Judge Jackson L. Kiser sends U.S. Marshall with comments on my Blog.

Judge Jackson L. Kiser sends U.S. Marshall with comments on my Blog.

Untitled 1

Untitled 2

Untitled 3

Untitled 4

Untitled 5

Read the filing Judge Kiser refers to on page 1 Here Reply to Response DeCoster Sanctions.. Pay careful attention to what the filing actually says.

Update 3-3-2016 I invite you to read the blog post to which Judge Jackson L. Kiser has referred in his show cause order. I believe you will find that contrary to his statement of being wholly unsubstantiated in each article the allegations are backed up by supporting documentation and evidence. Secondly, if you carefully read the statement made in the court filing you will see that Judge Jackson L. Kiser’s allegation I called him and his court criminal and corrupt is not accurate but, was as he runs his court based entirely on his personal assumption and bias. Nowhere in that statement was his name or any reference to his courtroom made. It’s a statement no different than one repeated countless ways throughout the ages on issues with court neutrality and objective application of the law by countless judges.

Update 5-3-2017 It should have been noted long ago. Held in front of the Marshall is a document showing that plaintiffs were already scheduled to appear in court on the date of the Show cause order the Marshall is serving. I.E. Judge Kiser sent the U.S. Marshall purely and solely for the purpose of intimidation. 

Really nice public / Government employee rare find in Virginia.

Really Nice U.S. Marshall

Really Nice U.S. Marshall

Everyone is free to believe what

Everyone is free to believe what he or she tells himself or herself to believe. But facts don’t lie. So be sure before you lie to yourself that you know the facts.

Federal Court is not what you would expect. Let’s take a look at a few prime examples provided by the U.S. Attorney General’s Office of Western Virginia represented by Kartic Padmanabhan in the Federal District Court of Virginia Danville Division. Mr. Padmanabhan recently represented the USDA defendants in a Racketeer Influenced Corrupt Organization RICO lawsuit. Mr. Padmanabhan made a number of statements, which were very interesting to a Pro-Se victim for the first time ever in a courtroom.

Is a lie, a lie if you don’t know it’s a lie? Is it a lie if you claim you did not know you were lying? Ask a Federal Court Judge but find one that’s not a liar. Don’t ask an attorney they have to be liars they never know which side of a case they’ll be representing.

Mr. Padmanabhan has a job with an interesting parody to it. On the one hand, the DOJ prosecutes civilian criminals and occasionally government employees when they come under the scrutiny of Congress or the Senate. However, on the other side of the coin, the DOJ defends civil servants and Government Agencies who commit crimes against the people.

Interesting parody prosecutes criminal civilians and defends civil servants for the same crimes.

So here are a few questions to consider? Is it a crime for an attorney from the DOJ to lie to a federal court judge in a hearing? Is it a lie if you really don’t know you lying? How about, is it a lie if you sure as hell; should have known the truth about a material fact in a case?

Interesting because I’m not sure whether Mr. Padmanabhan was just outright lying to a Federal Court judge, or he simply had done a criminal job of reviewing the case! Maybe he had a bad memory or perhaps that’s just the way the DOJ operates in protecting bad government actors. Here are a few examples of Mr. Padmanabhan’s performance.

Example 1.

Mr. Padmanabhan made the following statements to the judge you may review the court transcripts here. See the first one is on page 7 top of the last paragraph. The second is on Page 10 center paragraph.

Judicial Review

More Judicial Review

But let’s take a look at what the complaint actually said about judicial review. This is taken directly from the complaint you can view it here see pleading with cover sheer this excerpt is on page 15.  Just how could it be stated any more clearly? But the Government did me a favor by assuming that was the intention.

Complaint Judicial Review

Example 2.

Mr. Padmanabhan tells the Judge plaintiff argues the house is not on the farm property. And the Judge explains that’s a problem with the plaintiff’s argument. Excerpt from the court transcript page 8 last paragraph.  see it here in the Court Trans script Motion Hearing.

House is not on the Farm

House not on farm the court

Court 2 not on the farm

Apparently, more than 7 months after filing the complaint, Mr. Padmanabhan did not read the complaint documents and exhibits or listen to the hearing tapes. The Judge apparently did not read or listen to them either. Why else would they be wrong about a material fact of the case? Yes, this is a material argument falsely represented by the NAD Director Roger Klurfield.

Take a look at this issue in the complaint filing on page 15 item 21. See it Here in Pleading as filed with Coversheet. House is on the FArm

That the house is actually on the farm is documented no less than ten times in the complete filing with exhibits.

Perhaps they got it wrong because the USDA NAD director attempted to justify a major portion of his position with this lie or perhaps this is the lie the NAD director etc. wanted the public to see. After all, only his summary of events goes on the public record.

Example 3. I love this one most of all. “ They acted clearly within the scope of their employment” See it here in the court transcript page 6 center paragraph.

Acted within the scope of their jobs

They’re accused of multiple acts of negligence, fraud, perjury, illegally accessing a credit report, providing inaccurate FOIA responses, discrimination, and violating the plaintiff’s constitutional rights, orchestrating a conspiracy effort to cover it all up. and running a Racketeer Influenced Corrupt Organization.  But “they acted clearly within the scope of their employment.”

The complaint details the date time and major events in order of occurrence. FRCP 9(f) States: “TIME AND PLACE An allegation of time or place is material when testing the sufficiency of a pleading” The pleading provided solid evidence of Fraud, Mail Fraud, and Perjury- Obstruction of justice with exhibits supporting the allegations. It detailed a multitude of other despicable acts involved in protecting the enterprise and the chronology is a pattern all in itself. It provided detail on the Predicate acts for a RICO filing and alleges a conspiracy to do so. It meets every requirement of a RICO filing although, it is not described as such because the court’s instructions were not to make legal arguments and cite cases or statutes. As a Pro-Se I don’t know how you meet the filing requirements of a RICO without making legal arguments and citing appropriate statutes? Can you?

Example 4.

The complaint has a one-line throwaway alleging a Racketeer Influenced Corrupt Organization and no other allegations. See that here in the court transcripts. Page 10 near the bottom.

No mention of RICO

No allegation is other than Negligence, Fraud, Mail Fraud, Perjury, Obstruction of Justice, discrimination, denial of service, FCRA violation, and FOIA violations. A conspiracy and a scheme to still constitutional rights. Look again at the paragraph that states USDA is operating a RICO and keep in mind a RICO is defined by the prerequisite of certain crimes. Mail Fraud and obstruction of justice. That a sequence of events and recurring criminal acts make a pattern and a conspiracy is conducted. And as a matter of FACT, this suit was filed on the docket as a RICO charge on day one.

Pr 24 RICO no other Allegations

This is what the supreme court said was required to state a claim.

State A claim

Everyone is free to believe what he or she tells himself or herself to believe. But facts don’t lie. So be sure before you fool yourself you know the facts. Because this court and this Attorney do not show any evidence of grasping them.

Response to Reply for Sanctions

JULIAN

Plaintiff(s),

vs.

James Rigney, Et Al,

Defendant(s).

))

)

)

)

)

)

)

Case Number:             4:13CV00054

 

 

 

CHRISTOPHER B. AND RENEE G. JULIAN’S REPLY TO RESPONSE FOR SANCTIONS OF KATHERINE DECOSTER.                         

REPLY TO RESPONSE TO MOTIONS FOR SANCTIONS.

Comes now Plaintiff’s s Christopher B. and Renee G. Julian in opposition to Katherine DeCosters response to motions for sanctions. Rule 5(b)(2)(E) is very specific “If the person consented in writing” Plaintiffs never consented in writing to any electronic form of service. Plaintiffs simply did Ms DeCoster a favor letting her know of her errors. Plaintiffs had no reason to object to her email and a response was merely a common curtsey. It is plainly direct, obvious, and observable that plaintiffs were made aware of these motions only by the courts service of the Roseboro notice. Plaintiffs would not have had such a notice had they not been Pro-Se. Plaintiffs never had any opportunity to make any motion or any reply with regards to Ms DeCosters motion for an extension of time to respond as the Court granted the motion without Plaintiffs having any knowledge of its existence. There is no way now nor was there ever anyway for this error to be justly corrected. The Jonesboro notice was the one and only reason Plaintiffs responded to the Motion to dismiss and plea of immunity. This was for Plaintiffs a very serious issue. It put Plaintiffs case in a very precarious situation as the Defendants motion was for failure to state a claim and given the lenience gifted in the filing of the complaint Plaintiffs could not jeopardize the case with a motion for default judgment.

Facts

  1. Motion for extension of time to file a response. Dkt 14 & 15

The Court new Plaintiffs were Pro-Se. This is evidenced by the issuance of the roseboro notice. The Court Clerk had informed Plaintiffs on inquiry Judge Jackson L. Kiser never grants Pro-Se Plaintiffs access to electronic filing. The Court knew when the Defendant filed the motion for extension of time to respond that it had not been served for this reason. This is further evidenced by the time the Court allowed for Plaintiffs to file an opposition ref dkt 14 & 17 and dkt 21 & 23 as opposed to the length granted when the USAG made the same motion; and note the Holiday weekend in the filing of dkt 21. The Court approved this motion knowing it was not effective. Dkt 17 Since Plaintiffs had no knowledge this motion had been filed until after receiving the roseboro notice from the court dkt 18 Plaintiffs never had any opportunity at all to oppose this motion.

  1. Motion to Dismiss for failure to state a claim and plea for Sovereign and qualified immunity.

This Motion placed Plaintiff’s in a very precarious position jeopardizing elements of our case. Plaintiffs had to respond to countless issues Sovereign Immunity, Qualified Immunity, failure to state a claim, etc raised in defense of Ms Johnson that were by rule subject to summary judgment as they were issues raised outside of the complaint, hence the rosesboro notice. Furthermore, Plaintiffs were subjected to numerous allegations in the motion of faults in the filing directly attributable to the courts instructions not to make legal arguments or citations. Had plaintiffs motioned for default judgment, a viable motion in response to failure to effect service, however, the court could have, and, we now know, would have dismissed Ms Johnson on failure to state a claim. Was that the courts prime objective? Defeating the primary reason Ms Johnson was named in this suit, Ms Johnson’s participation in aiding and abetting RICO USDA in the Commission of the enterprises objectives, an argument that had been completely pulled from the original complaint to comply with the Courts instructions not to cite statues, cases or make legal arguments. A compliance with the courts instructions, which caused Plaintiffs serious undue and unnecessary complications, and has significantly, delayed the entire process while causing significant physical and mental stress to plaintiffs as well as stealing precious time from our lives.

The Courts actions with regard to these two motions together with the Courts action approving the USAG’s motion for extension without granting Plaintiffs a single day of the Clerks Office being open to file an opposition, when the court clerk had been informed plaintiffs were attempting to file a responsive motion Exhibit AT. Plaintiffs viewed these actions as biased and prejudicial treatment by this court which resulted in Plaintiffs contacting the 4CCA on 11/14/ 2013 Exhibit AU attempting to file a grievance for prejudicial treatment by this court. Additionally, two articles on the experience were published on the internet “Legal Conundrum by Federal Rules of Civil Procedure 5(b)2(e) on January 1, 2014 and “Op Ed for the Federal District Courts” on January 15th 2014 after being denied publication by the Wall Street Journal. One additional article “ The Weak” discussing the experience was published on January 7, 2014. It is further worth noting that after all the motions had been filed the Court did not act to make a ruling and the moving party never motioned for a hearing or advised the court as prescribed by local rule 11(b). Did the Court and the Defendants council wait intentionally? There is absolutely no way to prove these acts were not coordinated between the court and the Defense Councils. And there is evidence in the docket of ex parte communication. Everyone is welcome to read any of our articles at Blueridgesprings on wordpress.com There will be many more to come.

Up-Date 4-26-2017 these are all facts that demonstrate bias on the part of this court.

                                                            CONCLUSION

A Corrupt Federal Agency aided and abetted by a Corrupt Federal Court is a travesty of justice for American Democracy an Insult to the U.S. Judicial system, to the constitution of the United States of America, and to Life, Liberty, and Justice for all. It results in tyranny, oppression, and absolute despotism of the people, justifying completely and succinctly the second amendment to the constitution of the United States.  There is no greater criminal than the criminal that sits on the bench robbing America of its foundations.

            Respectfully Submitted,

                                                                                    Christopher B. and Renee G. Julian Pro-Se

USDA Plays Dumb

Christopher B. Julian

474 Orchard View Drive

Ararat, Virginia, 24053

 

May 24, 2014

 

 

 

 

Mr. Kartic Padmanabhan,

 

Mr. Padmanabhan,

Please advise your clients at the USDA and NAD, Plaintiffs do not view the administrative record provided to the court as complete and accurate. While they have obviously stated such on a technicality, Plaintiffs view it as another example of the enterprises deceptive culture. Plaintiffs respectfully request pursuant to FRCP 37(a) NAD provide to the court the complete record of the Plaintiffs case. Plaintiffs assume the defendants have not provided the complete record on the technicality the documentation was retained under a separate case number NAD created during correspondence. Plaintiffs request that NAD provide the court with a complete administrative record for NAD Case No. 2013E000308 as it is inextricably tied to this case.

 

 

Thanks,

 

Christopher B. & Renee G. Julian

Pro-Se.

A Question of Corruption?

A Question of Corruption?

AMERICA COME ON!

REALLY?

What about it America? Should you be required to get permission from a ”corrupt racketeering operation” PERMISSION to sue a racketeer for being a “corrupt racketeering organization”? Is that any kind of logical?

Is the USDA free to run a Racketeer Influenced Corrupt Organization with impunity protected by sovereign immunity? Should we as American citizens not be outraged if that’s the case?

Can you believe the Federal District Court Dismissed 90% of the charges in our case based on a lack of Jurisdiction? Which they grant for failing to request permission from the USDA to file suit against them. From the court’s memorandum

of opinion page 15 see Memorandum Of Opinion here.

  • Court Dismisses our Rico Filing as not a waiver
  •  BUT We filed this suit not for Negligence, Fraud, Perjury, Discrimination, Denial of Service, Obstruction of Justice, Illegal access of our credit files, or taking money for services never provided.
  • But, for Racketeering under Chapter, 18 U.S. Code § 1961 The court acknowledges reading this. IT IS ALSO ON THE CIVIL COVER SHEET AND HOW THE CASE IS DOCKETED ON PACER.GOV. The venue is defined for 18 U.S. Code §1961 in  18 U.S. Code §1965

Venue

The US Courts have consistently held that 18 U.S. Code § 1964(c) Applies to Government entities. From the Memorandum to which the court refers above. See it in its entirety here

Rico Applies to Government entities.

RICO 1961(4)

RICO 1961(4) Enterprise.

RICO 1964(C)

1964 (C) Civial Remeidies

Congress has given Chapter 18 1961 private attorney general status by specifying the payment of attorney’s fees and providing incentive in the form of Treble Damages to private parties in pursuing a suit under this statue. A status vindicating a policy Congress considered of the highest priority.”

Private Attorney General

Again under 1964(C) Venue is appropriate in any United States District court.

America Come On! If a Federal statute is viewed by the courts to unambiguously encompass governmental units and the provisions demonstrate a clear congressional intent RICO be interpreted to apply to the activities that corrupt public or governmental entities. Surely they had no intention that a RICO enterprise inside the US Government would be protected by sovereign immunity. Does the court contend this Federal law does not apply to the USDA or U.S. Government agencies and their personnel? Is the USDA free to run a Racketeer Influenced Corrupt Organization with impunity protected by sovereign immunity? Should we as American citizens not be outraged if that’s the case?

Update 4-24-2017 Yes we should due process requires the government to operate legally and within the law. Running a RICO is in violation of Federal Law. Thomas Jefferson himself described Tyranny as “that which is legal for the government, but illegal for the citizenry” 

As to providing the court an argument for an alternative waiver of immunity. They have not allowed a single amendment to the complaint although they instructed us not to make legal arguments, or cite statutes, or cases in the original complaint. See our blog post on Manifest Injustice.

Furthermore, as to other crimes “TORTS’ are not considered predicates under Rico the courts have held the commission of other crimes is evidentiary in the establishment of a pattern of activity for the furtherance of a RICO’s operations. As to protection from suit for the crimes committed by USDA personnel, we have challenged the constitutionality of the FTCA provision requiring permission to sue when the suit is for racketeering.

It is unconstitutional to require a plaintiff to get permission from a ”corrupt racketeering operation” PERMISSION to sue this racketeer for being a “corrupt racketeering organization”? It simply shocks the American consciousness to require that we ask a corrupt USDA for permission to sue them for being corrupt. It manifests injustice.

While the Federal Court references information from the same page in their memorandum “they say” they never saw the constitutional challenge. Furthermore, they ignored all the other challenges to the FTCA found on page 17 (Mem Of Law in Opp to Def Mot to dismiss 17 [ECF 38] ) Under the heading FTCA. Note the reference in the first excerpt above. See it in entirety here Please feel free to read the entire memorandum.

FTCA Challenge

But They never saw it.

Courts denial of seeing challenge

They never saw it ?; even though the challenge is under the Heading FTCA and the court cited other statements from the same section. Corrupt Federal Court protecting a corrupt Federal Agency?  Who pays the Judges salary?

This court also denies Attorney’s Fees are a valid request although they cite a different statute again not the statute charged in this case.

Attorney's Fees

Come On America Really? No Attorneys don’t get paid for taking a private attorney general role but, I’m not an Attorney I’m a Pro-Se and the Court knows that.  Are you going to stand up and help fight this corruption or continue to allow the USDA to run a racketeering operation detrimental to the farming operations of this nation? They have already ruined hundreds of thousands of poor farmers. Tell Congress to stop the madness. Read more on USDA civil rights abuse history here. 

Find more articles on the USDA’s Civil rights history on our website blueridgesprings.com

  • This Court has created its own defense in direct conflict with the evidence. See our Blog  Corrupt Federal Court
  • Denied the application of Federal Statutes for Obstruction of Justice regarding Perjury by a USDA employee.  See our Blog Lies, Lying, liar.
  • Ignored the Federal Rules of Civil Procedure by not allowing a single amendment to a complaint. See our Blog Manifest Injustice.
  • Should this Court and this Judge be added as Defendants for Aiding and Abetting the commission of USDA’s RICO enterprise? By allowing Enterprise personnel to avoid accountability or responsibility for criminal acts? For Aiding the Enterprise in denying our right to present evidence and have a fair unbiased hearing. For Violating our civil right to a fair grievance process?

Federal Rules of Civil Procedure say a plaintiff’s complaint is to be interpreted in a light most favorable to the plaintiff but, this court’s memorandum is written completely in a light most favorable to the defense, almost, as though the defense had written it themselves. On other items reflecting the court’s lack of neutrality see our blog “Legal Conundrum Federal Rules of Civil Procedure” More to come on the lack of neutrality in this court’s opinion.

The Judge told us in the hearing we needed an attorney. What we really needed was an Honest Judge!

Next post to cover the beginning of our FSA story!

Lies, Lying, Liar, All in a days work at the USDA.

Come on America. There is absolutely no legitimate justification for a civil servant to lie under oath giving false testimony against the very people they are to serve!!!

Below the allegation of perjury made against Ronald A. Kraszewski Farm Loan Manager FSA / USDA Chatham VA.  In the original and only complaint allowed by the Federal District Court of Danville, VA.

P18 from Original and only Pleading

Here is the Audio Portion taken from the Hearing Audio file you may listen if you like to. Ronald K’s Perjury.wav

Exhibit’s G, Z, and A can be viewed here in the Complaint Exhibits Folder.

Or in the excerpt below

Form Exhibts G an Z.

Living Expenses or Labor

The complaint and the exhibits, all but the Audio recording were on Pacer for U S District Court Western District Case 4:13-CV-00054. Listen to Ron in the March 9th Pre Hearing relate labor to Living expenses.  Ron’s Ineptitude.

The Suit was filled on pacer with a civil cover sheet  against the USDA for Racketeering September 2012.  Follow along Please. The definition of  predicate act offenses for a charge under this RICO Statue includes predicate act 1503 (relating to Obstruction of Justice) at the bottom of the next exhibit. ‘Google of ‘Racketeering RICO’  and refer to  the Cornell law publication this came from. You can read the Complaint See the Pleading with Cover Sheet and Exhibits Here.

Image

 

Image

Would you agree the following excerpt makes sense.  “Whoever corruptly endeavors to influence, any officer in, or of any court of the United States, Or officer who may be serving at any examination”

  • Mr. Kraszewski testified under penalty of perjury to a hearing officer of the National Appeals Division of USDA an Agency of the U.S. Government.
  • He had conversations with Mr. Julian where, Mr. Julian requested to be paid living expenses.
  • He was asked multiple times by the hearing officer to confirm this and repeatedly made false statements regarding a material fact at issue in the hearing.
  • Listen for your self.  It’s a very disturbing life event to have a Civil Servant lying under oath in an attempt to cover for his incompetence knowing that if he is believed it will destroy everything you worked your whole life for.
  • Note that the original declination letter proved that FSA had made the assumption entirely on their own accord AND contrary to the documentation they had been given.
  • Living Expenses or Labor

Image

Mr. Kraszewski’s lie was an effort to protect a reason FSA gave for denying the loan . Like the allegation made that we requested to pay off real estate debt made without ever pulling a credit report. Debt that did not even exists!  And pulled from discussion by the hearing officer.

When I asked USDA to address this issue they told me to get an attorney! Now the Federal District Court is granting this crew sovereign immunity, and stating they did not do anything outside what might be a legitimate course of action for their job.

Come on America. There is absolutely no legitimate justification for a civil servant to lie under oath giving false testimony against the very people they are to serve on a material fact that would cause serious harm if effective. What kind of justice system lets such an act simply be described as a legitimate job function. Excerpt below was taken from the Judges memorandum of opinion you can find a link at the bottom of the page if you would like to explore the whole ruling.

Judges Assement of Lying under oath.

The hearing officer who was factually biased by the Agencies own handbook rules in this case. Covered for Mr. Rigney stating their was a disagreement about what was said. But the Facts and evidence available prove Mr. Kraszewski lied under penalty of perjury. 

Jerry King

From the Hearing Officers Ruling: see Exhibit AE in the Complaints link if you like to see the whole document.

I believe this qualifies as obstruction under the definition provided in 18 U.S. 1503 Influencing or injuring an Officer or Juror Generally! What do you Think America?

The Federal District Court Judge of Danville Judge Jackson L. Kiser said the following in his Memorandum Opinion verify on pacer if you like.

SEC 1503 Influencing an Officer

Update 4-24-2017 The Court fails to recognize the jury is to decide a case and the law is on trial just as much as the case to be decided. judge. The Jury should decide if its just part of the Agencies racket to obstruct justice.

See the Memorandum Opinion Here if you like.

This is all one big cover up of a corrupt Government Agency America. Think carefully what it means when Government employees are free to make false testimony under oath to your detriment without any ramifications. And Judges are granted the same immunity when they ignore the law!

**************************************************************************************************************

Update 7-26-2016

Look again think twice.

Under Title 5 Chapter 7 judicial review limits the courts review of agency action to a review of the agency record.

All events then, occurring in the compilation of the agency record, are directly attributable in a natural and continuous sequence unbroken, by an efficient intervening cause to be testimony before a Federal judge.

Chief Justice Harlan F. Stone said the juror ”is voting on the justice of the law according to his own conscience and convictions and not someone else’s. The law itself is on trial quite as much as the case which is to be decided”

18 U.S.C. 1503 ”or” 1505 is there really any deference is it really 1505 “and” 1503? The jury must decide!

Remember the court instructed us not to cite Statues, Make Legal Arguments, or Cite cases when filing the complaint and denied any amendment.

**************************************************************************************************************

Manifest Injustice

The USDA is a Racketeer Influenced Corrupt Organization, in conjunction with FSA, NAD, and affiliated state Mediation programs it is conducting a Racketeer Influenced enterprise for the financial purpose of mitigating legal expenses and covering up for the failure of poor management and training. Their protecting employees in the commission of crimes while destroying farmers, businesses, and lives.

Read below how the Federal District Court of Virginia the Court of the Traitor Judge Jackson L. Kiser is Aiding and Abetting this racketeering operation.

Below is the General Complaint form for Pro-Se litigants found on the Federal District Courts Western District of Virginia web site. The Court of  Judge Jackson L. Kiser.

Note: the Instructions. Provide Basic facts of your claim. The description of facts should be Specific. Do not give any legal arguments or cite cases or statutes.

Before filing the complaint I called the clerks office and complained; I did not find it possible to meet filing requirements with those instructions. The only answer given was, they would take it up with management.

Pro-Se Complaint Form

The Federal Rules of Civil procedure

Rule 8(a)2. Says the Pleading should contain “a short and plain statement of the claim showing that the pleader is entitled to relief”.

Rule 9(f) States “Time and Place: An allegation of time or place is material when testing the sufficiency of a pleading.

Rule 15(a)2 States the Court should freely give leave when justice so requires.

The best Pro_Se guide we found for the Federal Courts was that of California. It states very emphatically however, a complaint should be 25 pages or less, otherwise its not a brief.

Read our complaint it is designed to provide as much about what, when, where, and how it occurred “in time sequence”, as possible and provide specific evidence with the complaints exhibits proving allegations are true but, adhering to the instructions not to make legal arguments, cite cases, or statutes. Read the Complaint.

Don’t ask us WHY these criminals did what they did. We’ve been denied discovery for that. But, none of that has anything to do with the discovery along the way that the whole USDA mediation, and Administrative appeals program is a Racketeering Operation supplemented by intentional legal loop holes left in their program operations and an abuse of Sovereign Immunity to protect their criminal(s) behavior. This is a major reason why the courts ruling in our case is so corrupt! This enterprise is an act of treason warring against the Constitution and We The People.

  • The court granted absolutely no leave to amend the original complaint.
  • The judge stated during the one and only hearing “I have the discretion of permitting you to amend your complaint  if I think it will help but, you don’t have a right to amend your pleading.” As if to say Justice be damned!  Constitution be damned. Damn my oath of office.  Transcript page
  • Told not to site statutes, cases, or make legal arguments how in hell do you make allegations with sufficient specificity, reference sections, tell the whole story in under 25 pages? Told not to make the legal arguments and then denied an opportunity to correct deficiencies primarily a result of the courts instructions is criminal intent to obstruct justice.
  • Throughout the courts ruling, on numerous items in the complaint, The court argues we did not make the appropriate legal arguments. Cite the laws broken or provide sufficient support for our allegations. In opposition to the courts instructions!
  • Additionally, they mock us for attempting in reply briefs for trying to rectify issues caused primarily by those very instructions.

I call that Manifest Injustice.

Here is one of numerous examples from Page 38 of the courts ruling. Read the Ruling.

FCRA

Having formerly worked in Banking it is commonly accepted knowledge there are only 3 valid reasons under the FCRA to accesses someone’s credit file.

  1. If you have a valid application for Credit.
  2. If you have provided the creditor with pre-approved credit.
  3. If you are currently a creditor.

Having denied our application in November 2012 FSA was none of the above in February 2013.

Mr James Rigney FSA Farm Loan Officer and Mr. Ronald Kreaszewski FSA Farm Loan Manager  claim to be loan officers but fail to exhibit even basic lending industry knowledge. After denying the loan in November 2012 and claiming we were paying off debt we did not have when they never pulled a credit report. We requested they provide the copy we paid for them to obtain. So on February  8, 2013 they pulled a credit report and sent it via US Mail in an act of Fraud proffering it as the one used. I say that was an act of fraud and placing it in the us mail for that purpose was mail fraud.

This case was Filed with a civil cover sheet cause of action for Racketeering under the RICO statute 18 U.S.C. 1961 and is and always has been on the courts docket as such. See the Complaint Cover Sheet.

Update 4-21-2017– Don’t you think given a judges sworn oath to uphold the constitution he would have an obligation to his oath and the American people to investigate allegations of treason throughly?

The court instructed us not to cite statutes, cases, or make legal arguments in the complaint. But, the court has dismissed this cause of action without ever allowing the complaint to be amended to correct deficiencies caused by their own instructions.

  • We’ve never had opportunity to plead the RICO requirements.
  • Cite the Violation of predicate acts with specificity as required in a RICO filing.
  • Cite the Violation of Torturous acts with specificity as required

Note; However, the court was provided not only the allegation of these acts but more than sufficient evidence provided as exhibits to prove them to a preponderance of the evidence.

  • Cite the violation of other statues and evidence of uncharged crimes, admissible to prove the existence of the enterprise, A RICO Conspiracy, A defendants participation in both the continuity of the pattern of racketeering activity and other matters.
  • Make the legal arguments to support this cause of action and construct the pattern of activity to which the defendants aided and abetted the commission of the enterprises criminal function. While establishing the requisite continuity of a RICO charge. Establishing the long term pattern of USDA in running this enterprise to the detriment of US Farmers. It’s been going on now since 1994 and decimated hundreds of thousands of lives.
  • Establish the fact this enterprise will continue to operate and commit criminal and constitutional violations of law unless stopped by the Judicial system. Continue its treasonous act of War on Americas farmers and rural communities.
  • Establish the argument that the courts have consistently held that RICO’s provisions demonstrate a clear congressional intent that RICO be interpreted to apply to the activities that corrupt public or governmental entities and the provisions of 1961(4) as unambiguously encompassing governmental units. ). See United States v. Angelilli, 660 F.2d 23, 31-33 (2d Cir. 1981)
  • If the statue applies to Governmental units it must also apply to Government agencies. Furthermore, it must therefore be considered a congressional abrogation of sovereign immunity when the governmental unit charged is an agency of the U.S. government else the law is inapplicable to employees and agencies of the sovereign. No one is supposed to be above the Law and Government is sworn to operate legally and within the law.
  • Establish the argument that the FTCA is unconstitutional where the charges of a RICO violation are applicable to an Agency of the US Government. It is simply manifest injustice to require a plaintiff to obtain permission from a Racketeer Influenced Corrupt Organization “USDA/FSA” , permission to Sue the Agency for Operating a Racketeer Influenced Corrupt Organization. But Government officials will obfuscate these facts.
  • Cite  case law to support this charge under Chapter 18 1961. The existence of which is voluminous.

However, evidently this court supports the conclusion that Government Agencies and it’s employees are free to run and participate in racketeering operations committing crimes against the people. And, the Judiciary will protect their operations and their criminals from any restitution, allowing them to destroy the lives of those they are paid to serve. The courts ruling and memorandum in support thereof supports this conclusion and is Treason under the constitution and holy adverse to the  Constitution of the US and Governmental and Judicial oaths of office and cannons.

This Courts ruling completely fulfills, aiding and abetting, the commission of the USDA RICO enterprises financial and participant goals.

  • Segregating the commission of multiple crimes of negligence, fraud, perjury, discrimination, obstruction of justice and denial of service from the unlawful denial of a loan causing significant financial harm.
  1. If the loan denial is upheld, there is no financial cause of action for the multitude of torts and other criminal acts.
  2. If the Criminal acts are segregated from the loan denial as if they had no bearing on the loan decision then a true and fair assessment of the loan decision is denied and a failure to provide a fair procedure occurs. There are occurrences of negligence and malaice that support the contention  the loan denial was erroneous from the start.
  3. Cumulatively they are manifest injustice and provide the financial incentive for the USDA to operate this RICO enterprise against farmers a core component of interstate commerce in the United States.
  • Allowing the criminals that committed the acts of negligence, fraud, perjury, discrimination, denial of service, obstruction of justice, corrupt acts, aiding and abetting the commission of the USDA RICO enterprises financial goals, to escape any accountability or responsibility for the corrupt and criminal acts committed against a civilian who sought Congressional mandated government service’s.
  • Devastating the lives of many needlessly and simply walking free from any responsibility or accountability under a widely abused despicable shroud of sovereign immunity.

This court has provided a “completed” denial of plaintiffs due process right to present relevant evidence before a fair tribunal with a neutral judge, and to equal justice under the law. Facts show the Judge operated under and with extreme bias to fulfill A complete and utter snub to the fifth and fourteenth amendment rights of Due Process. A legal obligation with the central promise and assurance that all levels of American government must operate within the law (“legality”) and provide fair procedures.

The entire memorandum of support by this court, appears written by Attorneys for the defense. I ask you? Tell a Pro-Se not to cite statutes, cases, or make legal arguments. Then deny a single opportunity to amend the complaint.

Does that sound like a court seeking to effect justice or a court seeking to protect criminals and obstruct justice?

Would you want your case back in the hands of this court if your appeal were granted?

The USDA is a Racketeer Influenced Corrupt Organization in conjunction with FSA, NAD, and affiliated state mediation programs like those of Virginia and is conducting a Racketeer Influenced enterprise for the financial purpose of mitigating legal expenses and protecting employees in the commission of crimes.

  • They have such significant numbers of  well placed logic errors in their programs they can only be viewed as intentionally placed to provide legal loopholes.
  • Their actions against Farmers corruptly effect interstate commerce in the United States.
  • They are Running a racket, “a scam of intentional design”, stealing constitutional due process rights of Farmers and protecting criminal activities of members of their organization with sovereign immunity.
  • They are manifesting individual employees with no training, no education, no support, and unqualified to preform their jobs the legal support of Chevron deference. The intentional design of which provides individual challengers inequality in the application of rules, regulations, the law and ultimately denial of a fair process and equal justice.
  • They claim nothing to hide yet the rulings they publish contain only the information they want the public to have opportunity to view. All the brief fillings any arguments made by an appellant are completely hidden. They disclose only the summary information “right, wrong, intentionally misstated, even down right false they want seen. Corruptly hiding the Truth.

This villainous use of government funding tortures farmers, their families, ruins businesses and destroys lives all at tax payer expense.   It has been going on for 3 decades and only public outrage will stop the abuse, cruelty, and absolute despotism and tyranny  Because,

The Federal Court system has been aiding and abetting  this Government run Racketeering operation.

Manifest Injustice!!!

No its actually TREASON by the highest courts in America! 

This RICO charge may never have been brought before against the USDA  because of the wealth power and corruption of Government. Or because, No one else whom, had ever been victim to multiple predicate acts under this Statute by this enterprise recognized the potential of filling under Chapter 18, 1961. Or most likely because the Victims are primarily poor and unable to get legal help. There is however, thousands of individuals whom have been victims of this enterprise and whose experience only adds significantly to the weight of,  and the pattern of,  racketeering activity we have encountered and been victimized by. The design, implementation, and intent of this enterprise is, was, and always will be treason by. Bill Clinton and Al Gore.History needs to shed light on the truth.

Please follow along with our blog as we  continue to critic the courts ruling, provide updates on the case, and begin publishing  this story beginning to end with full details. Hopefully by the time we finish the racket will be exposed.

Manifest Injustice

Corrupt Federal District Court Of Federal District Judge Jackson L. Kiser – Traitor

America This is the Federal District Court of Virginia Western District Danville making false statements in defense of criminal activities by a racketeering enterprise, run by the USDA.

Why? Because Courts have rules about Fraud “No Harm No Foul”  eliminate any financial  harm and they can dismiss the Multiple counts of fraud and mail fraud. Thats why Federal Judge Jackson L. Kiser wrote this BS. To fraudulently dismiss the predicate acts of the government run racketeering enterprise alleged.

This is just one of dozens of examples of corruption in the ruling of our case by the Federal District Court of Danville VA.  Are they making arguments for the defense, or looking at the facts provided in the evidence?

  • Truth in lending laws require lenders to provide an applicant with a copy of their credit report, when they paid for and request it.
  • Yes we only requested a copy after the loan denial  because we knew James Rigney FSA/USDA had not preformed the requirements of his job by obtaining one.
  • FSA denied the loan for requesting to pay off debt we did not have.
  • Our credit report proved the allegation was false.
  • Every educated lender knows an individual can obtain their own credit report without damaging their credit, why would we want them to pull one for us two months after they’d denied the loan?
  • We were monitoring our credit monthly with MYFICO. That’s how we knew they had never pulled a report.
  • How do you deny a loan without ever looking at the applicants credit especially when your rules expressly specify you do so?
  • Double click the image below to read the facts supporting these statements.
Corrupt Court

Federal Court corruption

Update 2-19-2016 Look at USDA Farm Loan Guide at the Description of use for a Credit Report Fee on page 39. “So FSA can obtain your credit history” a so called required procedure never performed’ Money taken for a purpose never carried out. Money stollen from the plaintiff and never returned. Such integrity from our courts and government.

FSA Guide on Credit Report FeeThe court has absolutely no argument, nor evidence, or anything contrary to the evidence provided, to support the contention this was an application fee. The FSA documents stated its a Credit Report Fee and the fee is based on the type of credit report to be obtained. America This is a Federal District Court making false statements in defense of criminal activities protected by an unconstitutional  criminal Racketeering USDA run enterprise. See FSA application checklist Exhibit L & M here

Think about it this way too. If it truly is an application fee then it was collected on false pretense as the documentation said it was a credit report fee. That too would be fraud!

Note L is depicted above as Untitled 2.  Here is M from the FSA handbook on loan request processing. Note the last bullet point.

Processin of Loan Application

Update 4-21-2017 This was a Federal District court Judge Jackson L. Kiser in violation to his oath of office, in an act of treason, protecting a criminal enterprise run by the USDA in direct violation of the Constitution waring against America Farmers, and the Constitution of the United States. This is Treason as blatant as it gets.

This was a failure of a duty to provide due care, a failure to preform a required duty, a failure to provide the process due.   A failure to preform a service for which they had demanded compensation. The USDA fraudulently took compensation for a statutory duty they never preformed.

 

Living Hell

I hoped; my next blog would be a short story on what the USDA put us through. However, to date, I’m only half finished writing it. I have to be in the mood to write and lately, I’ve felt the ball was in Federal Court giving me time to breathe. Today I feel I must speak out.

In May of 2012, we learned Congress had outlawed our plan to fund our business into existence. A simple, we thought hundred-year-old plan to debt finance our business startup using our real estate holdings as collateral,  Just like thousands of individuals and farmers over the last 200 years of American history.

Banks refused to help us. The SBA  offered little or no help but told us we would have to request funding through the USDA first.  Our business plan included a farming operation.

Heavily invested, development in progress, we did not complete an application until September 2012. We had every reason to believe our application would be approved but it was given negligent, fraudulent, prejudicial, treatment by the USDA Farm Service Agency FSA and the University of Virginia Agricultural Mediation Program. These acts were followed by further acts of negligence fraud and even perjury as well as a truly heinous racket carried out by the USDA National Appeals Division stealing due process rights to equal justice and a fair unbiased tribunal. A racket designed to abrogate judicial rights. Protect members of the enterprise from accountability or responsibility for criminal acts and grant them sovereign immunity.

A scheme to claim they denied our loan for valid reasons and hide that negligence, fraud, and prejudicial treatment had nothing to do with an indefensible denial. At least I’m willing to challenge them to do so before a jury of my piers. Today I felt compelled to write because 6 months ago  I Filed a lawsuit in Federal Court against the USDA, FSA, NAD, and the University of Virginia. agricultural Mediation Program director for RACKETEERING under the RICO Act.

As of today not a single defendant has responded to any allegation. The  Federal Court with 3 motions before it has yet to rule on a single motion. All of the defendants have stated they thought they were doing their job when they were negligent, committing fraud, and telling lies under penalty of perjury.  They’ve all pleaded the right to absolute immunity in their official capacities and qualified immunity in their individual capacities.

This is how the USDA is serving the people and spending your tax dollars. Keeping lawyers busy and putting poor hardworking farmers in the poor house and out of business.

Three people in my operation lost guaranteed work for a minimum of 2 years. My landlord lost a renter. My Mother at 89 lost significant time with the only granddaughter she ever had close to home. She was supposed to come live with us, instead, she lives alone with no one to care for her. She is homebound unable to leave the house and spends her days alone and saddened by all that’s been lost for not. My daughter has been deprived of an opportunity to truly relish a grandmother’s daily love and affection. My daughter, My wife, and I found out what it’s like to be homeless living on snap benefits and waking daily in the freezing cold, stepping out of bed onto an ice-cold concrete floor.

The business we spent our life savings on, 6 Years developing,  would now take at least 2 years of work to salvage. Thank you Congress Dodd-Frank, SBA, USDA, FSA, NAD, and the Agricultural Mediation Program at the University of Virginia.

Update 4-23-2017 To these should be added the Treason of the US Federal Judiciary and its judges who violate their sworn oaths to uphold the constitution and as traitors to a nation’s war against the Supreme Laws of this county giving us Government tyranny.

The government effectively made it illegal for us to get a mortgage when we needed one. Waiting on a horrid, and I would say the illegal administrative process of the USDA, as well as mediation which was delayed for inexplicable reasons, took us into debt. I liken the process to waterboarding and psychological rape. An intentional racketeering scheme designed obviously by USDA  lawyers to mitigate legal risk. You see you were only eligible for a USDA loan if you could not get credit elsewhere which thanks to Dodd-Frank were our case. So after following this fraud of an administrative process for almost a year, we found jobs but, the financial damages caused in the interim along with the state of development prevents us from finding a real estate secured loan even now that we’ve taken full-time employment – something hard to find in the rural countryside.

Almost 2 years since this ordeal began,16 months after beginning an appeal process with USDA-FSA, USDA-MEDIATION, and USDA-NAD, 8 months after filing a complaint with the USDA – Inspector General, 6 months after filing a lawsuit with the federal court, and 3 weeks after the first motion hearing. After writing Congress, the Senate, the consumer financial protection agency, and the President  We Cannot get any attention focused on our plight.  Any wonder Edward Snowden did what he did? He would have spent his entire life trying to get appropriate attention through proper channels.

60 min, ABC, CBS, NBC, FOX, Diane Swayer, Piers Morgan, and the local papers. have all been contacted and not one has reported on our lawsuit or even called to ask a single question about our story. Maybe, Maybe not, a conspiracy but it sure the hell feels like one. And the USDA Inspector General in 7 months has never even sent a letter acknowledging receipt of the complaint?

This is pretty much a living HELL.

Image

My Mother and Daughter.

Op Ed for the Federal Courts

I am not a lawyer. I have a formal education and decades of experience as an accountant / analyst. I trained and became a computer programmer and managed financial technical teams and business analyst teams for some of the largest financial consolidations in US history. Although, I’m not a lawyer I’m now representing myself against the largest most funded legal council arguably on the planet.

Although, this is my first, hopefully only legal escapade of my life, I spent most of my career analyzing rules. True they were not the law necessarily but they always involved seeking the truth. Rules for the, Financial Accounting Standards Board FASB. Internal Revenue Service IRS,  Federal Regulatory Reporting for the Office of the Comptroller of the Currency OCC, Programming rules requiring that no application of logic ever abended. Consequently, I have a great deal of experience reading, comprehending, and applying rules for truth, presentation and understanding, that had to balance.

However, I find myself having issues with the application of Federal Rules of civil procedure in the Fourth District Federal Court System. I contacted the Fourth Circuit Court of Appeals. This court promptly directed me to the Judicial Conduct & Disability page of their web site. While I did not find my complaint apropos to the application of these rules. I would like to aver arguendo the rules obfuscate the requirements for a legitimate complaint to be usurpation with despotic and haughtier transgression of the common man.  The sites assertion “Almost all complaints in recent years have been dismissed because they do not follow the law about such complaints” is preponderantly unassailable axiomatic evidence that the obfuscation of the enigmatic rules serves  as usurpation of Due Process making the court Un reproachable. In my humble opinion a Sine Qua Non obligation to reform the rules to clarity, a constitutional right of due process.

UpDate 4-21-2017 – I want it understood, the rules referred to in this post were at some point in time after its posting changed and are far more comprehendible today. Although, I suspect few can follow them to satisfy the court still. The Court will dismiss any criticism of any judge or court to defend the integrity the court does not really have.