On April 27th 2015 the Supreme Court denied Certiorari to petition 14-1051. This Petition ask three questions but the number #1 question was “Is a Racketeer Influenced Corrupt Organization (RICO) Enterprise operating in and by a Federal Agency protected from civil suit for violation of the RICO act 18 U.S.C. 1964(C) for violations of 1961 and 1962 (a-d) by sovereign immunity or by provisions of the Federal Tort Claims Act (FTCA)?
The Federal Court and the appellate court upheld that failure to evoke the FTCA was a fatal flaw in my case. However, Civil Rico is not a suit for any TORT. It requires the commission of multiple felonies or torts to be invoked but, the federal statue states the law applies to the operation of an enterprise defined in 1962 causing damages to an individuals business and property stated in U.S.C.18 1964″ (c) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee” Additionally, all precedent history indicates an Enterprise to be a separate entity that does not enjoy sovereign immunity protection.
On March 24, 2014 The Federal district court Of VAWD ruled it lacked jurisdiction in the matter because I had not asked the USDA for permission (i.e filed form SF-95 requesting permission of USDA to sue them for being corrupt). The 4th Circuit court of appeals upheld this ruling!. Neither court offered any explanation of any kind as to how this was the case when all the precedent and stare decisis and prior statements of the supreme court were contrary to this ruling. I found no record of any precedent being set for a Federal Agency being charged with violation of this Federal crime nor any suggestion in any case precedent or Supreme Court decision this statute would not apply to the USDA or any other government agency for that Matter
. ” In United States v Angelilli 660 F. 2d 23 the second circuit stated in paragraph 27 available here http://openjurist.org/660/f2d/23/united-states-v-angelilli the following.” 27 ” In sum, we view the language of § 1961(4), defining enterprise, as unambiguously encompassing governmental units, and we consider that the purpose and history of the Act and the substance of RICO’s provisions demonstrate a clear congressional intent that RICO be interpreted to apply to activities that corrupt public or governmental entities. We note that this view is shared by virtually every other court that has considered the question.
” In United States of America v. Lawrence E. Warner and George H. Ryan, Sr. (2007) p 74-75 . The Second circuit addressed Sovereign immunity and provides a significant list of precedent to support that a Racketeering enterprise does not benefit from immunity. ”
This RICO enterprise is operated by the USDA’s budget for risk management. There is nothing wrong per se with having a risk management operation or even a legal risk management operation. There is however, a serious problem with running a risk management operation illegally, and in violation of individual constitutional rights, and in violation of Federal Law with the unlimited financial support of the U.S. Government and the largest Legal firm in the world at your disposal. For the express purpose of denying constitutional rights to due process. It is this very conflict of interest- The DOJ can not prosecute a U.S. Agency for crimes and thats a prosecutorial gap civil rico was designed to remedy.
The USDA uses illegal tactics, illegal processes under the RICO act to operate this enterprise. They further abuse government power in its operation and every legal trick they can pull using federal protections as shields for their corruption. Furthermore, as in my case they have used deference to avoid attaching legal damages to 14 federal violations by a lawyers count. I personally find the count much larger but, I have information he did not.
This illegal unconstitutional racketeering operation is run by the USDA to avoid accountability and responsibility for the criminal acts of its’ employees and the incompetent mis management of the peoples resources. Which their doing with our tax dollars and this whole operation is designed for tranny, oppression and utter despotism of farmers, often poor farmers. The RICO statute 1964(a) grants the Federal Court the right to order “dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.” Therefore, had the courts heard this case the opportunity existed for the Judicial Branch of Government to preform their duty to the American people and put an end to the executive branches operation of this tyrannous enterprise. An absolute heinous act of terrorism operated by a Federal Agency for its own self preservation to the detriment of farmers and others.
It is precisely the duty of the Federal Courts to apply the law as written and to uphold the constitution of the United States. They are “We The Peoples” only protection from a Government bent on tyranny and oppression. This case lives on and if the Government continues to get its way likely on, and on, and on! It was not dismissed in the Federal Court with prejudice. I would also contend that based on crimes committed by Judge jackson L. Kiser the entire case history is void and unenforceable.
In mid April I delivered my request for permission from this corrupt organization to sue them for being corrupt. See my letter to the President posted on this blog. However, and this is why I’m so bothered by the courts denial of this petition. In making that request Government Form SF-95 I had to sign my name agreeing to accept as settlement a sum certain as stated on Form SF-95. If the USDA now wishes to put an end to this legal battle they can simply pay that sum certain.
The real disappointment here is – then this racket can continue to operate and frankly they will get off much cheaper to just pay me the large sum than to open themselves to the potential litigation that could follow me from all their prior criminal acts the last 3 decades. Consider for a moment they have already settled multiple class action filings for several billion dollars.
Thats why The Supreme Court are Traitors to the American People. They were given the opportunity to potentially do their Job to protect “We The People”: from tyranny and put an end to this heinous, criminal, illegal, and unconstitutional racketeering operation. A Chance to permanently end a reign of terrorism that has punished farmers for seeking help for more than 3 decades, They traitorously passed on it. How many more poor individuals will get raped, robbed and financially destroyed by this oppressive government agency? Because the Federal Courts protected this racket and the Supreme Court decided to let this petition and the USDA’s racketeering operation have a pass to continue on and on until?
If you never heard about the USDA’s despotic history I suggest these articles for a little history lesson.
1. http://old.seattletimes.com/text/2017876971.html From Old Seattle times.
2.http://www.npr.org/templates/story/story.php?storyId=113730694 From National Public Radio/NPR
3. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs141p2_015583.pdf NRCS USDA. Gov
4.http://deltafarmpress.com/white-farmers-suing-usdafsa Delta Farm Press “A particular favorite of mine”
5.http://www.ebony.com/black-listed/news-views/alabama-black-farmers-sue-usda-981#axzz2dehBlOEK “Ebony Magazine “follow the links on this one to more if you like”
I’m interested in any intelligent conversation on this subject. Please feel free to leave your comments!
I believe the Media will not cover this story because they fear retribution in the courts and government. Telling the people their really is no justice system could anger a mob.
Alexander Hamilton wrote in the Federalist essays describing the proposed new constitution.” I am not well versed in history, but I will submit to your recollection, whether liberty has been destroyed most often by the licentiousness of the people, or by the tyranny of rulers. I imagine, sir, you will find the balance on the side of tyranny.”
In June of 1776, delegates of the Virginia Convention adopted a declaration of rights that included the following statement:…In controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.” Less than one month later, representatives of all 13 colonies signed the Declaration of Independence, which cited “depriving us in many cases of the right to trial by jury” – a right granted to every British subject by Magna Carta in 1215 – as one of the chief reasons for breaking with the King and Mother England.”
The Court took this path the BS of jurisdiction to deny a trial by jury as demanded in the original complaint. While I find it interesting the Media will not report on this story. More interesting is the lack of remarks from a single legal pundit!
A blessed warm christmas cheer to the Supreme Court, 4th circuit court of appeals and especially the dishonorable judge Jackson L. Kiser who’s demise I await with great anticipation that I may raise my glass to the glory of God upon his death and drink to his eternal life in Hell!
Christopher B. Julian Pro-Se.