farming

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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 courts 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. 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 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 Statue is viewed by the courts to unambiguously encompass governmental units and the provisions demonstrate a clear congressional intent that 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 its 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, cite statues, or cases in the original complaint. See our blog post on Manifest injustice.

Furthermore as to other crimes “TORTS’ not considered predicates under Rico the courts have held the commission of other crimes are 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 conscious to require that we ask a corrupt USDA for permission to sue them for being corrupt. Its manifest 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 statue again not the statue 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 it’s own defense in direct conflict with the evidence. See our Blog  Corrupt Federal Court
  • Denied the application of Federal Statues 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 plaintiffs complaint is to be interpreted in a light most favorable to the plaintiff but, this courts 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 courts lack of neutrality see our blog “Legal Conundrum Federal Rules of Civil Procedure” More to come on the lack of neutrality in this courts opinion.

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

Next post to cover the beginning of our FSA story !

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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 we’re negligent, committing fraud, and telling lies under penalty of perjury.  They’ve all plead 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 land lord 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 home bound unable to leave the house and spends her days alone and saddened by all thats been lost for not. My daughter has been deprived of an opportunity to truly relish a grandmothers 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 a ice cold concrete floors.

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 nations 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 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 water boarding 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 was 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 a rural countryside.

Almost 2 years since this ordeal began,16 months after beginning an appeal process with USDA-FSA, USDA-MEDIATION, USDA-NAD, 8 months after filing a complaint with the USDA – Inspector General, 6 months after filing a lawsuit with 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 living HELL.

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My Mother and Daughter.