Blue Ridge Springs Orchard

blueridgesprings.com

 

April 14, 2015

President of the United States
Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Re: Racketeering by the USDA and Form SF-95

Dear Mr. President:

Mr. President, I’ve always been your ally and supporter. I mean absolutely no disrespect to you or your administration in sending this letter. I’m fully aware your administration inherited many issues of corruption in government at the IRS, VA, CIA, NSA, and the Secret Service, I’m writing to you regarding corruption at the USDA and in the Federal Judiciary for three primary reasons.

First Federal Judge Jackson L. Kiser informed me you were the top law enforcement official in the country and it would take executive action on your part to rectify the tyrannical despotic operations of the United States Department of Agriculture, which destroyed my life’s work and relegated my family to homelessness. Given the Federal Courts have ignored numerous federal laws, their judicial oaths of office, and all prior legal precedent, and justified their opinions with deceit, deception, intentional misrepresentation, and outright lies. All of which I’m happy to provide evidence of before the jury I demanded as a constitutional right. It follows, the Judiciary is not performing its appointed duties and your intervention under the take care clause 5 of Article 2 of the United States Constitution is required to protect the laws and the Constitution of the United States.  As President, it is your sworn duty to uphold federal law for racketeering against the USDA and the Federal Judiciary for aiding and abetting this enterprise, violating their oaths of office, and violation of 42 U.S.C. §1983 for justice, the law, and the U.S. Constitution to prevail.

Secondly, Judge Jackson L. Kiser and his cohorts – Judge Clyde H. Hamilton, Robert B. King, and Barbra M. Keenan of the fourth circuit court of appeals have intentionally ignored numerous federal laws, all legal precedent, and their judicial oaths to railroad this case and assist the USDA in the commission of a racketeering operation objective to steal constitutional rights to trial by jury, They have prevented this case from any evidentiary hearings or ever being heard in a courtroom and have granted the USDA extraordinary deference to write there own laws to avoid attaching financial damages for numerous acts of negligence, fraud, mail fraud, discrimination, conspiracy, and countless other crimes including perjury. Deference I might add several Supreme Court justices have recently argued as Un–Constitutional. [1] I am now dependent on the 1 percent chance the Supreme Court of the United States will grant my petition for certiorari. With the court’s track record in this case I cannot help but be highly skeptical of a positive outcome. I believe with your background in constitutional law and the fact, the leader of this organized crime ring works for you, you may find it of interest therefore; I have included a copy of my Supreme Court Petition with this letter for your reference.

Third, Judge Kiser dismissed part of this lawsuit without prejudice on grounds that I must first file form SF-95 with the USDA requesting permission from a racketeer-influenced corrupt organization (RICO) permission to sue them for being corrupt. I find such to be beyond common right and reason, a violation of due process, and unconstitutional, no agency should be judged in its own case; therefore, since Mr. Vilsack, a member of your cabinet, runs and operates this criminal operation, I’m deferring my form SF-95 submission to you, his manager.

The form is enclosed with this communication. Mr. President, having spent more than 2 years and never having had a trial, an opportunity for discovery, an evidentiary hearing, or the opportunity even for my grievance and evidence to be heard the statute of limitations clock on filing form SF-95 is about to expire. I requested a leave of the Supreme Court to motion for equitable tolling; however, I did not receive a timely response, and given the treatment, I have already encountered in the Federal Courts, I have every reason to believe it would not be granted even though the court has recently questioned the constitutionality of deference. The extraordinary deference granted in this case is highly relevant to an assessment of the legal damages. Furthermore, the district and appellate courts’ actions leave me with no respect for the institution, and highly skeptical that we’ll ever see justice in this matter from the Federal Court system.

The Federal Courts seem determined to aid, abet, and protect the criminal operations and protect the criminals in this agency. I personally believe for an executive branch of government to have established its own court system where the federal rules of evidence do not apply, the rights of due process are totally ignored, and there is no stare decisis is unconstitutional given the specific separation of powers specified by Articles 1, 2 and 3 of the constitution. For an executive branch of the government to have usurped judicial powers where they serve corruption in the executive branch rather than the interest of the people seems highly unconstitutional–downright criminal. A heinous operation you would expect the judiciary would likely demand to dismantle rather than protect. This leads me to serious questions about the judiciary’s true resolve to protect us the people, and the constitution from a tyrannous despotic government.

Mr. President, I wrote to you regarding the issues my family encountered as a result of Dodd-Frank legislation and criminal activities by the USDA in 2012. Additionally, I copied you on a letter, which I wrote to each member of the Senate Banking Committee in January 2013. I appreciate the fact each of these letters received a response from your office. However, it was quite ironic you or your office forwarded my letter of January 2013 to Christopher P. Beyerhelm USDA Deputy Administrator of Farm Loan Programs, who eventually responded, he would not be able to have any involvement with our issues as they were pending with the (USDA) National Appeals Division (NAD) but, he would forward some of our issues on to the Consumer Financial Protection Bureau (CFPB) although they seem to have no record of it.

This was ironic for 2 reasons; first I had already made a complaint to the CFPB. But much more importantly Mr. Beyerhelm’s negligence was a factor in wiping out everything my wife and I worked so hard to accomplish. You see Mr. Beyerhelm is one of the many USDA employees named as defendants in the lawsuit against the USDA for racketeering.

The federal courts have railroaded this case, ignoring federal laws and all prior precedent ultimately leaving my family now in our 3^rd year attempting to get justice from an absolutely corrupt despotic federal agency aided and abetted by a corrupt Federal Judiciary. I find it very disturbing to know the RICO act has been used against numerous states, and local government agencies in cases where the courts have always found a RICO enterprise not to be protected by sovereign immunity. In fact, Mr. President, the courts found in United States v. Warner, 498 F.3d 666, 694-97 (7th Cir. 2007), the Seventh Circuit held that your home “State of Illinois was properly charged as the RICO enterprise that was the victim of corrupt office holders’ pattern of racketeering activity”. How is it, that a state RICO has no sovereign immunity while a Federal Agency RICO operated by an executive branch of government is protected?

Overall, our story is long and complex, it would as Mrs. Janice Pigford says regarding their case with the USDA, ” Take Jesus Christ himself to come back here and straighten out this whole mess.” This seems to be the specific intent of the USDA and the Federal Courts, although I’m confident in an honest jury’s ability to find the appropriate answer but, it seems highly unlikely the Government will ever allow that to happen. This brings me to an explanation as to the demands of the lawsuit, which I believe the country deserves.

By the time the lawsuit was filed, we had experienced negligence, on a massive scale, countless acts of fraud, mail fraud, obvious discrimination, violations of the FCRA, FOIA, obstruction of justice in the form of perjury, denied an opportunity to present relevant evidence of these in our defense and being disallowed to present a defense for violating a regulation that was not a regulation when it was broken. Our stellar personal credit had been irreparably damaged as well as being unemployed and relegated to homelessness. At this point, we had become quite aware of the racketeering operations being orchestrated by the USDA to avoid responsibility and accountability for the criminal acts of its employees. Everything we had worked our whole lives to accomplish was being destroyed by a criminal RICO enterprise operated by the USDA.   How do you place a value on this small sample of the damages caused by criminal incompetent USDA-run government agencies?

• 20 plus years of saving until it hurt to amass the financial ability to make this effort – lost
• The devastation of a business plan for which you had already provided 6 years of development, planning, financial resources, and hard manual labor to implement – lost.
• A business plan that was on the verge of getting established when the market demand was growing rapidly – was lost.
• A viable business development opportunity providing jobs in a rural Hud-Zone in serious need of economic stimulus – lost.
• Multi-million-dollar life insurance policies which you will never be able to replace – lost.
• A lifetime of planning to be able to provide care and comfort to your literally poor mom – irreplaceably lost.
• Time to spend with her and her to spend with you and the only granddaughter you gave her – forever irreplaceably lost.
• Being forced into homelessness in your fifties with a young daughter now only 8. How can you replace the childhood she’s had with the one she should’ve had? Forever irreplaceably lost.
• The absolutely despicable fact the USDA is running a RICO operation with taxpayer dollars to hide its incompetent mismanagement, protect its employees from criminal prosecution, and avoid accountability and responsibility. All with malice and specific intent to destroy the lives of struggling farmers whom they’re legislatively directed to assist. Unconscionable!

That’s just the beginning of a very very long list of devastating consequences from the incompetent criminal and corrupt mismanagement of federal resources at the USDA and the unwillingness of the Agency to simply admit a mistake.

• I was aware the USDA’s largest single legal settlement payout was 14 million dollars.
• I was aware that the agency had a 3-decade history of discrimination against, Blacks, White, Hispanics, and Women farmers, a history of sexual harassment, and had defended its discrimination successfully against white farmers because white farmers are not a protected civil class.
• I was aware although, I felt I’d been the victim of discrimination that as a married white, protestant, and heterosexual man I would have no success with a suit for discrimination.
• I was aware this criminal enterprise would continue to devastate and destroy small farms and farmers as it had for 3 decades if not stopped.
• I was well aware the stories of farmers from the last 3-decades were all very similar to mine.
• I am aware this institution needs to shut down or disinfected. Although the culture of this organization appears so culturally corrupt there’s no hope.
• I was evidently mistaken to believe with such a history, the Federal Courts would follow the law and use the powers of chapter 18 of 1964 to dismantle this criminal unconstitutional enterprise.

Form SF-95

• Requires the statement of a SUM certain for settlement. It, therefore, denies me the liberty, and the property conveyed to me by congress in chapter 18 §1964(c) to pursue this proceeding for the farmers and people of this country.
  • It denies me the opportunity to leverage the grant of treble damages.
  • It denies me the opportunity to leverage the grant of attorney’s fees.
  • It affords the USDA the opportunity to settle this without granting the court the opportunity to exercise statutory remedies like dissolution or reorganization, which RICO authorizes.
  • It offers no opportunity to make any demands for relief from the agency outside of a monetary one. No opportunity to demand changes to put this racket out of business.

The Original Suit filed in Federal District Court:

• The original suit requested 1 million dollars a month in damages for all of the reasons stated above and more, but mostly because the Agency was operating a conspiracy of devastation against my family and friends simply because it wished to cover up its crimes, incompetence, and had unlimited time and resources to do so.
• The original suit requested 1 million dollars a month until settlement. Because of the agency’s specific intent to do harm to my family and friends in order to avoid accountability and responsibility for their criminal behavior and it needed to end post haste or have consequences.
• The suit requested 1 million each for 4 other individuals whose lives were devastated and irreparably damaged by these same actions.
• It was intended for this case to never be settled but carried it into trial expecting to win so the court would have the opportunity afforded under RICO to dismantle this criminal unconstitutional enterprise.
• While RICO suits are for damages to an individual’s property and business, legal precedent suggested the torts may be actionable too however, these could be subjected to provisions of the FTCA. Which came first the chicken or the egg? Deference dictated.
• The suit also sought repayment of fees paid to FSA for services, that the agency never provided.
• And for the Agency to repay the plaintiffs for the cost of Mediation which was nothing more than an agency scam, a tool of the racketeering operation.
• The suit also requested all payments net of taxes. Because previous successful litigants against the USDA claim the IRS partnered with the USDA in retaliation for the suits. Are all the tens of thousands of claims against the USDA valid? I don’t know, but I have experienced and seen their corruption firsthand.

The original suit totaled $14,000,370.25.

Add to that 1 million a month for 19 months only through April 2015.

$19,000,000.00

Add to that the congressional mandate in a RICO case of treble damages:

19+14= 33,000,370.25 * 3 = $99,001,110.75

Plus attorney fees granted by RICO for 28 months based on my last corporate salary at Bank of America 100,000.00 a year is 233,333.36 = $99,234,444.11

Add to that all required federal and state tax payments: will just use an overall estimated tax rate of 42% so the bottom line is $140,912,910.64.

That’s a drop in the bucket compared to the 18 billion dollar settlement the DOJ just made with Bank of America plus all the other financial institution settlements made by the DOJ for their roles in the mortgage and financial market collapse. The mortgage collapse and the implementation of Dodd-Frank is the only reason a request ever had to be made of the FSA/USDA for a farm loan in the first place.

If Brian Moynihan, my former employer, is worth 18 million a year my family, friends and I are worth 12.

Oh, I’ll just let the 29.5 percent interest asked for in the original suit, because American Express hit me with it when I was one day late with a payment for the first time in my life because of this mess slide.

Based on the court’s finding for a lack of jurisdiction, this letter and the attached documents, I find satisfy the court’s ruling effectively, that form SF- 95 be submitted. The Agency may now take their six months on top of the already 2 years they’ve known about these complaints to think about their future in court. I will be better prepared when refilling this suit and more. Upon a ruling from SCOTUS, every public avenue to disclose the truth will be pursued.

Mr. President, I had no desire to travel any part of this road. I simply was working very hard on the American Dream when a financial collapse caused by highly overpaid idiots prompted Congress to implement some bad legislative provisions with Dodd-Frank. This left me no alternative but to pursue the only financing option available – a rural farm loan with the USDA/FSA farm loan program. The criminal negligence, “My opinion” which resulted in the criminal acts committed by this agency led directly to the criminal unconstitutional racketeering enterprise operated by the Secretary of Agriculture. A fraudulent criminal racketeering enterprise that:

• Denies individual constitutional rights while usurping the judicial system.
• Allows the commission of crimes hiding behind sovereign immunity.
• Intentionally grants extraordinary deference to incompetence.
• Designed to eliminate damages with deference segregated by misuse of the FTCA from the crimes that were perpetrated on their victims.
• Designed to avoid accountability or responsibility for the corrupt incompetent administration of the people’s resources and to manage legal risk expenses.
• Designed to prevent an appellant’s presentation of relevant evidence.
• Designed to hide the truth in any case by only making available the perverted corrupt self-opinionated hearing officer “and/or” Ha! Ha! Director’s ruling protects the system and the powers in Government.
• Designed for no transparency on any hearing or challenge or brief, just corrupted judges’ opinions and orders available for public review.
• Designed not just by shielding case history but also with intentional acts to avoid stare decisis from any other appellate hearing.

Mr. President, petition copies for the Supreme Court are expensive, especially when you’ve been forced into homelessness by a government agency and had to spend more than 2 years in legal maneuvers against a defendant with unlimited time and resources. So when you’re finished reading my petition, could you please sign this copy and return it.

I have done and will continue with my last breath to perform my civic duty to the best of my ability to put an end to tyranny and despotism by the U.S. Government.

I consider my obligation to file form SF-95 complete and respect that you will ensure that its appropriately handled and filed.

A judge that justifies his opinions with lies and balances the scales of justice with deceit, deception, misdirection, obfuscation, and misrepresentation is a criminal as are those who look the other way. They have no Honor.

Mr. President, I respectfully request you perform your sworn duty with regard to the take care clause under the 2^nd amendment to the Constitution.

All that’s necessary for the triumph of evil is for those in power to do nothing.

Thank you Mr. President for your time and your service.

Sincerely,

Christopher. B. Julian

The Julian Family

474 Orchard View Drive

Ararat, Virginia 24053

Christopher.b.julian@gmail.com

CC: Secretary of Agriculture

1400 Independence Avenue, S.W.
Mail Stop 0101 Room 200-A

Washington, DC 20250

Assistant Secretary Agriculture Admin.

1400 Independence Avenue, S.W.
Mail Stop 0103 Room 240-W

Washington, DC 20250

Dept of Agriculture White House Liaison

1400 Independence Avenue, S.W.
Mail Stop 0112 Room 507-A

Washington, DC 20250

Chris P. Beyerhelm

Deputy Administrator for Farm Loans Programs

U, S. Department of Agriculture

Farm Service Agency Stop 0520

1400 Independence Avenue, SW

Washington, D. C. 20250-0520

As an update to this posting, it should be noted the Supreme Court denied the petition for certiorari on April 27, 2015, just as expected. The reason this letter was submitted to the President and the Secretary of Agriculture prior to the 2-year deadline under the FTCA. Interesting questions arise as RICO has no statute of limitations and the Supreme court just ruled in favor of equitable tolling under the FTCA. See United States v. Wong decided on April 22, 2015. 

The White House has not responded in any way to this communication. Are President Obama and Presidents Clinton’s involvement in Piggford and Piggford II perhaps related to ignoring these charges from a white man and protecting the Government which Obama is now in charge of.

Some info on Obama, Clinton, & Vilsack

[1] See Justice Scalia and Thomas’s comments in National Law Review on December 4, 2014. See also Scalia and Thomas’s individual opinions in the recent decisions on Perez & Nickols v. Mortgage Bankers Association Decided March 9, 2015

Corrected error not 2nd amendment but Article 2 clause 5.