 


No protests were needed by the local people ... and                   it worked!


PEOPLE IN USA , CANADA & THE UK NEED TO TAKE A LESSON FROM THE SPANIARDS!

SUE THE IRS TO COLLECT WHAT IS DUE...


From: Legalbear
Reply-To: "tips_and_tricks@yahoogroups.com"
Date: Sunday, June 3, 2012 6:19 PM
To: "tips_and_tricks@yahoogroups.com"
Subject: [tips_and_tricks] Giving the IRS an Attitude Adjustment




After § 7433 Suit Filed, IRS Attitude Changes for the Better:


I’m kind of excited. I just got word of what appeared to be a total change of heart by the IRS after receiving a final notice of intent to sue followed by the actual filing of a suit under 26 U.S.C. § 7433. 


The IRS had made this couple promises and was not keeping them. When the couple started taking the IRS to task for not keeping the promises they gave them still more runaround. This is such a typical story that I hear all the time.


The couple had already sent a notice of intent to sue based on § 7433. But, when the couple sent a final warning that they intended to file suit and then actually did file the suit, the IRS had change of heart and became kinder and more gentle. They began to leave polite messages on the voice mail and seemed to become very sincere about correcting the errors. It appeared that they were concerned that their actions had resulted in the suit being filed and inquired about the status of the suit. 


Beneficial Features of Section 7433:


As you may recall, 26 U.S.C. § 7433(a) provides: 


If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregards any provision of this title, or any regulation promulgated under this title, such taxpayer[1] may bring a civil action for damages against the United States in a district court of the United States.


But, subsection (d) provides limitations:




(1) A judgment for damages shall not be awarded under subsection (b) unless the court determines that the plaintiff has exhausted the administrative remedies…


As some of you know, I’ve been a proponent of using the exhaustion requirement to our advantage. 26 CFR 301.7433-1(e) provides: 


An administrative claim…shall be sent in writing to the Area Director, Attn: Compliance Technical Support Manager of the area in which the taxpayer currently resides.


Administrative Claim Letter Success:


Letters sent in compliance with this provision have met with some success. 


In all, I am aware of seven instances where levees were released after one of these letters was sent. 


I had always said that there was a possibility that somebody would get a check as a result of these letters. A while back that actually happened. Somebody combined my lien and levy research in their letter and got a check back for over $6000 of wrongfully levied funds from the IRS.


Government Does Not Want More Litigation:


I recently got some additional insight as to the distastefulness of litigation to the government when I read the book The Price of Loyalty by Ron Suskind, Simon & Schuster Paperbacks, 2004. The book is about Paul O’Neill’s 1.5 year stint as Secretary of the Treasury. He was trying to make some changes in the ways that executives of corporations were treated. The results will become self-evident as you read:


On page 225:


Shifting the standard to negligence is a huge problem, the SEC chairman said. We just can’t go there. There’s no doubt that we have to prevent gaming the system. But we need a high standard, otherwise we’ll be overwhelmed with litigation.


On page 230:


Three days later, a story ran in the Wall Street Journal about O’Neill’s position on corporate governance and his desire to lift the standard from recklessness to simple negligence. It mentioned that Pitt and Hubbard were against the new standard, “concerned that no matter how it was crafted it will lead to more lawsuits.”


At page 233:


Many of the CEOs seemed to have consulted already with their chief counsels. The one thing they didn’t want was even the slightest uptick in litigation.


At page 239:


The move from recklessness to negligence was dropped for fear it would invite a wave of lawsuits. O’Neill and Greenspan were discouraged. A single issue for the corporate crowd—fear of lawsuits—carried the day, O’Neill said, his outrage boiling over.


So, big corporations and big government, with all of their attorneys and resources, as I suspected, do not want more litigation. An administrative claim for damages, or notice of intent to sue, gives us an opportunity to take advantage of the government’s distaste for litigation. 


Success after the Suit has been Filed:


There have been reports of no results from administrative claim letters, but, after hearing about the results described in the first paragraph of this e-mail, it got me to thinking about the results I found in the case law after the suit was filed; for example: 


1) Mrs. Shaw received a refund of all the money collected, and the remaining tax liability was abated.  Shaw v. U.S., Fifth Circuit.  


2) After filing one of these suits, the government dismissed the criminal action against the 7433 plaintiff.  Fishburn v. Brown, Sixth Circuit, 1997.  


3) After filing one of these suits, the IRS returned a seized Cadillac.  Washington v. U.S., Ninth Circuit, 1992.  FE


4) After filing one of these suits, the plaintiff's tax liability "was resolved in the plaintiff's favor in tax court.  Templeman v. U.S., First Circuit, 1994.  


5) After filing one of these suits, an injunction restricting state court filings was vacated.  Templeman v. U.S., First Circuit, 1994. 


6) After filing one of these suits, improperly levied funds were returned.  Raymond v. U.S., Sixth Circuit, 1993. 


7) After filing one of these suits, the government conceded that an assessment was erroneous and released its liens.  Miller v. U.S. (N.D. Cal. 1992). 


8) The government provided the forms during the litigation that they had previously refused to. Ball v. U.S., No. 94-2125 (7th Cir. 1995). 




It Is Possible to Win Damages off a Section 7433 Suit:


Let’s not forget the 5th Circuit case Gandy Nursery v. U.S. where $388,500 in damages were awarded and $317,738.50 in costs and attorney's fees; plus, post-judgment interest on the $16,800.   


Some Suggestions for Those Dealing With IRS:


If you already sent your claim letter:


26 CFR 301.7433-1(d) provides that, “…no action under paragraph (a) of this section shall be maintained in any federal district court before the earlier of the following dates: (i) The date the decision is rendered on a claim filed in accordance with paragraph (e) of this section; or (ii) The date six months after the date an administrative claim is filed…”


If you had a decision on your administrative claim letter, you can go ahead and file your suit, or, you can do like the couple in the first paragraph and send them a warning letter.


If you send an administrative claim letter and less than six months has passed you may want to send a warning letter telling them that the six month deadline is approaching; and that they may want to take action.


If you send an administrative claim letter and more than six months has passed you have the option of sending the warning letter or filing suit.


If you have one of my packages, but have not sent a section 7433 letter:


You may want to go into my package and locate the file 26USC7433. If you need to search your hard drive you should quickly find the file if you search for exactly this: 26USC7433. Once you locate it you should review the notes files and the sample letters. You should also review the statute and the regulation which are here: http://www.law.cornell.edu/uscode/text/26/7433


and here: http://www.law.cornell.edu/cfr/text/26/301.7433-1


I’m sure these have changed since you bought my package. Locate some statutes and regulations that the IRS violated and you will be ready to put together your letter. I am available to review letters; if you would like that please call me: 720 -675 -7230 9:00 AM to 8:30 PM MST. 


If you do not have one of my packages, but think it would benefit you to send an administrative claim letter: 


My research packages amount to what I call a “shortcut to competence”. If you follow the statute and the regulation there is somebody on the other end that is going to be reading your letter. Because of this, you want your letter to display a certain degree of competence. It must appear in your letter that you’ve done your homework. A competent letter is the shortest route to success; and may save you from having to file suit. If you go to my shopping cart here:


http://www.legalbears.com/armor/index.php?main_page=product_info&cPath=4&products_id=47


You’ll see you will see THE BIGGEST PACKAGE! THE BIGGEST SAVINGS! This package includes Lien & Levy Thumper-IRS Terminator for CDPH-All Angles Offensive MP3’s-Frivolous Return Penalties Research-Bear’s Online Legal Research Video & Golden FOIAs. This package is normally $577. For the next 10 days (June 13) when you enter IRSAttitudeAdjustment during the checkout process you will save $200 and be able to get the package for just $377. That’s a $1213 savings over what you would pay for these packages separately!


I’m convinced that filing one of these letters, sending a warning letter, and filing suit is one of the quickest and most effective ways of getting some respect from the IRS.


Knowing what your rights are is the first step to getting them: 


When the IRS violates our due process rights, most people feel bad. The bad feeling is what tells you that your rights have been violated. However, the bad feeling should only be the trigger that sets in motion a search for the authority, usually from the Supreme Court, establishing the right and explaining it. Understanding this concept is what set me on a search for Supreme Court decisions explaining due process rights. I copied and pasted 34 pages of due process quotes from the Supreme Court with the citations to the cases and quotes and put them here:


http://www.legalbears.com/armor/index.php?main_page=product_info&cPath=4&products_id=49


If the IRS agent fails to give you all your constitutional rights he could lose his job. I made a video about this and you can view it at the link above. I call this package HOW TO HOLD IRS CONSTITUTIONAL VIOLATIONS over THEIR HEAD. This is a tremendous lever to use against IRS personnel, the threat of the loss of their job. Normally I sell this package for $200. Through June 13th, when you enter DueProcessViolations in the coupon code blank on check out you will save $100 and be able to buy these quotes for $100; a 50% savings!


NOTE: If you would like to get both of these packages you must make separate purchases because the shopping cart will only accept one discount code at a time.


I hope this email has been some help to you and given you some hope. Bear


Call me at: 720-675-7230


On Skype: legalbear


Best times to call: 8:30 am to 9:00 pm MST


Join my Yahoo Group Tips & Tricks for Court by sending an email to:


tips_and_tricks-subscribe@yahoogroups.com


My blog: legalbearsblog.com 


Tax sites: IRSTerminator.com IRSLienThumper.com IRSLevyThumper.com 


(formatted like this so this email doesn't end up in your spam folder)


[1] The Supreme Court has held that there are two kinds of taxpayers: 1) the taxpayer from whom the tax is sought to be collected; 2) the taxpayer that is subject to the Internal Revenue Code. The court held that a non-taxpayer could not be deprived of remedies under the Code by virtue of that status.

Friday, June 15, 2012

WAS SEAL TEAM 6 ASSASSINATED BY OUR GOVERNMENT?


Who killed Bin Laden?  Here's a Marine's answer.
   
America is not at war, the US  Marines are at war; America is at the  mall."


Let's be clear on this: OBAMA did NOT kill Bin  Laden. An American sailor, who Obama, just a few weeks before, was  debating on whether or not to PAY, did! In fact, if you remember a  little less than two years ago, his administration actually  charged and attempted to court-martial three Navy Seals from Seal  Team Six, when a terrorist suspect they captured, complained they  had punched him during the take-down and bloodied his nose.  Obama's administration further commented how brutal they were. The  left were calling them Nazi's and Baby Killers. Now all of a  sudden, the very brave men they vilified are now heroes when they  make his administration look good in the eyes of the public. Obama  just happened to be the one in office when the CIA finally found  the And our sailors took him out. Essentially, Obama  only gave an answer, Yes or No, to him being taken out. This is  NOT an Obama victory, but an AMERICAN victory!!


Ed  Schreiber
Col. US MC  (Ret.)
"Semper Fi"


OBAMA'S  OWN WORDS TRAP HIM:


2008: "Navy Seal Team 6 is Cheney's  private assassination team."
2011: "I put together Seal Team 6  to take out Bin Laden."


2008: "Bin Laden is innocent until  proven guilty, and must be captured alive and given a  fair trial."
2011: "I authorized Seal Team 6 to kill Bin  Laden."


2008: " Guantanamo    is entirely  unnecessary, and the detainees should not be  interrogated."
2011: "Vital intelligence was obtained  from  Guantanamo detainees that led to our locating Bin  Laden."


I HOPE THIS GETS SENT AROUND TO  PEOPLE  WHO CARE ABOUT THE TRUTH!


Sixteen members of Seal Team 6 -- the same who went in and eliminated Bin Laden were all killed in a Chinook Helicopter crash a month after Bin Laden was eliminated. Who authorized putting that many members of an elite Seal team all on one antique helicopter and flying iit through enemy territory without air support???? Why did they not use several heavily armed smaller helicopters???


That's totally insane thing to do considering how much money and training we have invested in those men--not to mention the sacrifice and loss of valuable human beings. How can this be a coincidence when the crash involved Seal Team 6 after killing bin Laden??? It looks like they loaded them all on one chopper, tipped off the enemy and flew them through a narrow canyon without air support. It was on the news briefly and then all was kept quiet.   

LARGE SOLAR FLARES JUNE 16TH


CHANCE OF FLARES: Big sunspot AR1504 has developed a 'beta-gamma-delta' magnetic field that harbors energy for strong solar flares. NOAA forecasters estimate a 65% chance of M-flares and a 5% chance of X-flares during the next 24 hours. X-flare alerts: text, voice.
INCOMING CMES: On June 14th, for the second day in a row, sunspot AR1504 erupted and hurled a CME toward Earth. The fast-moving (1360 km/s) cloud is expected to sweep up a previous CME and deliver a combined blow to Earth's magnetic field on June 16th around 10:16 UT. This animation shows the likely progression of the approaching storm:
According to the forecast track prepared by analysts at the Goddard Space Weather Lab, the CMEs will also hit Venus on June 15th and Mars on June 19th. Because Venus and Mars do not have global magnetic fields to protect them, both of those planets will probably lose tiny amounts of atmosphere when the CMEs strike.
Here on Earth, the impact is likely to trigger a geomagnetic storm around the poles. High-latitude sky watchers should be alert for auroras on June 16th.

The CME's appear to be causing much rain in this area and clouds.

Thursday, June 14, 2012

COUNTRY THINKING...


This is straight forward country thinking... 
Jeff Foxworthy on Muslims: 


1. You refine heroin for a living, but you have a                                 moral objection to liquor. 
You may be a Muslim


2. You own a $3,000 machine gun and $5,000 rocket launcher, but you can't afford shoes. 
You may be a Muslim 


3. You have more wives than teeth. 
You may be a Muslim


4. You wipe your butt with your bare hand, but                                 consider bacon unclean. 
You may be a Muslim                                 


5. You think vests come in two styles:                                 bullet-proof and suicide. 
You may be a Muslim.


6. You can't think of anyone you haven't declared Jihad against. 
You may be a Muslim.


7. You consider television dangerous, but routinely carry explosives in your clothing. 
You may be a Muslim. 


8. You were amazed to discover that cell phones have uses other than setting off roadside bombs. 
You may be a Muslim 


9. You have nothing against women                                 and think every man should own at least four.                                 
You may be a Muslim 


10. Your cousin is president of the United States .                                 
You may be a Muslim 


11. You find this offensive or racist and don't                                 forward it.
You may be a Muslim 

Sunday, June 3, 2012

OBAMA SIGNING AWAY 2/3 OF THE EARTH'S SURFACE TO 3RD WORLD


http://townhall.com/columnists/michellemalkin/2012/05/25/obamas_land_of_the_lost/page/full/


Obama's Land of the LOST


Michelle Malkin 
  
May 25, 2012
What's green and blue and grabby all over? President Obama's new pressure campaign for Congress to ratify the Law of the Sea Treaty (LOST).
The fight over LOST goes back three decades, when it was first rejected by President Ronald Reagan. He warned that "no national interest of the United States could justify handing sovereign control of two-thirds of the Earth's surface over to the Third World." According to top Reagan officials William Clark and Ed Meese, their boss believed the "central, and abiding, defect" was "its effort to promote global government at the expense of sovereign nation states -- and most especially the United States."
The persistent transnationalists who drafted LOST favor creation of a massive United Nations bureaucracy that would draw ocean boundaries, impose environmental regulations and restrict business on the high seas. They've tinkered with the document obsessively since the late '60s, enlisted Presidents Clinton and Bush, and recruited soon-to-depart GOP Sen. Dick Lugar to their crusade. Ignore the mushy save-the-planet rhetoric. Here's the bottom line: Crucial national security decisions about our naval and drilling operations would be subject to the vote of 162 other signatories, including Cuba, China and Russia.
While our sovereignty would be redistributed around the world, most of the funding for the massive LOST regulatory body would come from -- you guessed it! -- the United States. Forbes columnist Larry Bell reports that "as much as 7 percent of U.S. government revenue that is collected from oil and gas companies operating off our coast" would be meted out to "poorer, landlocked countries." This confiscatory act of environmental justice would siphon billions, if not trillions, away from Americans. International royalties would be imposed; an international tribunal would be set up to mediate disputes. There would be no opportunity for court appeals in the U.S.
LOST is just the latest waterlogged power grab by the Obama administration. As I reported in 2010, the White House through executive order seized unprecedented control from states and localities over "conservation, economic activity, user conflict and sustainable use of the ocean, our coasts and the Great Lakes." Obama created a 27-member "National Ocean Council" by administrative fiat that is specifically tasked with implementing ocean management plans "in accordance with customary international law, including as reflected in the Law of the Sea Convention."
The panel is chaired by radical green science czar John Holdren (notorious for his cheerful musings about eugenics, mass sterilization and forced abortions to protect Mother Earth, and for hyping weather catastrophes and demographic disasters in the 1970s with his population-control pals Paul and Anne Ehrlich) and White House Council on Environmental Quality head Nancy Sutley (best known as the immediate boss of disgraced green jobs czar/self-avowed communist Van Jones).
Other members include Dr. Jane Lubchenco, head of the National Oceanic and Atmospheric Administration and a former high-ranking official at the left-wing Environmental Defense Fund, which has long championed draconian reductions of commercial fishing fleets and recreational fishing activity in favor of centralized control, and fraudster Interior Secretary Ken Salazar, who doctored the administration's drilling moratorium report.
It is not hyperbole to expose LOST's socialist roots. Meddling Marxist Elisabeth Mann Borgese, the godmother of the global ocean regulatory scheme, made no bones about it: "He who rules the sea," she exulted, "rules the land." LOST is a radical giveaway of American sovereignty in the name of environmental protection. And it should be sunk once and for all.

GOVERNMENT SECRET MEETINGS ILLEGAL...


Bilderberg Meeting is Illegal


Kurt Nimmo
Infowars.com
May 31, 2012


On June 6, 2008, we reported on Obama and Hillary secretly attending the Bilderberg meeting held at the Marriott Hotel in Chantilly, Virginia.


Henry Kissinger has racked up dozens of felony offenses over the years.


The rendezvous was kept secret for a good reason – Obama and Hillary had committed a felony.


It is illegal for “unauthorized citizens” to negotiate with foreign governments under the Logan Act, a law passed under the John Adams administration in 1799.


The Logan Act reads as follows:


Any   citizen of the United States, wherever he may be, who, without authority of   the United States, directly or indirectly commences or carries on any   correspondence or intercourse with any foreign government or any officer or   agent thereof, with intent to influence the measures or conduct of any foreign   government or of any officer or agent thereof, in relation to any disputes or   controversies with the United States, or to defeat the measures of the United   States, shall be fined under this title or imprisoned not more than three   years, or both.


If you look at the official Bilderberg participant list (the Bilderbergers now post it on their “official” website), you will see a large number of U.S. citizens, including Massachusetts senator John Kerry, the governor of Indiana, a National Security adviser, and a large number of bankers, business CEOs, and assorted others.


All of them are in violation of the law and should be arrested immediately.


But then nobody has ever been convicted or arrested under the law. The only known indictment under the Logan Act was one that occurred in 1803 when a grand jury indicted Francis Flournoy, a Kentucky farmer, who published an article in the Frankfort Guardian of Freedom. Flournoy had advocated a separate nation in the western part of the United States allied with France.


And then there was the case of John D. Martin, a prisoner of war in North Korea, who was court-martialed for collaborating with North Korea and conducting “re-education” classes. The case was dismissed. In 1967, the government wanted to use the act against Stokely Carmichael for a visit he made to Hanoi during the Vietnam War. Carmichael was never charged.


Of course, when it comes to the titans of industry, banksters and globalists, the act is irrelevant – these folks operate on their own legal and moral plateau. Considering their other crimes – war, mass murder, the theft of trillions and other assorted monumental scams and felonies – violating the Logan Act pales in comparison.


It would be nice, though, if one or two of the cops now surrounding the Marriott in Chantilly marched into the meeting and arrested a few of the traitors, beginning with David Rockefeller and Henry Kissinger.


The Logan Act (18 U.S.C.A. § 953 [1948]) is a single federal statute       making it a crime for a citizen to confer with foreign governments against       the interests of the United States. Specifically, it prohibits citizens       from negotiating with other nations on behalf of the United States without       authorization.


Congress established the Logan Act in 1799, less than one year after       passage of the Alien       and Sedition Acts, which authorized the arrest and deportation       of Aliens and       prohibited written communication defamatory to the U.S. government. The       1799 act was named after Dr. George Logan. A prominent Republican and       Quaker from Pennsylvania, Logan did not draft or introduce the legislation       that bears his name, but was involved in the political climate that       precipitated it.


In the late 1790s, a French trade embargo and jailing of U.S. seamen       created animosity and unstable conditions between the United States and       France. Logan sailed to France in the hope of presenting options to its       government to improve relations with the United States and quell the       growing anti-French sentiment in the United States. France responded by       lifting the embargo and releasing the captives. Logan's return to the       United States was marked by Republican praise and Federalist scorn. To       prevent U.S. citizens from interfering with negotiations between the       United States and foreign governments in the future, the Adams       administration


quickly introduced the bill that would become the Logan Act.


The Logan Act has remained almost unchanged and unused since its       passage. The act is short and reads as follows:


Any citizen of the United States, wherever he may be, who, without         authority of the United States, directly or indirectly commences or         carries on any correspondence or intercourse with any foreign government         or any officer or agent thereof, with intent to influence the measures         or conduct of any foreign government or of any officer or agent thereof,         in relation to any disputes or controversies with the United States, or         to defeat the measures of the United States, shall be fined under this         title or imprisoned not more than three years, or both.


This section shall not abridge the right of a citizen to apply,         himself or his agent, to any foreign government or the agents thereof         for redress of any injury which he may have sustained from such         government or any of its agents or subjects.


The language of the act appears to encompass almost every communication       between a U.S. citizen and a foreign government considered an attempt to       influence negotiations between their two countries. Because the language       is so broad in scope, legal scholars and judges have suggested that the       Logan Act is unconstitutional. Historically, the act has been used more as       a threat to those engaged in various political activities than as a weapon       for prosecution. In fact, Logan Act violations have been discussed in       almost every administration without any serious attempt at enforcement,       and to date there have been no convictions and only one recorded       indictment.


One example of the act's use as a threat of prosecution involved the       Reverend jesse jackson.       In 1984 Jackson took well-publicized trips to Cuba and Nicaragua and       returned with several Cuban political prisoners seeking Asylum in       the United States. President ronald reaganstated that Jackson's       activities may have violated the law, but Jackson was not pursued beyond a       threat.


The only Logan Act indictment occurred in 1803. It involved a Kentucky       newspaper article that argued for the formation in the western United       States of a separate nation allied to France. No prosecution followed.


Further readings


Kearney, Kevin M. 1987. "Private Citizens in Foreign Affairs: A       Constitutional Analysis." Emory Law Journal 36       (winter).


Roth, Brad R. 1993. "The First Amendment in the Foreign Affairs Realm:       'Domesticating' the Restrictions on Citizen Participation." Temple       Political and Civil Rights Law Review 2 (spring).

WORDS NOT TO USE ON LINE


Revealed: Hundreds of words to avoid using online if you don't want the government spying on you (and they include 'pork', 'cloud' and 'Mexico')

  • Department of Homeland Security forced to release list following freedom of information request
  • Agency insists it only looks for evidence of genuine threats to the U.S. and not for signs of general dissent
By Daniel Miller
|

Revealing: A list of keywords used by government analysts to scour the internet for evidence of threats to the U.S. has been released under the Freedom of Information Act
Revealing: A list of keywords used by government analysts to scour the internet for evidence of threats to the U.S. has been released under the Freedom of Information Act
The Department of Homeland Security has been forced to release a list of keywords and phrases it uses to monitor social networking sites and online media for signs of terrorist or other threats against the U.S.
The intriguing the list includes obvious choices such as 'attack', 'Al Qaeda', 'terrorism' and 'dirty bomb' alongside dozens of seemingly innocent words like 'pork', 'cloud', 'team' and 'Mexico'.
Released under a freedom of information request, the information sheds new light on how government analysts are instructed to patrol the internet searching for domestic and external threats.
The words are included in the department's 2011 'Analyst's Desktop Binder' used by workers at their National Operations Center which instructs workers to identify 'media reports that reflect adversely on DHS and response activities'.
Department chiefs were forced to release the manual following a House hearing over documents obtained through a Freedom of Information Act lawsuit which revealed how analysts monitor social networks and media organisations for comments that 'reflect adversely' on the government.
However they insisted the practice was aimed not at policing the internet for disparaging remarks about the government and signs of general dissent, but to provide awareness of any potential threats.

As well as terrorism, analysts are instructed to search for evidence of unfolding natural disasters, public health threats and serious crimes such as mall/school shootings, major drug busts, illegal immigrant busts.
The list has been posted online by the Electronic Privacy Information Center - a privacy watchdog group who filed a request under the Freedom of Information Act before suing to obtain the release of the documents.
In a letter to the House Homeland Security Subcommittee on Counter-terrorism and Intelligence, the centre described the choice of words as 'broad, vague and ambiguous'.
Scroll down for full list
Threat detection: Released under a freedom of information request, the information sheds new light on how government analysts are instructed to patrol the internet searching for domestic and external threats
Threat detection: Released under a freedom of information request, the information sheds new light on how government analysts are instructed to patrol the internet searching for domestic and external threats
They point out that it includes 'vast amounts of First Amendment protected speech that is entirely unrelated to the Department of Homeland Security mission to protect the public against terrorism and disasters.'
A senior Homeland Security official told the Huffington Post that the manual 'is a starting point, not the endgame' in maintaining situational awareness of natural and man-made threats and denied that the government was monitoring signs of dissent.
However the agency admitted that the language used was vague and in need of updating.
Spokesman Matthew Chandler told website: 'To ensure clarity, as part of ... routine compliance review, DHS will review the language contained in all materials to clearly and accurately convey the parameters and intention of the program.'


Read more: http://www.dailymail.co.uk/news/article-2150281/REVEALED-Hundreds-words-avoid-using-online-dont-want-government-spying-you.html#ixzz1wkombPCG






STOP FORECLOSURE & KEEP YOUR HOUSE


THIS CAME THROUGH THE ROD CLASS GROUP
and they are now wining case after case. its simple; there is no case to start with.
MEMORANDUM OF LAW – BANK FRAUD
I have, through research, learned the following to be true and most likely applies to me,
which is the reason I have requested and demanded “the bank” to validate their claims
and produce pursuant to applicable law. This MEMORANDUM serves to support my
suspicions and identify criminal facts. The “bank” allegedly “loaned me their money”
when in reality they deposited (credited) my promissory note and used that deposit to
“pay my seller”. Source and reasoning after reviewing the original file clearly shows this
fact, which is the reason for the “bank” refusing and failing to validate and to produce as
stipulated by law. However, the truth is out and there is plenty of law backing up the fact
that the bank is criminal.
FORECLOSURE ACTIONS AND CASES LAWFULLY DISMISSED (NOT LETTING
BANK FORECLOSE WITHOUT LAWFUL VALIDATION AND PRODUCTION) BY
THE COURTS DUE TO BANK'S FAILURE TO VALIDATE & PRODUCE AS
STIPULATED BY LAW AND COMMITTED “BANK FRAUD” AGAINST THE
BORROWER
FROM THE BAR ASSOCIATION'S OFFICIAL WEB SITE :... ”this Court has the
responsibility to assure itself that the foreclosure plaintiffs have standing and that subject
matter jurisdiction requirements are met at the time the complaint is filed. Even without
the concerns raised by the documents the plaintiffs have filed, there is reason to question
the existence of standing and the jurisdictional amount”. Over 30 cases are covered by
the BAR at:
http://www.abanet.org/rpte/publications/ereport/2008/3/Ohioforeclosures.pdf
1.
“A national bank has no power to lend its credit to any person or corporation . . . Bowen
v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US
682, 44 LED 637.
2.
Countrywide Home Loans, Inc. v Taylor - Mayer, J., Supreme Court, Suffolk County /
9/07
3.
American Brokers Conduit v. ZAMALLOA - Judge SCHACK 28Jan2008
Aurora Loan Services v. MACPHERSON - Judge FARNETI 1 1Mar2008
4.
“A bank may not lend its credit to another even though such a transaction turns out to
have been of benefit to the bank, and in support of this a list of cases might be cited,
which-would look like a catalog of ships.” [Emphasis added] Norton Grocery Co. v.
Peoples Nat. Bank, 144 SE 505. 151 Va 195.
5.
“In the federal courts, it is well established that a national bank has not power to lend its
credit to another by becoming surety, indorser, or guarantor for him.”' Farmers and
Miners Bank v. Bluefield Nat 'l Bank, 11 F 2d 83, 271 U.S. 669.
6.
Bank of New York v. SINGH - Judge KURTZ 14Dec2007
7.
Bank of New York v. TORRES - Judge COSTELLO 11Mar2008
8.
Bank of New York v. OROSCO - Judge SCHACK 19Nov2007
Citi Mortgage Inc. v. BROWN - Judge FARNETI 13Mar2008
9.
“The doctrine of ultra vires is a most powerful weapon to keep private corporations
within their legitimate spheres and to punish them for violations of their corporate
charters, and it probably is not invoked too often…. Zinc Carbonate Co. v. First National
Bank, 103 Wis 125, 79 NW 229. American Express Co. v. Citizens State Bank, 194 NW
430.
"It has been settled beyond controversy that a national bank, under federal Law being
limited in its powers and capacity, cannot lend its credit by guaranteeing the debts of
another. All such contracts entered into by its officers are ultra vires . . ." Howard &
Foster Co. v. Citizens Nat'l Bank of Union, 133 SC 202, 130 SE 759(1926).
10.
“. . . checks, drafts, money orders, and bank notes are not lawful money of the United
States ...” State v. Neilon, 73 Pac 324, 43 Ore 168.
11.
American Brokers Conduit v. ZAMALLOA - Judge SCHACK 11 Sep2007
Countrywide Mortgage v. BERLIUK - Judge COSTELLO 1 3Mar2008
12.
Deutsche Bank v. Barnes-Judgment Entry
13.
Deutsche Bank v. Barnes-Withdrawal of Objections and Motion to Dismiss
Deutsche Bank v. ALEMANY Judge COSTELLO 07Jan2008
Deutsche Bank v. Benjamin CRUZ – Judge KURTZ 21May2008
Deutsche Bank v. Yobanna CRUZ - Judge KURTZ 21May2008
Deutsche Bank v. CABAROY - Judge COSTELLO 02Apr2008
Deutsche Bank v. CASTELLANOS / 2007NYSlipOp50978U/- Judge SCHACK
11May2007
14.
Deutsche Bank v. CASTELLANOS/ 2008NYSlipOp50033U/ - Judge SCHACK 14Jan
2008
15.
HSBC v. Valentin - Judge SCHACK calls them liars and dismisses WITH prejudice **
16.
Deutsche Bank v. CLOUDEN / 2007NYSlipOp5 1 767U/ Judge SCHACK 1 8Sep2007
17.
Deutsche Bank v. EZAGUI - Judge SCHACK 21Dec2007
Deutsche Bank v. GRANT - Judge SCHACK 25Apr2008
Deutsche Bank v. HARRIS - Judge SCHACK 05Feb2008
18.
Deutsche Bank v. LaCrosse, Cede, DTC Complaint
19.
Deutsche Bank v. NICHOLLS - Judge KURTZ 21May2008
Deutsche Bank v. RYAN - Judge KURTZ 29Jan2008
Deutsche Bank v. SAMPSON - Judge KURTZ 16Jan2008
20.
Deutsche v. Marche - Order to Show Cause to VACATE Judgment of Foreclosure – 11
June2009
21.
GMAC Mortgage LLC v. MATTHEWS - Judge KURTZ 10Jan2008
GMAC Mortgage LLC v. SERAFINE - Judge COSTELLO 08Jan2008
HSBC Bank USA NA v. CIPRIANI Judge COSTELLO 08Jan2008
HSBC Bank USA NA v. JACK - Judge COSTELLO 02Apr2008
IndyMac Bank FSB v. RODNEY-ROSS - Judge KURTZ 15Jan2008
LaSalleBank NA v. CHARLEUS - Judge KURTZ 03Jan2008
LaSalleBank NA v. SMALLS - Judge KURTZ 03Jan2008
PHH Mortgage Corp v. BARBER - Judge KURTZ 15Jan2008
Property Asset Management v. HUAYTA 05Dec2007
22.
Rivera, In Re Services LLC v. SATTAR / 2007NYSlipOp5 1 895U/ - Judge SCHACK
09Oct2007
23.
USBank NA v. AUGUSTE - Judge KURTZ 27Nov2007
USBank NA v. GRANT - Judge KURTZ 14Dec2007
USBank NA v. ROUNDTREE - Judge BURKE 11Oct2007
USBank NA v. VILLARUEL - Judge KURTZ 01Feb2008
24.
Wells Fargo Bank NA v. HAMPTON - Judge KURTZ 03 Jan2008
25.
Wells Fargo, Litton Loan v. Farmer WITH PREJUDICE Judge Schack June2008
26.
Wells Fargo v. Reyes WITH PREJUDICE, Fraud on Court & Sanctions Judge Schack
June2008
27.
Deutsche Bank v. Peabody Judge Nolan (Regulation Z)
Indymac Bank,FSB v. Boyd - Schack J. January 2009
28.
Indymac Bank, FSB v. Bethley - Schack, J. February 2009 ( The tale of many hats)
29.
LaSalle Bank Natl. Assn. v Ahearn - Appellate Division, Third Department (Pro Se)
30.
NEW JERSEY COURT DISMISSES FORECLOSURE FILED BY DEUTSCHE BANK
FOR FAILURE TO PRODUCE THE NOTE
31.
Whittiker v. Deutsche (MEMORANDUM IN OPPOSITION TO DEFENDANTS’
MOTIONS TO DISMISS) Whittiker (PLAINTIFFS’ OBJECTIONS TO REPORT AND
RECOMMENDATION) Whittiker (DEFENDANT WELTMAN, WEINBERG & REIS
CO., LPA’S RESPONSE TO PLAINTIFFS’ OBJECTIONS TO REPORT AND
RECOMMENDATION) Whittiker (RESPONSE TO PLAINTIFFS’ OBJECTIONS TO
MAGISTRATE JUDGE PEARSON’S REPORT AND RECOMMENDATION TO
GRANT ITS MOTION TO DISMISS)
32.
Novastar v. Snyder * (lack of standing) Snyder (motion to amend w/prejudice) Snyder
(response to amend)
33.
Washington Mutual v. City of Cleveland (WAMU's motion to dismiss)
34.
2008-Ohio-1177; DLJ Mtge. Capital, Inc. v. Parsons (SJ Reversed for lack of standing)
35.
Everhome v. Rowland
36.
Deutsche - Class Action (RICO) Bank of New York v. TORRES - Judge
COSTELLO 1 1Mar2008
37.
Deutsche Bank Answer Whittiker
38.
Manley Answer Whittiker
39.
Justice Arthur M. Schack
40.
Judge Holschuh- Show cause
41.
Judge Holschuh- Dismissals
42.
Judge Boyko's Deutsche Bank Foreclosures
43.
Rose Complaint for Foreclosure | Rose Dismissals
44.
O'Malley Dismissals
45.
City Of Cleveland v. Banks
46.
Dowd Dismissal
47.
EMC can't find the note
48.
Ocwen can't find the note
49.
US Bank can't find the Note
50.
US Bank - No Note
51.
Key Bank - No Note
52.
Wells Fargo - Defective pleading
53.
Complaint in Jack v. MERS, Citi, Deutsche
54.
GMAC v. Marsh
55.
Massachusetts : Robin Hayes v. Deutsche Bank
56.
Florida: Deutsche Bank's Summary Judgment Denied
57.
Texas: MERS v. Young / 2nd Circuit Court of Appeals - PANEL: LIVINGSTON,
DAUPHINOT, and MCCOY, JJ.
58.
Nevada: MERS crushed: In re Mitchell
59.
"Neither, as included in its powers not incidental to them, is it a part of a bank's business
to lend its credit. If a bank could lend its credit as well as its money, it might, if it
received compensation and was careful to put its name only to solid paper, make a great
deal more than any lawful interest on its money would amount to. If not careful, the
power would be the mother of panics, . . . Indeed, lending credit is the exact opposite of
lending money, which is the real business of a bank, for while the latter creates a liability
in favor of the bank, the former gives rise to a liability of the bank to another. I Morse.
Banks and Banking 5th Ed. Sec 65; Magee, Banks and Banking, 3rd Ed. Sec 248."
American Express Co. v. Citizens State Bank, 194 NW 429.
60.
"It is not within those statutory powers for a national bank, even though solvent, to lend
its credit to another in any of the various ways in which that might be done." Federal
Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).
61.
"There is no doubt but what the law is that a national bank cannot lend its credit or
become an accommodation endorser." National Bank of Commerce v. Atkinson, 55 E
471.
62.
"A bank can lend its money, but not its credit." First Nat'l Bank of Tallapoosa v.
Monroe . 135 Ga 614, 69 SE 1124, 32 LRA (NS) 550.
63.
".. . the bank is allowed to hold money upon personal security; but it must be money that
it loans, not its credit." Seligman v. Charlottesville Nat. Bank, 3 Hughes 647, Fed Case
No.12, 642, 1039.
64.
"A loan may be defined as the delivery by one party to, and the receipt by another party
of, a sum of money upon an agreement, express or implied, to repay the sum with or
without interest." Parsons v. Fox 179 Ga 605, 176 SE 644. Also see Kirkland v. Bailey,
155 SE 2d 701 and United States v. Neifert White Co., 247 Fed Supp 878, 879.
65.
"The word 'money' in its usual and ordinary acceptation means gold, silver, or paper
money used as a circulating medium of exchange . . ." Lane v. Railey 280 Ky 319, 133
SW 2d 75.
66.
"A promise to pay cannot, by argument, however ingenious, be made the equivalent of
actual payment ..." Christensen v. Beebe, 91 P 133, 32 Utah 406.
67.
“A bank is not the holder in due course upon merely crediting the depositors account.”
Bankers Trust v. Nagler, 229 NYS 2d 142, 143.
68.
"A check is merely an order on a bank to pay money." Young v. Hembree, 73 P2d 393
69.
"Any false representation of material facts made with knowledge of falsity and with
intent that it shall be acted on by another in entering into contract, and which is so acted
upon, constitutes 'fraud,' and entitles party deceived to avoid contract or recover
damages." Barnsdall Refining Corn. v. Birnam Wood Oil Co. 92 F 26 817.
70.
"Any conduct capable of being turned into a statement of fact is representation. There is
no distinction between misrepresentations effected by words and misrepresentations
effected by other acts." Leonard v. Springer 197 Ill 532. 64 NE 301.
71.
“If any part of the consideration for a promise be illegal, or if there are several
considerations for an unseverable promise one of which is illegal, the promise, whether
written or oral, is wholly void, as it is impossible to say what part or which one of the
considerations induced the promise.” Menominee River Co. v. Augustus Spies L & C
Co.,147 Wis 559-572; 132 NW 1122.
72.
“The contract is void if it is only in part connected with the illegal transaction and the
promise single or entire.” Guardian Agency v. Guardian Mut. Savings Bank, 227 Wis
550, 279 NW 83.
73.
“It is not necessary for recision of a contract that the party making the misrepresentation
should have known that it was false, but recovery is allowed even though
misrepresentation is innocently made, because it would be unjust to allow one who made
false representations, even innocently, to retain the fruits of a bargain induced by such
representations.” Whipp v. Iverson, 43 Wis 2d 166.
74.
"Each Federal Reserve bank is a separate corporation owned by commercial banks in its
region ..." Lewis v. United States, 680 F 20 1239 (1982).
HOW AND WHY THE BANKS SECRETLY AND QUICKLY
“SWITCH CURRENCY”
NOT FULFILL THE “LOAN AGREEMENT “(THE CONTRACT)
OBTAIN YOUR MORTGAGE NOTE WITHOUT INVESTING ONE CENT
TO FORCE YOU TO LABOR TO PAY INTEREST ON “THE CONTRACT “
TO REFUSE TO FULFILL “THE CONTRACT “
TO MAKE YOU A DEPOSITOR (NOT A BORROWER)
The oldest scheme throughout History is the changing of currency. Remember the
moneychangers in the temple (BIBLE)? "If you lend money to My people, to the poor
among you, you are not to act as a creditor to him; you shall not charge him interest”
Exodus 22:25. They changed currency as a business. You would have to convert to
Temple currency in order to buy an animal for sacrifice. The Temple Merchants made
money by the exchange. The Bible calls it unjust weights and measures, and judges it to
be an abomination. Jesus cleared the Temple of these abominations. Our Christian
Founding Fathers did the same. Ben Franklin said in his autobiography, "... the inability
of the colonists to get the power to issue their own money permanently out of the hands
of King George III and the international bankers was the prime reason for the
revolutionary war.” The year 1913 was the third attempt by the European bankers to get
their system back in place within the United States of America. President Andrew
Jackson ended the second attempt in 1836. What they could not win militarily in the
Revolutionary War they attempted to accomplish by a banking money scheme which
allowed the European Banks to own the mortgages on nearly every home, car, farm,
ranch, and business at no cost to the bank. Requiring “We the People” to pay interest on
the equity we lost and the bank got free.
Today people believe that cash and coins back up the all checks. If you deposit $100 of
cash, the bank records the cash as a bank asset (debit) and credits a Demand Deposit
Account (DDA), saying that the bank owes you $100. For the $100 liability the bank
owes you, you may receive cash or write a check. If you write a $100 check, the $100
liability your bank owes you is transferred to another bank and that bank owes $100 to
the person you wrote the check to. That person can write a $100 check or receive cash.
So far there is no problem.
Remember one thing however, for the check to be valid there must first be a deposit of
money to the banks ASSETS, to make the check (liability) good. The liability is like a
HOLDING ACCOUNT claiming that money was deposited to make the check good.
Here then, is how the switch in currency takes place
The bank advertises it loans’ money. The bank says, "sign here". However the bank
never signs because they know they are not going to lend you theirs, or other depositor's
money. Under the law of bankruptcy of a nation, the mortgage note acts like money. The
bank makes it look like a loan but it is not. It is an exchange.
The bank receives the equity in the home you are buying, for free, in exchange for an
unpaid bank liability that the bank cannot pay, without returning the mortgage note. If
the bank had fulfilled its end of the contract, the bank could not have received the equity
in your home for free.
The bank receives your mortgage note without investing or risking one-cent.
The bank sells the mortgage note, receives cash or an asset that can then be converted to
cash and still refuses to loan you their or other depositors' money or pay the liability it
owes you. On a $100,000 loan the bank does not give up $100,000. The bank receives
$100,000 in cash or an asset and issues a $100,000 liability (check) the bank has no
intention of paying. The $100,000 the bank received in the alleged loan is the equity
(lien on property) the bank received without investment, and it is the $100,000 the
individual lost in equity to the bank. The $100,000 equity the individual lost to the bank,
which demands he/she repay plus interest.
The loan agreement the bank told you to sign said LOAN. The bank broke that
agreement. The bank now owns the mortgage note without loaning anything. The bank
then deposited the mortgage note in an account they opened under your name without
your authorization or knowledge. The bank withdrew the money without your
authorization or knowledge using a forged signature. The bank then claimed the money
was the banks’ property, which is a fraudulent conversion.
The mortgage note was deposited or debited (asset) and credited to a Direct Deposit
Account, (DDA) (liability). The credit to Direct Deposit Account (liability) was used
from which to issue the check. The bank just switched the currency. The bank demands
that you cannot use the same currency, which the bank deposited (promissory notes or
mortgage notes) to discharge your mortgage note. The bank refuses to loan you other
depositors' money, or pay the liability it owes you for having deposited your mortgage
note.
To pay this liability the bank must return the mortgage note to you. However instead of
the bank paying the liability it owes you, the bank demands you use these unpaid bank
liabilities, created in the alleged loan process, as the new currency. Now you must labor
to earn the bank currency (unpaid liabilities created in the alleged loan process) to pay
back the bank. What the bank received for free, the individual lost in equity.
If you tried to repay the bank in like kind currency, (which the bank deposited without
your authorization to create the check they issued you), then the bank claims the
promissory note is not money. They want payment to be in legal tender (check book
money).
The mortgage note is the money the bank uses to buy your property in the foreclosure.
They get your real property at no cost. If they accept your promissory note to discharge
the mortgage note, the bank can use the promissory note to buy your home if you sell it.
Their problem is, the promissory note stops the interest and there is no lien on the
property. If you sell the home before the bank can find out and use the promissory note
to buy the home, the bank lost. The bank claims they have not bought the home at no
cost. Question is, what right does the bank have to receive the mortgage note at no cost
in direct violation of the contract they wrote and refused to sign or fulfill.
By demanding that the bank fulfill the contract and not change the currency, the bank
must deposit your second promissory note to create check book money to end the fraud,
putting everyone back in the same position they where, prior to the fraud, in the first
place. Then all the homes, farms, ranches, cars and businesses in this country would be
redeemed and the equity returned to the rightful owners (the people). If not, every time
the homes are refinanced the banks get the equity for free. You and I must labor 20 to 30
years full time as the bankers sit behind their desks, laughing at us because we are too
stupid to figure it out or to force them to fulfill their contract.
The $100,000 created inflation and this increases the equity value of the homes. On an
average homes are refinanced every 7 1/2 years. When the home is refinanced the bank
again receives the equity for free. What the bank receives for free the alleged borrower
loses to the bank.
According to the Federal Reserve Banks’ own book of Richmond, Va. titled “YOUR
MONEY” page seven, “...demand deposit accounts are not legal tender...” If a
promissory note is legal tender, the bank must accept it to discharge the mortgage note.
The bank changed the currency from the money deposited, (mortgage note) to check
book money (liability the bank owes for the mortgage note deposited) forcing us to labor
to pay interest on the equity, in real property (real estate) the bank received for free. This
cost was not disclosed in NOTICE TO CUSTOMER REQUIRED BY FEDERAL LAW,
Federal Reserve Regulation Z.
When a bank says they gave you credit, they mean they credited your transaction
account, leaving you with the presumption that they deposited other depositors money in
the account. The fact is they deposited your money (mortgage note). The bank cannot
claim they own the mortgage note until they loan you their money. If bank deposits your
money, they are to credit a Demand Deposit Account under your name, so you can write
checks and spend your money. In this case they claim your money is their money. Ask a
criminal attorney what happens in a fraudulent conversion of your funds to the bank's
use and benefit, without your signature or authorization.
What the banks could not win voluntarily, through deception they received for free.
Several presidents, John Adams, Thomas Jefferson, and Abraham Lincoln believed that
banker capitalism was more dangerous to our liberties than standing armies. U.S.
President James A. Garfield said, “Whoever controls the money in any country is
absolute master of industry and commerce."
The Chicago Federal Reserve Bank's book,”Modern Money Mechanics”, explains
exactly how the banks expand and contract the checkbook money supply forcing people
into foreclosure. This could never happen if contracts were not violated and if we
received equal protection under the law of Contract.
HOW THE BANK SWITCHES THE CURRENCY This is a repeat worded differently
to be sure you understand it. You must understand the currency switch.
The bank does not loan money. The bank merely switches the currency. The alleged
borrower created money or currency by simply signing the mortgage note. The bank
does not sign the mortgage note because they know they will not loan you their money.
The mortgage note acts like money. To make it look like the bank loaned you money the
bank deposits your mortgage note (lien on property) as money from which to issue a
check. No money was loaned to legally fulfill the contract for the bank to own the
mortgage note. By doing this, the bank received the lien on the property without risking
or using one cent. The people lost the equity in their homes and farms to the bank and
now they must labor to pay interest on the property, which the bank got for free and they
lost.
The check is not money, the check merely transfers money and by transferring money
the check acts LIKE money. The money deposited is the mortgage note. If the bank
never fulfills the contract to loan money, then the bank does not own the mortgage note.
The deposited mortgage note is still your money and the checking account they set up in
your name, which they credited, from which to issue the check, is still your money. They
only returned your money in the form of a check. Why do you have to fulfill your end of
the agreement if the bank refuses to fulfill their end of the agreement? If the bank does
not loan you their money they have not fulfilled the agreement, the contract is void.
You created currency by simply signing the mortgage note. The mortgage note has value
because of the lien on the property and because of the fact that you are to repay the loan.
The bank deposits the mortgage note (currency) to create a check (currency, bank
money). Both currencies cost nothing to create. By law the bank cannot create currency
(bank money, a check) without first depositing currency, (mortgage note) or legal tender.
For the check to be valid there must be mortgage note or bank money as legal tender, but
the bank accepted currency (mortgage note) as a deposit without telling you and without
your authorization.
The bank withdrew your money, which they deposited without telling you and withdrew
it without your signature, in a fraudulent conversion scheme, which can land the bankers
in jail but is played out in every City and Town in this nation on a daily basis. Without
loaning you money, the bank deposits your money (mortgage note), withdraws it and
claims it is the bank's money and that it is their money they loaned you.
It is not a loan, it is merely an exchange of one currency for another, they'll owe you the
money, which they claimed they were to loan you. If they do not loan the money and
merely exchange one currency for another, the bank receives the lien on your property
for free. What they get for free you lost and must labor to pay back at interest.
If the banks loaned you legal tender, they could not receive the liens on nearly every
home, car, farm, and business for free. The people would still own the value of their
homes. The bank must sell your currency (mortgage note) for legal tender so if you use
the bank's currency (bank money), and want to convert currency (bank money) to legal
tender they will be able to make it appear that the currency (bank money) is backed by
legal tender. The bank's currency (bank money) has no value without your currency
(mortgage note). The bank cannot sell your currency (mortgage note) without fulfilling
the contract by loaning you their money. They never loaned money, they merely
exchanged one currency for another. The bank received your currency for free, without
making any loan or fulfilling the contract, changing the cost and the risk of the contract
wherein they refused to sign, knowing that it is a change of currency and not a loan.
If you use currency (mortgage note), the same currency the bank deposited to create
currency (bank money), to pay the loan, the bank rejects it and says you must use
currency (bank money) or legal tender. The bank received your currency (mortgage
note) and the bank's currency (bank money) for free without using legal tender and
without loaning money thereby refusing to fulfill the contract. Now the bank switches
the currency without loaning money and demands to receive your labor to pay what was
not loaned or the bank will use your currency (mortgage note) to buy your home in
foreclosure, The Revolutionary war was fought to stop these bank schemes. The bank
has a written policy to expand and contract the currency (bank money), creating
recessions, forcing people out of work, allowing the banks to obtain your property for
free.
If the banks loaned legal tender, this would never happen and the home would cost much
less. If you allow someone to obtain liens for free and create a new currency, which is
not legal tender and you must use legal tender to repay. This changes the cost and the
risk.
Under this bank scheme, even if everyone in the nation owned their homes and farms
debt free, the banks would soon receive the liens on the property in the loan process. The
liens the banks receive for free, are what the people lost in property, and now must labor
to pay interest on. The interest would not be paid if the banks fulfilled the contract they
wrote. If there is equal protection under the law and contract, you could get the
mortgage note back without further labor. Why should the bank get your mortgage note
and your
labor for free when they refuse to fulfill the contract they wrote and told you to sign?
Sorry for the redundancy, but it is important for you to know by heart their “shell game”,
I will continue in that redundancy as it is imperative that you understand the principle.
The following material is case law on the subject and other related legal issues as well as
a summary.
LOGIC AS EVIDENCE
The check was written without deducting funds from Savings Account or Certificate of
Deposit allowing the mortgage note to become the new pool of money owed to Demand
Deposit Account, Savings Account, Certificate of Deposit with Demand Deposit,
Savings Account, and/or Certificate of Deposit increasing by the amount of the
mortgage note. In this case the bankers sell the mortgage note for Federal Reserve Bank
Notes or other assets while still owing the liability for the mortgage note sold and
without the bank giving up any- Federal Reserve Bank Notes.
If the bank had to part with Federal Reserve Bank Notes, and without the benefit of
checks to hide the fraudulent conversion of the mortgage note from which it issues the
check, the bank fraud would be exposed.
Federal Reserve Bank Notes are the only money called legal tender. If only Federal
Reserve Bank Notes are deposited for the credit to Demand Deposit Account- Savings
Account, Certificate of Deposit, and if the bank wrote a check for the mortgage note, the
check then transfers Federal Reserve Bank Notes and the bank gives the borrower a
bank asset. There is no increase in the check book money supply that exists in the loan
process.
The bank policy is to increase bank liabilities; Demand Deposit Account, Savings
Account, Certificate of Deposit, by the mortgage note. If the mortgage note is money,
then the bank never gave up a bank asset. The bank simply used fraudulent conversion
of ownership of the mortgage note. The bank cannot own the mortgage note until the
bank fulfills the contract.
The check is not the money; the money is the deposit that makes the check good. In this
case, the mortgage note is the money from which the check is issued. Who owns the
mortgage note when the mortgage note is deposited? The borrower owns the mortgage
note because the bank never paid money for the mortgage note and never loaned money
(bank asset). The bank simply claimed the bank owned the mortgage note without
paying for it and deposited the mortgage note from which the check was issued. This is
fraudulent conversion. The bank risked nothing! Not even one penny was invested. They
never took money out of any account, in order to own the mortgage note, as proven by
the bookkeeping entries, financial ratios, the balance sheet, and of course the bank's
literature. The bank simply never complied with the contract.
If the mortgage note is not money, then the check is check kiting and the bank is
insolvent and the bank still never paid. If the mortgage note is money, the bank took our
money without showing the deposit, and without paying for it, which is fraudulent
conversion. The bank claimed it owned the mortgage note without paying for it, then
sold
the mortgage note, took the cash and never used the cash to pay the liability it owed for
the check the bank issued. The liability means that the bank still owes the money. The
bank must return the mortgage note or the cash it received in the sale, in order to pay the
liability. Even if the bank did this, the bank still never loaned us the bank's money,
which is what 'loan' means. The check is not money but merely an order to pay money.
If the mortgage note is money then the bank must pay the check by returning the
mortgage note.
The only way the bank can pay Federal Reserve Bank Notes for the check issued is to
sell the mortgage note for Federal Reserve Bank Notes. Federal Reserve Bank Notes are
non-redeemable in violation of the UCC. The bank forces us to trade in non-redeemable
private bank notes of which the bank refuses to pay the liability owed. When we present
the Federal Reserve Bank Notes for payment the bank just gives us back another Federal
Reserve Bank Note which the bank paid 2 1/2 cents for per bill regardless of
denomination.
What a profit for the bank!
The check issued can only be redeemed in Federal Reserve Bank Notes, which the bank
obtained by selling the mortgage note that they paid nothing for.
The bank forces us to trade in bank liabilities, which they never redeem in an asset. We
the people are forced to give up our assets to the bank for free, and without cost to the
bank. This is fraudulent conversion making the contract, which the bank created with
their policy of bookkeeping entries, illegal and the alleged contract null and void.
The bank has no right to the mortgage note or to a lien on the property, until the bank
performs under the contract. The bank had less than ten percent of Federal Reserve Bank
Notes to back up the bank liabilities in Demand Deposit Account, Savings Account, or
Certificate of Deposit's. A bank liability to pay money is not money. When we try and
repay the bank in like funds (such as is the banks policy to deposit from which to issue
checks) they claim it is not money. The bank's confusing and deceptive trade practices
and their alleged contracts are unconscionable.
SUMMARY OF DAMAGES
The bank made the alleged borrower a depositor by depositing a $100,000 negotiable
instrument, which the bank sold or had available to sell for approximately $100,000 in
legal tender. The bank did not credit the borrower's transaction account showing that the
bank owed the borrower the $100,000. Rather the bank claimed that the alleged
borrower owed the bank the $100,000, then placed a lien on the borrower's real property
for $100,000 and demanded loan payments or the bank would foreclose.
The bank deposited a non-legal tender negotiable instrument and exchanged it for
another non legal tender check, which traded like money, using the deposited negotiable
instrument as the money deposited. The bank changed the currency without the
borrower's authorization. First by depositing non legal tender from which to issue a
check (which is non-legal tender) and using the negotiable instrument (your mortgage
note), to exchange for legal tender, the bank needed to make the check appear to be
backed by
legal tender. No loan ever took place. Which shell hides the little pea?
The transaction that took place was merely a change of currency (without authorization),
a negotiable instrument for a check. The negotiable instrument is the money, which can
be exchanged for legal tender to make the check good. An exchange is not a loan. The
bank exchanged $100,000 for $100,000. There was no need to go to the bank for any
money. The customer (alleged borrower) did not receive a loan, the alleged borrower
lost $100,000 in value to the bank, which the bank kept and recorded as a bank asset and
never loaned any of the bank's money.
In this example, the damages are $100,000 plus interest payments, which the bank
demanded by mail. The bank illegally placed a lien on the property and then threatened
to foreclose, further damaging the alleged borrower, if the payments were not made. A
depositor is owed money for the deposit and the alleged borrower is owed money for the
loan the bank never made and yet placed a lien on the real property demanding payment.
Damages exist in that the bank refuses to loan their money. The bank denies the alleged
borrower equal protection under the law and contract, by merely exchanging one
currency for another and refusing repayment in the same type of currency deposited. The
bank refused to fulfill the contract by not loaning the money, and by the bank refusing to
be repaid in the same currency, which they deposited as an exchange for another
currency. A debt tender offered and refused is a debt paid to the extent of the offer. The
bank has no authorization to alter the alleged contract and to refuse to perform by not
loaning money, by changing the currency and then refusing repayment in what the bank
has a written policy to deposit.
The seller of the home received a check. The money deposited for the check issued came
from the borrower not the bank. The bank has no right to the mortgage note until the
bank performs by loaning the money.
In the transaction the bank was to loan legal tender to the borrower, in order for the bank
to secure a lien. The bank never made the loan, but kept the mortgage note the alleged
borrower signed. This allowed the bank to obtain the equity in the property (by a lien)
and transfer the wealth of the property to the bank without the bank's investment, loan,
or risk of money. Then the bank receives the alleged borrower's labor to pay principal
and Usury interest. What the people owned or should have owned debt free, the bank
obtained ownership in, and for free, in exchange for the people receiving a debt, paying
interest to the bank, all because the bank refused to loan money and merely exchanged
one currency for another. This places you in perpetual slavery to the bank because the
bank refuses to perform under the contract. The lien forces payment by threat of
foreclosure. The mail is used to extort payment on a contract the bank never fulfilled.
If the bank refuses to perform, then they must return the mortgage note. If the bank
wishes to perform, then they must make the loan. The past payments must be returned
because the bank had no right to lien the property and extort interest payments. The bank
has no right to sell a mortgage note for two reasons. The mortgage note was deposited
and the money withdrawn without authorization by using a forged signature and; two,
the contract was never fulfilled. The bank acted without authorization and is involved in
a fraud thereby damaging the alleged borrower.
Excerpts From “Modem Money Mechanics” Pages 3 & 6
What Makes Money Valuable? In the United States neither paper currency nor deposits
have value as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits
merely book entries. Coins do have some intrinsic value as metal, but generally far less
than face value.
Then, bankers discovered that they could make loans merely by giving their promises to
pay, or bank notes, to borrowers, in this way, banks began to create money. More notes
could be issued than the gold and coin on hand because only a portion of the notes
outstanding would be presented for payment at any one time. Enough metallic money
had to be kept on hand, of course, to redeem whatever volume of notes was presented
for payment.
Transaction deposits are the modem counterpart of bank notes. It was a small step from
printing notes to making book entries crediting deposits of borrowers, which the
borrowers in turn could "spend" by writing checks, thereby "printing" their own money.
Notes, exchange just like checks.
How do open market purchases add to bank reserves and deposits? Suppose the Federal
Reserve System, through its trading desk at the Federal Reserve Bank of New York,
buys $10,000 of Treasury bills from a dealer in U.S. government securities. In today's
world of Computer financial transactions, the Federal Reserve Bank pays for the
securities with an "electronic" check drawn on itself. Via its "Fedwire" transfer network,
the Federal Reserve notifies the dealer's designated bank (Bank A) that payment for the
securities should be credited to (deposited in) the dealer's account at Bank A. At the
same time, Bank A's reserve account at the Federal Reserve is credited for the amount of
the securities purchased. The Federal Reserve System has added $10,000 of securities to
its assets, which it has paid for, in effect, by creating a liability on itself in the form of
bank reserve balances. These reserves on Bank A's books are matched by $10,000 of the
dealer's deposits that did not exist before.
If business is active, the banks with excess reserves probably will have opportunities to
loan the $9,000. Of course, they do not really pay out loans from money they receive as
deposits. If they did this, no additional money would be created. What they do when
they make loans is to accept promissory notes in exchange for credits to tile borrower's
transaction accounts. Loans (assets) and deposits (liabilities) both rise by $9,000.
Reserves are unchanged by the loan transactions. But the deposit credits constitute new
additions to the total deposits of the banking system.
PROOF BANKS DEPOSIT NOTES AND ISSUE BANK CHECKS. THE CHECKS
ARE ONLY AS GOOD AS THE PROMISSORY NOTE. NEARLY ALL BANK
CHECKS ARE CREATED FROM PRIVATE NOTES. FEDERAL RESERVE BANK
NOTES ARE A PRIVATE CORPORATE NOTE (Chapter 48, 48 Stat 112) WE USE
NOTES TO DISCHARGE NOTES.
Excerpt from booklet Your Money, page 7: Other M1 Money
While demand deposits, traveler’s checks, and interest-bearing accounts with unlimited
checking authority are not legal tender, they are usually acceptable in payment for
purchases of goods and services.
The booklet, “Your Money”, is distributed free of charge. Additional copies may be
obtained by writing to: Federal Reserve Bank of Richmond Public Services Department
P.O. Box 27622 Richmond, Virginia 23261
CREDIT LOANS AND VOID CONTRACTS: CASE LAW
75.
“In the federal courts, it is well established that a national bank has not power to lend its
credit to another by becoming surety, indorser, or guarantor for him.”' Farmers and
Miners Bank v. Bluefield Nat 'l Bank, 11 F 2d 83, 271 U.S. 669.
76.
"A national bank has no power to lend its credit to any person or corporation . . . Bowen
v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US
682, 44 LED 637.
77.
“The doctrine of ultra vires is a most powerful weapon to keep private corporations
within their legitimate spheres and to punish them for violations of their corporate
charters, and it probably is not invoked too often .. .” Zinc Carbonate Co. v. First
National Bank, 103 Wis 125, 79 NW 229. American Express Co. v. Citizens State Bank,
194 NW 430.
78.
“A bank may not lend its credit to another even though such a transaction turns out to
have been of benefit to the bank, and in support of this a list of cases might be cited,
which-would look like a catalog of ships.” [Emphasis added] Norton Grocery Co. v.
Peoples Nat. Bank, 144 SE 505. 151 Va 195.
79.
"It has been settled beyond controversy that a national bank, under federal Law being
limited in its powers and capacity, cannot lend its credit by guaranteeing the debts of
another. All such contracts entered into by its officers are ultra vires . . ." Howard &
Foster Co. v. Citizens Nat'l Bank of Union, 133 SC 202, 130 SE 759(1926).
80.
“. . . checks, drafts, money orders, and bank notes are not lawful money of the United
States ...” State v. Neilon, 73 Pac 324, 43 Ore 168.
81.
"Neither, as included in its powers not incidental to them, is it a part of a bank's business
to lend its credit. If a bank could lend its credit as well as its money, it might, if it
received compensation and was careful to put its name only to solid paper, make a great
deal more than any lawful interest on its money would amount to. If not careful, the
power would be the mother of panics . . . Indeed, lending credit is the exact opposite of
lending money, which is the real business of a bank, for while the latter creates a liability
in favor of the bank, the former gives rise to a liability of the bank to another. I Morse.
Banks and Banking 5th Ed. Sec 65; Magee,
Banks and Banking, 3rd Ed. Sec 248." American Express Co. v. Citizens State Bank,
194 NW 429.
82.
"It is not within those statutory powers for a national bank, even though solvent, to lend
its credit to another in any of the various ways in which that might be done." Federal
Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).
83.
"There is no doubt but what the law is that a national bank cannot lend its credit or
become an accommodation endorser." National Bank of Commerce v. Atkinson, 55 E
471.
84.
"A bank can lend its money, but not its credit." First Nat'l Bank of Tallapoosa v.
Monroe . 135 Ga 614, 69 SE 1124, 32 LRA (NS) 550.
85.
".. . the bank is allowed to hold money upon personal security; but it must be money that
it loans, not its credit." Seligman v. Charlottesville Nat. Bank, 3 Hughes 647, Fed Case
No.12, 642, 1039.
86.
"A loan may be defined as the delivery by one party to, and the receipt by another party
of, a sum of money upon an agreement, express or implied, to repay the sum with or
without interest." Parsons v. Fox 179 Ga 605, 176 SE 644. Also see Kirkland v. Bailey,
155 SE 2d 701 and United States v. Neifert White Co., 247 Fed Supp 878, 879.
87.
"The word 'money' in its usual and ordinary acceptation means gold, silver, or paper
money used as a circulating medium of exchange . . ." Lane v. Railey 280 Ky 319, 133
SW 2d 75.
88.
"A promise to pay cannot, by argument, however ingenious, be made the equivalent of
actual payment ..." Christensen v. Beebe, 91 P 133, 32 Utah 406.
89.
“A bank is not the holder in due course upon merely crediting the depositors account.”
Bankers Trust v. Nagler, 229 NYS 2d 142, 143.
90.
"A check is merely an order on a bank to pay money." Young v. Hembree, 73 P2d 393.
91.
"Any false representation of material facts made with knowledge of falsity and with
intent that it shall be acted on by another in entering into contract, and which is so acted
upon, constitutes 'fraud,' and entitles party deceived to avoid contract or recover
damages." Barnsdall Refining Corn. v. Birnam Wood Oil Co.. 92 F 26 817.
92.
"Any conduct capable of being turned into a statement of fact is representation. There is
no distinction between misrepresentations effected by words and misrepresentations
effected by other acts." Leonard v. Springer 197 Ill 532. 64 NE 301.
93.
“If any part of the consideration for a promise be illegal, or if there are several
considerations for an unseverable promise one of which is illegal, the promise, whether
written or oral, is wholly void, as it is impossible to say what part or which
one of the considerations induced the promise.” Menominee River Co. v. Augustus Spies
L & C Co., 147 Wis 559. 572; 132 NW 1122.
94.
“The contract is void if it is only in part connected with the illegal transaction and the
promise single or entire.” Guardian Agency v. Guardian Mut. Savings Bank, 227 Wis
550, 279 NW 83.
95.
“It is not necessary for rescission of a contract that the party making the
misrepresentation should have known that it was false, but recovery is allowed even
though misrepresentation is innocently made, because it would be unjust to allow one
who made false representations, even innocently, to retain the fruits of a bargain induced
by such representations.” Whipp v. Iverson, 43 Wis 2d 166.
96.
"Each Federal Reserve bank is a separate corporation owned by commercial banks in its
region ..." Lewis v. United States, 680 F 20 1239 (1982).
97.
In a Debtor's RICO action against its creditor, alleging that the creditor had collected an
unlawful debt, an interest rate (where all loan charges were added together) that
exceeded, in the language of the RICO Statute, "twice the enforceable rate." The Court
found no reason to impose a requirement that the Plaintiff show that the Defendant had
been convicted of collecting an unlawful debt, running a "loan sharking" operation. The
debt included the fact that exaction of a usurious interest rate rendered the debt unlawful
and that is all that is necessary to support the Civil RICO action. Durante Bros. & Sons,
Inc. v. Flushing Nat 'l Bank. 755 F2d 239, Cert. denied, 473 US 906 (1985).
98.
The Supreme Court found that the Plaintiff in a civil RICO action need establish only a
criminal "violation" and not a criminal conviction. Further, the Court held that the
Defendant need only have caused harm to the Plaintiff by the commission of a predicate
offense in such a way as to constitute a "pattern of Racketeering activity." That is, the
Plaintiff need not demonstrate that the Defendant is an organized crime figure, a mobster
in the popular sense, or that the Plaintiff has suffered some type of special Racketeering
injury; all that the Plaintiff must show is what the Statute specifically requires. The
RICO Statute and the civil remedies for its violation are to be liberally construed to
effect the congressional purpose as broadly formulated in the Statute. Sedima, SPRL v.
Imrex Co., 473 US 479 (1985).
DEFINITIONS TO KNOW WHEN EXAMINING A BANK CONTRACT
BANK ACCOUNT: A sum of money placed with a bank or banker, on deposit, by a
customer, and subject to be drawn out on the latter's check.
BANK: whose business it is to receive money on deposit, cash checks or drafts, discount
commercial paper, make loans and issue promissory notes payable to bearer, known as
bank notes.
BANK CREDIT: A credit with a bank by which, on proper credit rating or proper
security given to the bank, a person receives liberty to draw to a certain extent agreed
upon.
BANK DEPOSIT: Cash, checks or drafts placed with the bank for credit to depositor's
account. Placement of money in bank, thereby, creating contract between bank and
depositors.
DEMAND DEPOSIT: The right to withdraw deposit at any time.
BANK DEPOSITOR: One who delivers to, or leaves with a bank a sum of money
subject to his order.
BANK DRAFT: A check, draft or other form of payment.
ANK OF ISSUE: Bank with the authority to issue notes which are intended to circulate
as currency.
LOAN: Delivery by one party to, and receipt by another party, a sum of money upon
agreement, express or implied, to repay it with or without interest.
CONSIDERATION: The inducement to a contract. The cause, motive, price or
impelling influences, which induces a contracting, party to enter into a contract. The
reason, or material cause of a contract.
CHECK: A draft drawn upon a bank and payable on demand, signed by the maker or
drawer, containing an unconditional promise to pay a certain sum in money to the order
of the payee. The Federal Reserve Board defines a check as, "...a draft or order upon a
bank or banking house purporting to be drawn upon a deposit of funds for the payment
at all events of, a certain sum of money to a certain person therein named, or to him or
his order, or to bearer and payable instantly on demand of."
QUESTIONS ONE MIGHT ASK THE BANK IN AN INTERROGATORY
Did the bank loan gold or silver to the alleged borrower?
Did the bank loan credit to the alleged borrower?
Did the borrower sign any agreement with the bank, which prevents the borrower from
repaying the bank in credit?
Is it true that your bank creates check book money when the bank grants loans, simply
by adding deposit dollars to accounts on the bank's books, in exchange, for the
borrower's mortgage note?
Has your bank, at any time, used the borrower's mortgage note, "promise to pay", as a
deposit on the bank's books from which to issue bank checks to the borrower?
At the time of the loan to the alleged borrower, was there one dollar of Federal Reserve
Bank Notes in the bank's possession for every dollar owed in Savings Accounts,
Certificates of Deposits and check Accounts (Demand Deposit Accounts) for every
dollar of the loan?
According to the bank's policy, is a promise to pay money the equivalent of money?
Does the bank have a policy to prevent the borrower from discharging the mortgage note
in "like kind funds" which the bank deposited from which to issue the check?
Does the bank have a policy of violating the Deceptive Trade Practices Act?
When the bank loan officer talks to the borrower, does the bank inform the borrower that
the bank uses the borrowers mortgage note to create the very money the bank loans out
to the borrower?
Does the bank have a policy to show the same money in two separate places at the same
time?
Does the bank claim to loan out money or credit from savings and certificates of
deposits while never reducing the amount of money or credit from savings accounts or
certificates of deposits, which customers can withdraw from?
Using the banking practice in place at the time the loan was made, is it theoretically
possible for the bank to have loaned out a percentage of the Savings Accounts and
Certificates of Deposits?
If the answer is "no" to question #13, explain why the answer is no.
In regards to question #13, at the time the loan was made, were there enough Federal
Reserve Bank Notes on hand at the bank to match the figures represented by every
Savings Account and Certificate of Deposit and checking Account (Demand Deposit
Account)?
Does the bank have to obey, the laws concerning, Commercial Paper; Commercial
Transactions, Commercial Instruments, and Negotiable Instruments?
Did the bank lend the borrower the bank's assets, or the bank's liabilities?
What is the complete name of the banking entity, which employs you, and in what
jurisdiction is the bank chartered?
What is the bank's definition of "Loan Credit"?
Did the bank use the borrowers assumed mortgage note to create new bank money,
which
did not exist before the assumed mortgage note was signed?
Did the bank take money from any Demand Deposit Account (DDA), Savings Account
(SA), or a Certificate of Deposit (CD), or any combination of any Demand Deposit
Account, Savings Account or Certificate of Deposit, and loan this money to the
borrower?
Did the bank replace the money or credit, which it loaned to the borrower with the
borrower's assumed mortgage note?
Did the bank take a bank asset called money, or the credit used as collateral for
customers' bank deposits, to loan this money to the borrower, and/or did the bank use the
borrower's note to replace the asset it loaned to the borrower?
Did the money or credit, which the bank claims to have loaned to the borrower, come
from deposits of money or credit made by the bank's customers, excluding the
borrower's assumed mortgage note?
Considering the balance sheet entries of the bank's loan of money or credit to the
borrower, did the bank directly decrease the customer deposit accounts (i.e. Demand
Deposit Account, Savings Account, and Certificate of Deposit) for the amount of the
loan?
Describe the bookkeeping entries referred to in question #13.
Did the bank's bookkeeping entries to record the loan and the borrower's assumed
mortgage note ever, at any time, directly decrease the amount of money or credit from
any specific bank customer's deposit account?
Does the bank have a policy or practice to work in cooperation with other banks or
financial institutions use borrower's mortgage note as collateral to create an offsetting
amount of new bank money or credit or check book money or Demand Deposit Account
generally to equal the amount of the alleged loan?
Regarding the borrowers assumed mortgage loan, give the name of the account which
was debited to record the mortgage.
Regarding the bookkeeping entry referred to in Interrogatory #17, state the name and
purpose of the account, which was credited.
When the borrower's assumed mortgage note was debited as a bookkeeping entry, was
the offsetting entry a credit account?
Regarding the initial bookkeeping entry to record the borrower's assumed mortgage note
and the assumed loan to the borrower, was the bookkeeping entry credited for the money
loaned to the borrower, and was this credit offset by a debit to record the borrower's
assumed mortgage note?
Does the bank currently or has it ever at anytime used the borrower's assumed mortgage
note as money to cover the bank's liabilities referred to above, i.e. Demand Deposit
Account, Savings Account and Certificate of Deposit?
When the assumed loan was made to the borrower, did the bank have every Demand
Deposit Account, Savings Account, and Certificate of Deposit backed up by Federal
Reserve Bank Notes on hand at the bank?
Does the bank have an established policy and practice to emit bills of credit which it
creates upon its books at the time of making a loan agreement and issuing money or socalled
money of credit, to its borrowers?
SUMMARY
The bank advertised it would loan money, which is backed by legal tender. Is not that
what the symbol $ means? Is that not what the contract said? Do you not know there is
no agreement or contract in the absence of mutual consent? The bank may say that they
gave you a check, you owe the bank money. This information shows you that the check
came from the money the alleged borrower provided and the bank never loaned any
money from other depositors.
I’ve shown you the law and the bank’s own literature to prove my case. All the bank did
was trick you. They get your mortgage note without investing one cent, by making you a
depositor and not a borrower. The key to the puzzle is, the bank did not sign the contract.
If they did they must loan you the money. If they did not sign it, chances are, they
deposited the mortgage note in a checking account and used it to issue a check without
ever loaning you money or the bank investing one cent.
Our Nation, along with every State of the Union, entered into Bankruptcy, in 1933. This
changes the law from "gold and silver” legal money and “common law” to the law of
bankruptcy. Under Bankruptcy law the mortgage note acts like money. Once you sign
the mortgage note it acts like money. The bankers now trick you into thinking they
loaned you legal tender, when they never loaned you any of their money.
The trick is they made you a depositor instead of a borrower. They deposited your
mortgage note and issued a bank check. Neither the mortgage note nor the check is legal
tender. The mortgage note and the check are now money created that never existed,
prior. The bank got your mortgage note for free without loaning you money, and sold the
mortgage note to make the bank check appear legal. The borrower provided the legal
tender, which the bank gave back in the form of a check. If the bank loaned legal tender,
as the contract says, for the bank to legally own the mortgage note, then the people
would still own the homes, farms, businesses and cars, nearly debt free and pay little, if
any interest. By the banks not fulfilling the contract by loaning legal tender, they make
the alleged borrower, a depositor. This is a fraudulent conversion of the mortgage note.
A Fraud is a felony.
The bank had no intent to loan, making it promissory fraud, mail fraud, wire fraud, and a
list of other crimes a mile long. How can they make a felony, legal? They cannot! Fraud
is fraud!
The banks deposit your mortgage note in a checking account. The deposit becomes the
bank’s property. They withdraw money without your signature, and call the money, the
banks money that they loaned to you. The bank forgot one thing. If the bank deposits
your mortgage note, then the bank must credit your checking account claiming the bank
owes you $100,000 for the $100,000 mortgage note deposited. The credit of $100,000
the bank owes you for the deposit allows you to write a check or receive cash. They did
not tell you they deposited the money, and they forget to tell you that the $100,000 is
money the banks owe you, not what you owe the bank. You lost $100,000 and the bank
gained $100,000. For the $100,000 the bank gained, the bank received government
bonds or cash of $100,000 by selling the mortgage note. For the loan, the bank received
$100,000 cash, the bank did not give up $100,000.
Anytime the bank receives a deposit, the bank owes you the money. You do not owe the
bank the money.
If you or I deposit anyone's negotiable instrument without a contract authorizing it, and
withdraw the money claiming it is our money, we would go to jail. If it was our policy to
violate a contract, we could go to jail for a very long time. You agreed to receive a loan,
not to be a depositor and have the bank receive the deposit for free. What the bank got
for free (lien on real property) you lost and now must pay with interest.
If the bank loaned us legal tender (other depositors’ money) to obtain the mortgage note
the bank could never obtain the lien on the property for free. By not loaning their money,
but instead depositing the mortgage note the bank creates inflation, which costs the
consumer money. Plus the economic loss of the asset, which the bank received for free,
in direct violation of any signed agreement.
We want equal protection under the law and contract, and to have the bank fulfill the
contract or return the mortgage note. We want the judges, sheriffs, and lawmakers to
uphold their oath of office and to honor and uphold the founding fathers U.S.
Constitution. Is this too much to ask?
What is the mortgage note? The mortgage note represents your future loan payments. A
promise to pay the money the bank loaned you. What is a lien? The lien is a security on
the property for the money loaned.
How can the bank promise to pay money and then not pay? How can they take a
promise to pay and call it money and then use it as money to purchase the future
payments of money at interest. Interest is the compensation allowed by law or fixed by
the parties for the use or forbearance of borrowed money. The bank never invested any
money to receive your mortgage note. What is it they are charging interest on?
The bank received an asset. They never gave up an asset. Did they pay interest on the
money they received as a deposit? A check issued on a deposit received from the
borrower cost the bank nothing? Where did the money come from that the bank invested
to charge interest on?
The bank may say we received a benefit. What benefit? Without their benefit we would
receive equal protection under the law, which would mean we did not need to give up an
asset or pay interest on our own money! Without their benefit we would be free and not
enslaved. We would have little debt and interest instead of being enslaved in debt and
interest. The banks broke the contract, which they never intended to fulfill in the first
place. We got a check and a house, while they received a lien and interest for free,
through a broken contract, while we got a debt and lost our assets and our country. The
benefit is the banks, who have placed liens on nearly every asset in the nation, without
costing the bank one cent. Inflation and working to pay the bank interest on our own
money is the benefit. Some benefit!
What a Shell Game. The Following case was an actual trial concerning the issues we
have covered. The Judge was extraordinary in-that he had a grasp of the Constitution
that I haven’t seen often enough in our courts. This is the real thing, absolutely true. This
case was reviewed by the Minnesota Supreme Court on their own motion. The last thing
in the world that the Bankers and the Judges wanted was case law against the Bankers.
However, this case law is real.
_______________________________________________________________________
STATE OF MINNESOTA IN JUSTICE COURT COUNTY OF SCOTT TOWNSHIP
OF CREDIT RIVER
)MARTIN V. MAHONEY, JUSTICE
FIRST BANK OF MONTGOMERY, Plaintiff, ) CASE NO: 19144
Vs. ) JUDGMENT AND DECREE
Jerome Daly, Defendant. )
The above entitled action came on before the court and a jury of 12 on December 7,
1968 at 10:00 a.m. Plaintiff appeared by its President Lawrence V. Morgan and was
represented by its Counsel Theodore R. Mellby, Defendant appeared on his own behalf.
A jury of Talesmen were called, impaneled and sworn to try the issues in this case.
Lawrence V. Morgan was the only witness called for plaintiff and defendant testified as
the only witness in his own behalf.
Plaintiff brought this as a Common Law action for the recovery of the possession of lot
19, Fairview Beach, Scott County, Minn. Plaintiff claimed titled to the Real Property in
question by foreclosure of a Note and Mortgage Deed dated May 8, 1964 which plaintiff
claimed was in default at the time foreclosure proceedings were started. Defendant
appeared and answered that the plaintiff created the money and credit upon its own
books by bookkeeping entry as the legal failure of consideration for the Mortgage Deed
and alleged that the Sheriff’s sale passed no title to plaintiff. The issues tried to the jury
were
whether there was a lawful consideration and whether Defendant had waived his rights
to complain about the consideration having paid on the note for almost 3 years. Mr.
Morgan admitted that all of the money or credit which was used as a consideration was
created upon their books that this was standard banking practice exercised by their bank
in combination with the Federal Reserve Bank of Minneapolis, another private bank,
further that he knew of no United States Statute of Law that gave the Plaintiff the
authority to do this. Plaintiff further claimed that Defendant by using the ledger book
created credit and by paying on the Note and Mortgage waived any right to complain
about the consideration and that Defendant was estopped from doing so. At 12:15 on
December 7, 1968 the Jury returned a unanimous verdict for the Defendant. Now
therefore by virtue of the authority vested in me pursuant to the Declaration of
Independence, the Northwest Ordinance of 1787, the Constitution of the United States
and the Constitution and laws of the State Minnesota not inconsistent therewith.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED
That Plaintiff is not entitled to recover the possession of lot 19, Fairview Beach, Scott
County, Minnesota according to the plat thereof on file in the Register of Deeds office.
That because of failure of a lawful consideration the note and Mortgage dated May 8,
1964 are null and void.
That the Sheriffs sale of the above described premises held on June 26, 1967 is null and
void, of no effect.
That Plaintiff has no right, title or interest in said premises or lien thereon, as is above
described.
That any provision in the Minnesota Constitution and any Minnesota Statute limiting the
Jurisdiction of this Court is repugnant to the Constitution of the United States and to the
Bill of Rights of the Minnesota Constitution and is null and void and that this Court has
Jurisdiction to render complete Justice in this cause.
That Defendant is awarded costs in the sum of $75.00 and execution is hereby issued
therefore.
A 10 day stay is granted.
The following memorandum and any supplemental memorandum made and filed by this
Court in support of this judgment is hereby made a part hereof by reference.
BY THE COURT
Dated December 9, 1969
MARTIN V. MAHONEY
Justice of the Peace Credit River Township Scott County, Minnesota
MEMORANDUM
The issues in this case were simple. There was no material dispute on the facts for the
jury to resolve. Plaintiff admitted that it, in combination with the Federal Reserve Bank
of Minneapolis, which are for all practical purposes because of their interlocking activity
and practices, and both being Banking Institutions Incorporated under the laws of the
United States, are in the Law to be treated as one and the same Bank, did create the
entire $14,000.00 in money or credit upon its
From the Phil Daniels proposed Foundation to Prevent Fraudulent Foreclosures or
F.P.F.F