Federal District Court

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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.

 

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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.

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My Mother and Daughter.

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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.

The Weak
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The Weak

We’re a week away from the due date set by the court for the U.S. Attorney General to reply to the complaint as representation for the USDA. Unlike previously they’ve not called indicating their intent to request a further extension. Therefore, we anticipate some sort of response. None too soon after four months of waiting for a response our mental health grows weak.

The court did not and has not ruled on the Virginia State Attorney Generals’ offices’ Motion dismiss and claim of Sovereign immunity. Given our conundrum explained in the last post. “A Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)” We’re just not sure really what to make of their silence. I considered a motion for summary judgment but, that would negate a gross negligence charge, and eliminate the potential for discovery. We’d like to know Who, What, When, and especially Why?  By not providing a ruling the court is effectively delaying any requirement for a response. If the court considers the point mute, then we should expect default judgment for failure to respond to the complaint, and failure to set a hearing on the motion which is also not effective for failure to serve. Court Bias, Was all of the State’s move just a red herring to avoid responding to the complaint? Does that not deserve sanctions?  Did the court knowingly aid the State? Court Biased? 

It’s 19 degrees outside. The only heat we have is the fireplace. The temperature dropped to 2 last night. My daughter is complaining of being cold. No wonder in a house without, windows and doors, a finished roof, or insulation. A government agency, grossly negligent, incompetent personnel, fraudulent and criminal behaviors. People lost their jobs, businesses, and lives were destroyed; my daughter froze all because a Government agency wanted to deny a loan application because this unfinished self-built self-funded home is large.

What we allege are grossly negligent, fraudulent, criminal acts by Government employees and racketeering by Government agencies. The Government wants to claim sovereign immunity. We can’t be held responsible or accountable for breaches of the laws we enacted because we’re the sovereign and beyond reproach. The land of freedom and democracy with rights protected under the constitution unless, of course, the Government steals them?  Yes, America what a wonderful country, or is it one of tyranny and oppression?  Just what kind of response will the Department of Justice offer. What will the court do?  Regardless we will fight! For truth, honor, and justice – may the unbending sword of truth prevail.

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Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)

September 16,2013, A lawsuit was filed in which a defendant is the Project Director for the Virginia State Agricultural Mediation Program. Mrs. Wanda Johnson Consequently, this individual is represented by the Virginia State Attorney Generals Office by Katherine DeCoster.

October 15, 2013, The Virginia State Assistant Attorney General filed a motion requesting an extension of time to file an answer.

October 15, 2013, The Virginia State Assistant Attorney General filed a Notice of appearance.

October 18, 2013 The Virginia State Assistant Attorney General filed a motion to dismiss for failure to state a claim.

October 21, 2013, Court Granted the motion of time to answer the complaint.

October 22.2013, Court posted and sent Plaintiffs a Roseboro Notice.

October 28, 2013 After receiving the Rosboro Notice Plaintiffs informed the Virginia State Attorney General that the motions filed from October 15 – 18 had not been served.

November 8, 2013 Plaintiffs filed a response to the motion to dismiss for failure to state a claim by the deadline presented on the Roseboro Notice.

November 15, 2013 Virginia State Attorney General filed a reply to the plaintiffs response.

Since November 15, 2013 theres been no activity recorded on the docket. The court has not posted any ruling on the motion.

Here is this Pro-Se Civil procedure conundrum. The Federal Rules of Civil Procedure 5(b) Service How Made (2) Service in General. A paper is served under this rule by: (e)  sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served;

Plaintiffs never consented in writing to electronic service, The court told Plaintiffs  they would not be allowed access for electronic filings. The clerk of court stated that Pro-Se litigants were never given electronic filing access. We were however, informed we could make a motion to the court for access to electronic filing.

Since plaintiffs notified the Virginia State Attorney General on October, 28, 2013 of the failure to properly serve. Does that mean that none of the motions filed by the State Attorney General are effective and therefore, none of the courts rulings on those motions including the Roseboro Notice was valid?

The Federal Rules of Civil Procedure have been no help in understanding the impact of these facts. The Plaintiffs are left currently wondering if the court with knowledge of these facts is simply ignoring the motions for failure to properly serve? Should the plaintiffs motion for judgment for failure to respond to the complaint. Should the Virginia State Attorney General  have resubmitted the motions to the court. Should the State Attorney General be subject to sanctions. Should the Federal District Court Sanction itself?

We have no desire to see this case turn in any direction on some procedural technicality.  As Pro-Se Plaintiffs we hope the court will be lenient with us on procedural matters. We only want to see Justice, Honor, and Ethical behavior and application of the Law within accordance of statues and the constitution.   Lets hope we don’t try to find the depth of a rabbit hole.

Up-Date 4-21-2017 There is no end to the depth of this rabbit hole!

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Judicial Anticipation

So I filed a lawsuit Pro-Se? That means, I’m no Pro and could not afford a lawyer to take my case or find one I could afford. Trust me most wanted $200.00 an hour just to listen to my story. I had one wanting $ 800.00 an hour.  They say a Lawyer who represents himself has a fool for a client. What’s that make me? I’m no Lawyer.

Filling a lawsuit representing yourself is, let’s face it, scary!  Do you really have a case? Are you fooling yourself? Can you learn enough about the process to pull it off? The statistics would say NO!

In my case, the Government has done everything it can to cause as much financial duress going into this as possible. The process is designed to take forever. I believe the whole intention is to make it so painful and put you in such a bad financial situation you’ll just go away, or die of starvation trying. It took 12 months of administrative BS just to have their permission to take the case to Federal court. Oh and the whole issue stems from requesting a loan I was not eligible for, if I could have found credit elsewhere and their incompetent, untrained individuals denying the request, In our opinion fraudulently and illegally.

Now I have to say I  feel the gravity of my lawsuit makes my case that much more daunting. After all, I have alleged the USDA is running a racketeering operation and a Virginia State employee is an alleged participant. That puts me in Federal court challenging the  DOJ U.S. Attorney Generals’ office ‘The largest and most funded legal firm in the US and The Virginia State Attorney General. No competition there in my first ever hopefully only lawsuit of my life. I can’t pay my bills, feed my family, or Afford help and they’re funded with unlimited Government resources being used to rape the citizens they’re funded to help.

The last motion by the State attorney General had two valid questions to answer from our Pro se perspective. 1 Did the complaint state a claim upon which relief could be granted? 2. Would a state employee that completely abrogated their duty be allowed to escape suit with sovereign immunity?

I felt the first question was obviously no because there was no question plaintiffs had shown sufficient evidence to support a high plausibility of being able to prove a supportable cause of action. On the second question, it seems obvious that previous court rulings would not allow sovereign immunity protection where the State’s servants sidestepped outside their official duties and did not perform their function in the interest of the state. Why has the court not been able, or is it unwilling to rule on these questions?

The court gave me 21 days to respond to the motion “well sort of”. The State attorney got 7 days to reply to my response but, now the courts had 45 days to rule and still haven’t done so. Evidence court Bias Why is it taking the Federal court so long to rule?  Perhaps the ruling is more complex than we perceive. Perhaps the courts worried about the ruling? Or perhaps it’s as simple as they want to delay the ruling to manipulate the docket. See the U.S. attorney is due to respond to the allegations against the  USDA  on January 14, 2014. By delaying the ruling the State is getting a reprieve from having to respond to the complaint “I.e. If the rulings are in my favor they do not have to respond to the complaint until 14 days after the courts ruling” Do you believe the court would delay the ruling in order to put the responsibility of the State and the USDA on or about the same day?

The court’s failure to rule leaves the plaintiffs with a prolonged unanswered complaint. Worried about the court’s view of the merits of their case, Worried by the perceived bias of the court. Continued financial duress. The forced wait is just a mind fuck, intentional inflection of duress. Would you view withholding a ruling from a Pro Se to manipulate the docket for the benefit of State and Federal defendants as prejudicial?

If that’s what’s really going on then we should see a ruling in the last days of December. I would like to take bets on whether the Government answers the complaint or whether they motion again for some delay. No matter how any of this goes the outcome is serious and the questions of Government and Law very interesting.

Will the judicial system enforce Federal law on an agency of the U.S. Government?
Will the judicial system allow the Government sovereign immunity protection for racketeering! Just how will all this proceed through the court?
Will the court deny the suit because the FTCA requires getting the agency’s permission? But, we did not sue them for the torts. What will the court do about the clearly illegal acts committed by Governmental employees? What about the illegal acts we have yet to pursue in anticipation of eliminating reasonable doubt with discovery?

The mental, physical, emotional, and financial torture of me and my family sucks. However, we find the story unfolding fascinating, and yet with all the attempts to get media coverage we’ve been shown no interest. Why?  Does the media know something we don’t?

Do you think waiting for a ruling is emotionally taxing? How about when you represent yourself against the largest legal firm in the country defending the wealthiest nation on the planet?

4:2013 cv00054 JLK Judge Jackson L. Kiser presiding.

Today a special Warm Christmas Cheer!
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Today a special Warm Christmas Cheer!

To: Congress and the Senate for the incompetent portions of Dodd-Frank requiring creditors to hold unsecured credit instead of real estate secured debt. To the SBA for being worthless! The USDA for crimes and criminal acts by their associates together with the administrative RICO Enterprise use stealing constitutional rights, avoiding accountability, and responsibility, usurping the judicial system hiding from the law with sovereign immunity. For stealing civil rights fair and equal justice, and due process. To Virginia State University Agricultural Mediation Program for their complete and utter dereliction of duty in handling our mediation request and failure to inform us they’d lost their mediation certification. To US Federal District Court for prejudice in favor of Federal and State governments. The Federal Judiciary has been unconstitutional, aiding and abetting Federal Government agencies with  Chevron Bias. To all of you! Thanks for your contributions to the destruction of Our Lives, Our Livelihood, Our Dreams, Our Marriage, Family, Sanity, and now 4 of my young daughters’ Christmas. For your Judicial Abuse, Failure to abide by your oaths of office, failing to uphold the constitution, failure to uphold the laws of this nation, and granting Government despotic repression over We The People. For our lost faith in humanity, Government, the power of the constitution, and Justice from the Judiciary. May each of you find your place in Hell much sooner than you thought!