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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

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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.

Image

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!

Dear ACLU of VA
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Dear ACLU of VA

Dear ACLU,

I have tried for some time to get someone to take an interest in my legal challenges. I’m hoping since my case is all about Government corruption stealing the civil rights of the people, specifically the right to Due Process and the Right to equal justice under the law as well as challenging the Government’s sovereign immunity for violation of the laws of the sovereign and abrogating the judicial system the ACLU might have an interest in my case.

I believe I have standing, and substantial, hard, and circumstantial evidence to support the allegations; The USDA is operating an organized fraudulent racketeering operation denying individuals constitutional rights while usurping the judicial system to hide incompetent administration of the people’s resources and to manage legal risk expenses. I believe I can show how this is being done and provide the evidence to support the allegations, however, I believe in truly taking the actions that should be taken to shut down or fix the tyranny, oppression, and financial devastation on U.S. Citizens and to expose the depth of corruption in this illegal operation will take a great deal more resources than I will be able to supply alone.

I have filed a lawsuit in Federal District Court of Virginia Western District Case# 4:2013-CV-00054JLK claiming a RICO violation.  Multiple things have occurred with my case I perceive as prejudicial by the court. Giving me pause as to the Judicial interest in protecting the government in this matter.  I currently have been waiting 45 days for the court to rule on a motion by the State Attorney General to dismiss, ‘their involvement in the case ?’ I have taken this action Pro-Se and think it beneficial to keep that status, however, I want someone, an organization, or the media to take an interest, in this case, to ensure that justice prevails. Please feel free to review the case docket on pacer.gov or call and ask for any information.

Tens of Thousands of farmers have been ruined by this organization in the past. The organization has a decades-long history of civil rights violations, The process they have developed to mitigate the legal risk from these violations, in my opinion, is a fraudulent racketeering operation designed to allow members to commit crimes by hiding behind sovereign immunity to avoid responsibility or accountability for the corrupt incompetent administration of the people’s resources. They do this and smile while destroying the lives of those they are supposed to serve.

Can you help?

Thanks for taking the time to read.
Chris Julian
474 Orchard View Drive
Ararat, VA 24053

Christopher.b.julian@gmail.com
980-254-1295

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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!

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CBS 60 Min Please tell our story

Dear CBS 60 minutes:

Our story is not a short story. In fact, it’s somewhat long and has many complex details. I’m no writer, however, we believe our story should be and needs to be told. Our story is relevant to the state of the union for it’s political, governmental, judicial, constitutional, and economic implications, and should be to the passage of any new farm bill. As I said, this is not a short story but one with many details somewhat complex and therefore, I will attempt to tell just the major facts and trust if our story is of interest we can provide all the details and evidence you would like.

Our story tells how Dodd-Frank, SBA, FSA, and USDA culminated circumstances to devastate the life savings of a couple who worked and saved for 20 years. How their efforts to begin a small business to provide jobs and to produce products have been destroyed by government actions. How during this journey they met with significant negligence, fraud, perjury, obstruction of justice, and multiple acts of what appears to be, and remain to be proven acts, of conspiracy to defraud by Federal and State agencies. How this journey lead to the discovery that the FSA has for decades been alleged to have discriminated against Blacks, Whites, Hispanics, Indians, and Women. That factually Congress has appropriated billions for settlement of these allegations over the decades. How now this organization is believed to be running a fraudulent legal risk mitigation effort under the guise of an administrative process abrogating the constitutional, and civil rights of the individuals they’re supposed to serve while allowing government employees to commit criminal acts and avoid accountability or responsibility for negligent and incompetent mismanagement of the people’s resources and they do so hiding behind and abusing governmental and,” individually qualified,” sovereign immunity. This enterprise is usurping the judicial system and whether they do so with or without judicial consent is in question. These findings have led this couple to file charges in Federal district court against Federal and State employees and Agencies for racketeering under the Racketeer Influenced Corrupt Organization Act. The case is on the Docket Federal District Court of Virginia Western District Case # 4:2013-CV- 00054 JLK Julian Et al Vs. Rigney Et al.

My wife and I decided in our late forties having just had our first and only serendipitous child to give up our corporate city jobs in banking and pursue life in a rural community. In 2007 we bought 23 acres just below the Blue Ridge Parkway and began developing it with intentions of starting a farm winery operation with rental cabins. We intended for our mothers to live with us and designed the main home with them in mind. Longer term we envisioned their quarters becoming a rental suite and beyond a space for us in our old age.

We had mortgage financing approved in 2007 but, because of delays in development by local government officials, a multitude of local labor factors, and a slow architect, the loan commitment expired in 2008. At the time the lending environment was deteriorating and some funding options fell through, true, we were able to secure another commitment but, not on terms, we found agreeable. We continued to finance our efforts out of pocket and looked to the SBA for some guidance and assistance.

Our initial meeting with the SBA left us discouraged with little guidance or assistance offered. Quite frankly we found the local SBA staff lacking in any knowledge or skills to offer which could be of assistance. This was a typical government pamphlet pushing office staffed with individuals unequipped to provide the services the agency boasted.

We gave new life to the old apple orchard on the property and in reporting crop information to the USDA discovered the FSA and their farm loan programs. We were not eligible for these farm loan programs because of a requirement for 3 years of farming experience.

Even with the banking industry in collapse, our own fortunes declined from bank stock holdings accumulated over years in the industry plus the turmoil in the stock market we weathered through the financial turmoil of 2008 and 2009 taking significant losses. We believed the economy would eventually turn and we continued funding our development efforts from our own financial resources. We believed at the time we would always be able to get an asset-backed loan on our real estate or mortgage the farm to complete our development plan.

From 2009 – 2012 we farmed the land built on the main house, and provided local employment and economic stimulus to a rural community. The farming suffered losses every year with the help of hail storms and ineligibility for crop insurance.  These losses we viewed as an investment in offsetting future profits. We had not started this to be in the apple orchard business but, with a plan to become producers of apple wine, hard apple cider, viniferous grape varietal wines, and a blend of the two.

In April of 2012, we realized to continue our operations and complete the development we would need financing. This entire effort had taken way too long, too many years, primarily because of local government officials and local labor issues. The fact is we came to see the environment as resistant to change and operating like a racketeering operation. We first approached multiple banks, farm mortgage lenders, and other mortgage lending sources. Every institution showed little or no interest in assisting us in any way. With over half a million invested in the real estate, equipment, and construction they had no interest in lending to us to complete our construction or develop our business. Every mortgage lender told us the same thing in 2011 the implementation of Dodd Frank Reg B prevented them from lending on our assets without an income to support the loan. Stated Income Evidence.

How were we supposed to manage the crews, provide the construction labor and management to complete the construction, manage and care for the farm operations, and hold down a full-time job?  We had invested our life savings in this real estate project, 5 years of our own labor and efforts to develop this property with the intention to start a small farm winery operation and now congress had enacted laws preventing us from leveraging our real estate assets to start and work for our own business.

Construction of our main residence was not to a point we could just stop. The 2012 apple crop was the first we had to survive spring hail storms and our first hope at being able to have a marketable crop that would provide the needed records to get crop insurance going forward. We continued our construction efforts and caring for the crop while we worked on a business plan and looked for ways to find financing.

In June of 2012, I happened into the local FSA office and saw the advertisements for Farm loan assistance. I contacted the regional FSA office for a beginning farmer farm loan application. When I read through the information It appeared from the requirements and the Farm Loan guide we should not have any issues with obtaining beginning farmers; farm loan. FSA was there to assist and promote beginning farmers who could not find credit elsewhere to develop their operations and assists them in getting to commercial credit viability. Given the requirements, I knew I did not have time then to prepare the information required and I wanted to get my 2012 crop harvested and sold before completing the application.  When I went to file the papers in my filing cabinet I discovered, I had requested and received an application in 2009.

We worked diligently through the summer and fall to care for, harvest, and market the crop and were putting in long days attempting to complete the framing of the 5200-square foot house and get it all under the roof before fall rains. We had been working for years on preparing the orchard for the planting of grapes and had it well positioned going into fall.

We continued looking for financing options and began working on a formal business plan we could present for SBA lending. We felt rather confident about our situation because of what we’d learned about the FSA loan program and worked through many of the application requirements. On the SBA website while researching SBA lending we found that given our operation involved a farm SBA would expect us to go through FSA first and so we focused on a beginning farmer, farm ownership loan.

On October 10, 2012, I met with a representative, on his recommendation, from FSA to review our farming operations. I provided him that afternoon with an application complete with the required financial information as of September 30, 2012. He told me during our discussions he would have to arrange for an appraiser to appraise the property and provide an after-capital improvement valuation.

On or about October 12, 2012, I received a confirmation letter from FSA acknowledging my application.  On or about October 23, 2012, I received a letter from FSA requesting further information. I phoned FSA on October 30, 2012, regarding 2 items on the request which were in the possession of the local FSA office. (Note Evidence UN Agenda 21) I sent the requested information in time to make the November 8, 2012, deadline. On November 13, 2012, I received a letter from FSA dated November 9, 2012, however, the envelope struck us as very strange because the postmark was October 22, 2012. The document was the second notice of incomplete application and this time requested some information we thought had been provided and some information that was not requested on the first listing of missing items. I called the FSA office that day but did not get an answer. I was very upset they had not asked for this information previously and the letter indicated the application would be dropped without any appeal option unless the information was received by November 19, 2013, this gave me just four days to retrieve the financial information and get it in the mail to meet the deadline. Were they then, going to find some other information they had to have?

I sent the requested information with tracking to ensure it was in the office by the required date. On November 21, 2013, the day before Thanksgiving  FSA created and mailed a confirmation letter indicating our application was complete. This struck us as odd again we knew information we should have been asked to provide had not been requested. November 28,2012 one week after sending a completion confirmation FSA prepared and sent a Declination letter denying our loan application. The agency had never obtained a credit report, never done an appraisal, and never asked a single question about the application. The letter was negligently, prejudicially, and fraudulently, prepared with numerous fraudulent statements as well as multiple misrepresentations of fact and numerous factual inaccuracies. The letter was sent to us by certified mail and therefore by our estimation constituted mail fraud by an agency of the US Government.

The declination letter provided us with three options for opposing the decision.  A request for reconsideration, mediation, and administrative appeal. Given our experience with FSA up to that point, we choose mediation.

On December 10, 2012, we sent a request for mediation to the Virginia State University Agricultural Mediation Program. Lacking knowledge, experience, or understanding that our loan request had just taken a turn into a legal battle we provided the mediation program with our objections to the denial and pointed out the inaccurate and fraudulent nature of the denial letter.

From December 10, 2012, until January 7, 2013, we waited on a response from the program. Having received no response we contacted the Mediation Program Director at the University. We were given assurance our request had been received and that a mediation would be scheduled soon.

On January 24, 2013, having not been contacted a single time by the University Mediation Program, We took issue with the handling of our request with FSA in Washington. We learned then that the University was no longer certified to perform mediation for the USDA.

After a flurry of communications and issues, we had mediation scheduled by the North Carolina Agricultural Mediation Program. We requested FSA provide a copy of the credit report used in evaluating our loan application since we had paid a fee for them to acquire it.  On February 8, 2013, 50 days after creating the declination letter, FSA pulled a current credit report and presented it to us as the credit report used in our credit assessment. FSA delayed the mediation until February 27, 2013, now 3 months after declining our application.

Mediation was, as predicted by multiple advisers a waste of time, and we requested an administrative appeal promptly after the conclusion of mediation.

NAD scheduled a pre-hearing on March 19, 2013, one day prior to the due date set by the division for briefs to be delivered to the hearing officer. They railroaded pertinent rulings attempted on multiple grounds to intimidate us and ultimately denied us the due process in the presentation of our case. We were told an administrative appeal was not the forum for allegations of prejudice, negligence, fraud, or incompetence. They insisted we could only discuss the issues they wanted to be maintained.

In the pre-hearing and in briefs filed by FSA we were repeatedly badgered with false allegations claiming we made a request regarding our loan which we had never made. We refuted these allegations from the very beginning and consistently provided documentation that showed the allegations were false.

During the hearing, scheduled by NAD for April 17, 2013, 5 months after declination and one day prior to the statutory deadline an FSA employee testified under oath, he had conversations with us in which we made requests regarding our loan which we had never made. More interesting is before mediation which was after receipt of the declination we had never met this individual. Furthermore, The declination letter itself provided proof that these statements were false. Frankly, this individual, a Government employee of FSA was committing perjury and obstruction of justice in a formal Government hearing. While this was the only false testimony specifically about us, it was not the only incidence by FSA of perjury and false testimony during the hearing.

While the Federal court may disagree we found the NAD Hearing findings of May 16, 2013, to be nothing short of an attempt to cover up and avoid responsibility, and accountability, for multiple acts of negligence, fraud, and incompetence born from the negligent administration of a Government agency.   We further felt the decision had completely ignored all the supporting arguments we made and made no effort to provide any factual findings to support their decision. Additionally, the findings intentionally misrepresent the arguments made in our briefs and hearing.

We requested a Director review of the Administrative decision after preparing our argument on June 17, 2013, just within the deadline. We documented the many issues we had met with throughout the process. We provided further arguments to support our case and again found NADS decisions had completely ignored all the supporting arguments made and made no effort to provide any factual finding to support their decision. Furthermore, the Directors review stated we made arguments we had not made and were factually false! Again, the findings intentionally misrepresented the arguments made in our briefs and hearing.

On September 16, 2013, after some research, as the director’s review indicated we had exhausted our administrative appeal options and provided us no further appeal options, we discovered we had a right to Judicial review. Furthermore, we found judicial review could be incorporated with any other city of criminal action and we filed suit in federal district court against FSA, USDA, NAD, and the Virginia University State Agricultural Mediation Program director for racketeering. We believe that the Fraud, Mail fraud, perjury, and obstruction of justice met with, support the required precedence for such a suit. That the Federal and State employees involved were so negligent, fraudulent, and criminal as to have been derelict in their duties to warrant the Federal courts denying pleas for protection under sovereign Immunity.

We contend the USDA is running a risk mitigation program to protect the finances of the enterprise at the expense of the statutory, constitutional, and civil rights of individuals.  That factually the organization is perpetrating, administering, and running a racketeering operation. A fraudulent administrative process abrogates constitutional, and civil rights while allowing government employees to commit criminal acts and avoid accountability or responsibility for negligent and incompetent mismanagement of the people’s resources, and they do so by hiding behind and abusing governmental and,” individual qualified,” sovereign immunity. That they intentionally usurp the judicial system and are therefore guilty of tyranny and oppression. Furthermore, the processes they are manipulating are equivalent to torture, terrorism, and psychological rape.

While we’re happy to share extensive details and evidence related to specifics in our case. We would suggest the following articles as just a few of the many to reference in support of our story.

http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs141p2_015583.pdf

http://deltafarmpress.com/white-farmers-suing-usdafsa

http://www.npr.org/templates/story/story.php?storyId=113730694

http://seattletimes.com/text/2017876971.html

http://www.marshacoleman-adebayo.com/women-whistle.html

http://www.ebony.com/black-listed/news-views/alabama-black-farmers-sue-usda-981#axzz2dehBlOEK

http://www.mcclatchydc.com/2013/04/09/188083/usda-hopes-to-settle-discrimination.html

Its time Congress abrogated these agencies off of the people’s purses permanently!