Federal Court Corruption

The Nations Conscience Has Taken Leave of Court !
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The Nations Conscience Has Taken Leave of Court !

Given the current political environment, I liked having my last post on the front page. However, many nuance complexities in my legal battle with the U.S. Government have occurred which I want to share. In other words, I have no shortage of topics to write about. In some ways, they’re all related to this journey.

Yesterday I mailed my response to the U.S. government’s 12(b) motions to dismiss my case. There are several pages of history and commentary in that filing relevant, not only to my case but, to the state of the Nation, Judiciary, Government, my last blog post, and actually so many relevancies I simply can’t list them all. I intend to blog the history, and commentary in relatively short order once, I have confirmation it’s in the hands of the clerk of the Federal Court of Claims.

I wrote in an earlier blog about my expectations of the Federal Courts’ response to the filing of that case in Any Doesn’t Mean Any Anymore.  Waiting on confirmation; because, the only motions I filed, in this case, subsequent, to the filing of the complaint have not been docketed. In fact, several documents you would expect docketed in this case have not shown on the docket. Examples of which include the Department of Justice attorney notice of appearance, a ruling from the judge on a request to proceed in forma pauperis and since I’m a pro se litigant, I’m under the impression a Roseboro notice should have been issued although, perhaps the rules in this court are not the same as the federal district courts?

The last two motions I presented to the court, mailed January 12, 2016, were a motion for presiding judge Edward J. Damich and the Alternative Dispute Resolution (ADR) Judge Eric G. Bruggink to provide affirmations and attest they had taken the U.S. Constitutions Oath of Office and regarding case 15-1344c they intended to abide by their oaths and the judicial cannons of office. To date, neither of these motions or a response has been docketed. I made these motions for a number of reasons, it’s easy to see though, how a Senior judge might find the request offensive.

All this is interesting and bears significance and relation to other events. See, I began to suspect very early on after filing my first complaint, events occurring with the court were not kosher. In fact, I started this blog when I felt it had gone past just being my imagination. See the first blog post from November 19, 2013, Capitalism, Democracy, Justice, and Civil Rights wrote just 2 months after filing the first complaint. That post talks about filing a complaint against Judge Jackson L. Kiser and how the Federal Judicial system is not open to complaints or criticism. Prior to this, I had blogged a little on the journey through the Administrative appeals process with the USDA on my website Blueridgesprings.com/blog  I needed a better blogging platform, and if I could afford it today I’d pay the $99.00 to upgrade this one.

I posted my discourse a number of times on the blog after that about my contentions the Federal District Court of Virginia Western Division was corruptly handling my case. I have on multiple occasions referred in motions to the court of Judge Jackson L. Kiser’s Memorandum Opinion issued March 24, 2014, as filled with deceit, deception, intentional misrepresentations, and dabbled with lies. Furthermore, I told the appellate court it reads entirely as though it’s written by attorneys for the defense. When you sue a branch of the U.S. government for racketeering and get this response from a Federal Court Judge, you can only believe their part of the racket which, my research had already suggested.

Knowing the court had denied any opportunity to amend the complaint. Feeling literally raped by the Government, Judicially abused and simply astounded by a federal court judge justifying opinions with outright lies, misrepresentation, and even crafting an alibi for criminal acts of Government employees, knowing, I would not have a chance at justice in this court.  I was free to motion for sanctions and was no longer concerned with jeopardizing the case. I filed a motion with the court to sanction the Virginia Department of Justice attorney who early on failed to follow the Federal Rules of Civil Procedure. I had blogged about this in Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)  

When I responded to the attorney reply brief,  I was working on filing a brief for an interlocutory appeal see [Exhibit 5] with the 4th circuit court of Appeals and hoped this case was going to take a very different course, I also expected the motion for sanctions to get the very same prejudicial treatment, every other filing had received. Consequently, I concluded my reply brief with a statement of fact, not unlike that expressed numerous times throughout history. See the blog post Response to Reply for Sanctions [ECF N.o. 60] and connect this with the quotes of Thomas Jefferson in my next blog post.tyranny-montesquieu

CONCLUSION

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

It’s important for reasons never disclosed, you note the filing date of this reply is important. This reply brief was docketed on June 6, 2014. The Interlocutory appeal brief to the 4th Circuit Court of Appeals was mailed on June 11, 2014, and not docketed by the Court of Appeals until June 16, 2014. However, the U.S. Department of Justice in Roanoke VA. received a copy of the interlocutory appeal brief on June 12, 2014.  On June 13, 2014, Judge Jackson L. Kiser docketed his Show Cause Order blog post-Judge Jackson L. Kiser sends U.S., Marshall with comments on my Blog.

Why are the dates so important? Well, if you read the show cause order, Judge Kiser states:

“[ECF No. 60]In that filing, they made several scurrilous and wholly unsubstantiated allegations about this Court, including accusing the Court of intentionally waiting to set Defendants’ Motions to Dismiss for hearing,1 and asserting that there is evidence of “ex parte communications.” Moreover, Plaintiffs accuse me of being a criminal, and accuse this Court of corruption:”

“1 In the Pretrial Order filed in this case on January 15, 2014, the parties were instructed that it is their responsibility to set motions for a hearing. (See Pretrial Order ¶ 5, Jan. 15, 2014 [ECF No. 32] (“It shall be the obligation of the moving party to bring the motion on for hearing by notice.”).) Absent extenuating circumstances, the Court does not set hearings for the parties sua sponte.”

Lets discuss the first Paragraph in order of statement.

  1. “intentionally waiting to set Defendants Motions to Dismiss for hearing.” the foot note 1 is accurate however, as was stated in the show cause hearing, The Attorney general for the state of Virginia was the movant and unless someone has done something shady the docket should reflect that the Attorney never submitted a motion for  a hearing. In fact the clerk of court at the judges direction scheduled one hearing for everything after the time to motion had already lapsed.
  2. “asserting that there is evidence of “ex parte communications”” I have yet to disclose the evidence of this to anyone and no one has asked me to either but, I believe I can prove that statement and I want you to consider this. The [ECF N.o 60 was docketed June 6, 2014. The DOJ of Roanoke got a copy of the Appellate appeal brief  on June 12, 2014 USPS mail tracking and then judge Kiser posted his show cause order on June 13, 2014 which was mysteriously followed by the appellate court not receiving the appeal brief until June 16 2014. USPS mail tracking coincidentally, the same time as the Virginia Attorney Generals office USPS mail tracking Its important to note here too, the appellate brief details many of these scurrilous and criminal acts as well as providing a more in depth look at the RICO allegations. see [Exhibit 5] from above.
  3.  I told you when I posted the blog Judge Jackson L. Kiser sends U.S.    Marshall with comments on my Blog to take a very close look at what the reply brief actually said. I have not discussed this before now except in the show cause hearing which the transcripts should reflect. I asked Judge Jackson L Kiser if he could show me where in that statement he found his name? Do you see it? Me either because it’s not there.  I asked Judge Jackson L. Kiser if he saw any mention of the Federal District Court of Virginia Western District in the statement. Do you see it? Me either because it’s not there. The statement was written at that very time, not to specify any particular judge or court. Just a statement of fact! So Judge Kiser you assumed the statement was about you and your court. I asked him in the hearing it thats how he ran his court based on his personal assumptions. I said I thought Federal Courts worked off of facts to determine the truth.

Now look at the print out of activity on Blueridgesprings.com   and WordPress.blueridgesprings.com  from June 10 – June 16. Yes, this may be circumstantial evidence but, someone knows the truth and with a little discovery its possible to know a lot more about the truth.

I tell you this. When I first filed the action I kept a lot of known factual information and evidence to myself. A lot of that came out in fits and spurts as the opportunity for discovery was continually moved  out of reach. To this day I’m still holding evidence of my RICO allegations I have not exposed. I’m not sure whether I provided to much information to start or not enough. I just figured in the beginning it would be a little like poker. Never let them know more than they need to know about the hand you’re holding. I have explained my belief about what you know for sure in my blog Do you know the one thing, The one thing you always know?

Unless I have some kind of substantial evidence in hand, I don’t like to make accusations about it. I believe the transcripts of the first hearing in my case were not accurate. Why, well certain statements and actions by people are sometimes very telling and stick with you especially if there highly important to you. There were 3 things, I believe were said in that hearing which are simply not in the transcript. I can’t prove it unless it was recorded but, the court reporters told me Judge Jackson L. Kiser would have to approve any changes and I would have to take it up with him. Go figure!

After the show cause order, I remember very well being threatened by Judge Kiser he would no longer allow my motions to be docketed. Interestingly enough, thats how the Federal District Court of Claims is operating. Discussed supra as they say. See paragraph 4.

I told Judge Kiser in the last hearing I had before him. He was a public official just like the rest of the defendants. The entire case was about accountability, responsibility and as a public official he was no different. Lawyers, Prosecutors, District Attorneys, Attorney Generals, The Department of Justice, they all have real conflicts of interest calling out a Federal Judge. Even congress looks bad when someone appointed to office, and confirmed by congress is guilty of criminal acts. I understood when I filed this suit that was precisely why RICO provided private attorney general status. But, if the courts wish to ignore the law were a lawless nation. I laud Judge Kiser for implying my 1st amendment rights do not apply to filings on a government owned system. The Judiciary simply wants no one holding them accountable and wants everyone to simply accept what they say is – is. Like Bill Clinton said depends on what the meaning of is – is.

On Several occasions beginning January 27 th I emailed Congressman Morgan F. Griffith a letter stating that two Federal Judges in the Federal District court of Claims were not docketing motions related to this RICO case. A case I had discussed with him previously. I sent this letter through his congressional website on January 31, 2016 and informing him I had asked for these judges to confirm their oaths of office and stated. If a Federal Judge is not willing to affirm his oath, and his intent to abide by that oath, he is no longer fit for duty, and I expected congress to fulfill its duty and accept my petition for a congressional hearing. As of this writing I have not received any response from Congressman Moran F. Griffith. I did copy the DOJ attorney in this case with that  communication. A copy of that letter can be seen here: Congressional Representative Morgan Griffith 

Update 2-12-2016 The Office of Congressman Moron Griffith called on 2-11-2016. A young woman on the line. I can’t help but wonder if it was the Attorney for the DOJ. You can not underestimate the willingness of everyone I have encountered in government to just straight out lie. Note that it took approximately 2 weeks for a response when every other previous time I was contacted within days. The local sheriffs office has started calling and i suspect at the congressman request. In the bigger picture its important to note Moron has a Washington and Lee JD, There seems to be quite the contingent of such grads in the circles of VA judicial and legislative corruption.

Update 2-4-2016 – Judge Edward Damich has issued his response to the motion requesting he make a written affirmation of his oath of office. He declined to do so. Stating:

“There is no provision in the Rules of the United States Court of Federal claims that calls for such acknowledgement.”

My response:  I consider his statement as reserving the right to proceed in violation of his oath. I find that unacceptable, If you want to be called your Honor you must first earn the title. Given my experience with Judge Jackson L. Kiser and members of the 4th CA, I will no longer accept as true a judge has honor he will have to demonstrate it.  It would be a waste of my time to proceed with such an endeavor. It’s a violation of Rule 1. It’s unjust to expect a plaintiff to proceed with an action in which the judge reserves the right to disparage his oath of office. By declining, the judge is declining to extend to plaintiffs the constitutional promise of due process.   By Order of Judge Edward J. Damich 

Furthermore, my understanding was you could move a judge for anything related to a case. There was no reason with such a motion to state grounds for its blatantly understood from the relief sought.

Christopher Julian

Not a Pro Pro-Se Per se.

@blueridgespring

WordPress.blueridgesprings.com

U.S Government Breaches Contract With We The People
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U.S Government Breaches Contract With We The People

Recently, I mailed a lawsuit against the United States to the Court of federal claims for breach of contract and taking without just compensation. That suit should arrive at the court today. I filed this suit as a pro se however; This stands as an open offer to any legal firm that wishes to handle the case on a percentage basis. The entire complaint can be read at this link: Breach of Contract as Mailed

For those few who have followed my story and those who are aware of the significance, the complaint is 39 pages long and this post serves as an attempt to provide a brief overview.

While this suit is filed on my behalf, it’s also on behalf of We The People. Government agencies should not be protected from suit for the operation of a criminal enterprise designed to steal We The Peoples’ constitutional right to due process in violation of the government and its officer’s sworn duty to operate legally. The rule of law requires that no one be above the law, not even the king, that the law has been defined before a controversy exists, and that the rights of minorities are protected.

The U.S. Constitution is a law. It proclaims itself as such, in Article V. Clause II. “The Supremacy Clause as “the Supreme Law of the Land” The Supreme Law of the Land states only one law twice called due process. Due process dates back to the Magna Carta and the thirteenth-century promise of Great Britain’s King John that he would act only in accordance with law and all would receive the ordinary processes of law.

Racketeering is a federal crime as defined by Title 18 Chapter 96 §§1961 – 1968. For a government agency to operate a racketeering enterprise as defined by this federal law is in violation of its constitutional obligation to due process.

Title 18 Chapter 96 in essence provides that “Any” individual whose business or property was harmed by a pattern of racketeering activity by “Any” individual participating in “Any” enterprise in a manner forbidden by §1962 is entitled to bring a civil cause of action in “Any” appropriate United States district court in “Any” district court of the United States for “Any” district in which such person resides, is found, has an agent, or transacts his affairs.” And such an individual is entitled to the recovery of treble damages, costs, attorney’s fees and bringing to bear the pressure of “private attorneys general” on the defendants.

In regards to this Federal Law the United States Supreme Court and US appellate courts have held the following as precedent: 1. A Racketeer Influenced Corrupt Organization (RICO) enterprise animated by an illicit common purpose can be composed of an association-in-fact of government entities and human members when the latter exploits the former to carry out that purpose. 2. The language of §1961(4) unambiguously encompasses governmental units. 3. The substance of RICO’S provisions demonstrates a clear congressional intent that RICO is interpreted to apply to the activities that corrupt public or governmental entities. 4. Congress intended as inducements to achieve the objectives in both the Clayton and Rico Acts the provision for the recovery of treble damages, costs, and attorney’s fees and bringing to bear the pressure of “private attorneys general” 5. The object of civil RICO is thus not merely to compensate victims but to turn them into prosecutors, “private attorneys general,” dedicated to eliminating racketeering and further purpose of encouraging potential private plaintiffs diligently to investigate.

A Congressional committee, the Mayor of Road Island, and the State of Illinois have all been found guilty under RICO of participating in or of being the enterprise through which a RICO enterprise operated. Why would the USDA, NAD, FSA, and affiliated State Mediation programs be protected by immunity when these public entities were not?

When the Federal District Court of Virginia Judge Jackson L. Kiser dismissed my RICO allegations against these entities and, the 4th Circuit Court of Appeals upheld them, it did so under the rubric of sovereign immunity and  FTCA. However, 28 U.S.C. §2680(a) Specifies a prohibition against using the FTCA to challenge the validity of a statute or regulation. This ruling effectively granted the USDA an opportunity to settle out of court these charges for a sum certain. However, while the law is not a contract, every law is an offer to those aggrieved, to redress the civil wrong, and a notice to the people, certain actions have consequences.

A contract, in the modern sense of the word, has been defined as an agreement containing a promise enforceable in law. The term “agreement” implies that there are at least two parties involved since one party cannot agree to a proposition unless another party makes it to him. The term further implies that one party proposed a promise or offer to which the other party agreed or accepted. Thus, an agreement is the result of an offer by one party and an acceptance by the other party, which creates a binding contract.

Title 18 Chapter 96 §§1961-1968 establishes the terms of an offer. Section 1964(c) extends this offer to any private citizen granting them a private cause of action with very specific monetary rewards. The Federal District Court of Virginia converted the terms of the offer after its acceptance and reliance on Supreme Court rulings and prior precedent.

The Federal Rules of Civil Procedure (FRCP) has specific terms for the acceptance of an offer made under Federal Law. FRCP 8(a) Claim for Relief. A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

“Allegations of the existence of a RICO enterprise must meet only the ‘notice pleading’ requirements of ” Rule 8(a) see https://blueridgesprings.wordpress.com/2015/06/14/dumb-and-dumber-judges-dont-know-english/ for specifics on these quotes by the Government’s expert G. Robert Blakey ” RICO’s important role in combating political corruption effectively ends when the court chooses to narrow the broad definition of “enterprise”.

The Federal Court ruled it lacked jurisdiction because the King is immune from suit unless he gives his permission. However, the King cannot knowingly violate federal law, nor can he war against the will of the people as expressed by congressional legislation and legal precedent. To operate within the law, the King must abide by the supreme law.

The Tucker Act of 1887 waives sovereign immunity regarding express or implied contracts with the United States. The posting of an offer explicitly stated with terms in Federal Law and the acceptance of that offer providing monetary relief defined by the Federal Rules of Civil Procedure creates a binding contract from a statute specifying monetary compensation.

Conversion is the unlawful and inequitable alteration of a contract term once an offer has been accepted. Conversion is any unauthorized act that deprives an owner of personal property without his or her consent. I went all the way to the Supreme Court with my dissent of this unlawful conversion.

There is no language in this federal law or prior precedent of the Supreme Court to suggest this law would not apply to government agencies and their employees. Keep in mind, the operation of a RICO enterprise is a federal crime and in violation of the Supreme Law the constitution, and the people’s power over Government. Furthermore, the requirements of evoking the Federal Tort Claims Act convert the terms of the agreement not only by eliminating the express congressional intent for treble damages, cost, and attorney fees as inducement but, also by providing these criminals an opportunity to continue their illegal operation.

The Supreme Court has reiterated countless times, the RICO statute is to be interpreted broadly, and liberally and has no stated boundaries. The Government’s expert, G. Robert Blakey a contributing author of the statute argued on the government’s behalf “ RICO’s important role in combating political corruption effectively ends when the court chooses to narrow the broad definition of “enterprise”. How then does the Federal Court justify granting this government entity sovereign immunity protection from its contractual obligation to operate legally, within the law, and in violation of the Fifth Amendment take the personal property legally conveyed by an offer explicitly stated in federal law and officially accepted in accordance with the Federal rules of civil procedure? A valid offer, a valid acceptance, a valid contract, and a Government Breach!

Today the Court of Federal Claims should receive a complaint filing suit against the United States Government because the U.S. Federal judiciary breached the explicit and implied offer of Federal Law between the Government and We The People.

Corruption in the U.S. Government is terminal cancer and it’s being aided and abetted by same cancer in the Judicial branches fueled by money and graft.

Elbridge Gerry refused to sign the U.S. Constitution objecting to the judiciary would be oppressive.

He was right!

Wake up America the U.S. Government has become an entity of its own, criminally operating in its own self-interest with the aid of a judicial branch refusing to hold the Government accountable to the law, its constitutional obligation to keep Government actions in check for the protection of We The People. RICO’s important role in combating political corruption effectively ended when the court chose to narrow the broad definition of “enterprise” in my suit against the USDA granting them sovereign immunity protection from this law in direct conflict with its stare decisis and congressional intent.

  CB Julian – Pro Se

Update – Interesting perspective on this case. Constitution as Power of Attorney

Watch this Video and then read more of my blog. Andrew Breitbart died of a heart attack at the age of 43? Read the article on it:

Breitbart

Update- Case docketed Federal district court of Claims Washington D.C. Case # 1:15-cv-01344 EJD

Update: 1-14-2016 Given this case should be of immense public interest I have started a Google folder where the fillings can be obtained free of charge by all who wish. Link to Google Drive Folder with court filings and responses on this case. 

Assigned Superior Judge Edward J. Damich – ADR Superior Judge Eric G. Bruggink

Update- 1-8-2016 DOJ files motion to dismiss 12b1 and 12b6 and pleading judicial immunity. My questions are. How do you grant immunity to a Federal Judge who aids and abets a Federal Agency in a racketeering operation to steal constitutional rights? With an oath of office to uphold the Constitution it seems more like treason. Here is a link to court documents in this case. The Key Documents Chronologically.

Update 1-24-2016 To date the Clerk has not docketed the notice of appearance filed by the attorney for the defense on November 23, 2015.  Prior experience tells me that based on the defense motion to dismiss under 12b & my Pro-Se status the court should have issued a Roseboro notice but did not. Two Motions filed by the Plaintiffs on January 14 2016 also have not appeared on the docket and while the Motion to proceed in forma pauperis is docketed no ruling on it has been issued. It’s beginning to look a lot like the Federal District Court of Claims intends to intentionally deny a private citizen Due Process. Perfect fit with the court’s Mandate. “It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals.” Abraham Lincoln. 

Update -1-26-2016 There has been no change from the update above. Today I sent a letter via email to my congressional representative petitioning for a congressional hearing. I believe since the Federal Court of Claims was created under Article 1 authority and is, therefore, an agent of Congress performing congressional duties they are not providing due process and therefore I’m entitled to petition Congress for a hearing. Gmail – Responding to your message

Un American Express !
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Un American Express !

May of 2012 I discovered the implementation of Dodd Frank had significantly changed real estate lending laws. Real estate asset based lending disappeared all together. Low doc and no doc lending disappeared completely.

At the markets peak loans were being written, many real estate professionals I knew, referred to as NINJA loans – No Income, No Job, No Asset loans. Many of these NINJA loans were occurring on excessive property valuations and lenders were eager to lend, eager to package mortgage backed securities for sell. Many were lending at 125%, of excessive valuations, on the assumption real estate prices always went up. If you could fog a mirror you could get a mortgage.

However, there is a significant difference between a NINJA loan and the existence of and the validity of No Doc and Low Doc loans of the prior 200 years. These loans in their initial applications allowed entrepreneurs, small business operators, etc., to leverage their capital to run businesses, to take risk in forming businesses, or build something for sale. Two of the most prevalent uses of asset based collateralized lending in the nations history were farming and construction.

Small farmers would work hard, scrape and save, to someday buy land of their own to farm. They passed it from one generation to the next. Once they purchased their own block of land they were able to borrow against their real estate holdings to risk farming for themselves. With no job, No income, they mortgaged the land to bet on their own hard work. How many times have you heard it said they mortgaged the farm to stay in business?

I personally have known numerous individuals that started in their youth working on a construction site, many as framers, masons, plumbers, electricians, and others, who overtime bought their own land and then mortgaged it to build their first spec house. Some of the smartest I knew built them, lived in them, started another and when it was complete they moved into it, only to start again. This process enabled them to build sweat equity and wealth increasing the return on their investment, with hard work, and investment in themselves.

Dodd Frank killed these small business opportunities and left farming to the mega corporations, and building to the mega builders. It’s eliminated the path for individuals to start and grow small business by leveraging real estate holdings. It has in fact eliminated the use of real estate equity as capital to be leveraged. Unless you’re already in a profitable business your real estate equity is capital locked up unless you sell it. That’s a lot of liquidity removed from the economy. Dodd Frank ended Mom & Pop farming and construction.

If you think about banks leveraging their holdings today at 20 to 1 and at the peak of the financial collapse many of these institutions were leveraged at more than 40 to 1 risking it all gambling on their own Ponzi scheme. Now an individual cannot leverage real estate at all. Take calculated risk to bet on their own ability, risk it on themselves, to create a successful return or build a business. An individual with real estate equity today cannot get 40% loan to value risk capital, that’s not even 1 half to 1 leverage unless their able to do it through crowd funding or a hard money lender.

In 2006 – 07 I made the biggest mistake of my life purchasing 23 acres of an old apple orchard on the side of a mountain in Patrick County Virginia with piedmont views.

IMG_2458

I encountered a enough corruption, crime, lies, lying and government obstruction to fill a novel between 2007 and 2011. Since it’s not the point of this post, suffice it to say the good ole boy network (criminal and otherwise) is alive and well in Patrick County and they use every means to let outsiders know, their not welcome, or wanted in “their” community.

Just one example an illegal garbage dump buried and hidden on the property sold to me. Buried in the head of a natural spring feeding into local creeks and streams. Fifteen thousand dollars just in fees to have the county landfill take the garbage. I’ll add to that, when I tried to sue the seller no one was willing to take the case because Martin F. Clark Senior was the lawyer for the seller and his son was a locale court judge. Just as Alan Black the Attorney I tried first to take the case had informed me.

Ararat Construction Begins 00046

What you need to know here is the plan was to put new life into an old apple orchard, build a primary residence were my aging mother could come to live out her final years, plant available space as a vineyard. Start an operation to make hard apple cider and viniferous wines and potentially blends. Once this had been established. Build with sweat equity some tree houses with piedmont views overlooking the vineyards and market to Motorcyclist riding the Blue Ridge parkway and touring the regional mountain roads and countryside.

The plan was to use our capital assets to buy the farm, put it back into production, build a house with our capital and leverage and start a wine making operation. Prior to publication of this post it was announced that Virginia wine sales hit an all time record and the states hard apple cider sales were up 200%. These were trends we spotted back in 2008 worked toward and got clobbered on by Dodd Frank, criminals in this community, and racketeering by the USDA. Evidence of that news linked here. 8 Things That moon over Rosslyn Eclipsed

Locals had every intention of stopping us, or delaying us, any and every way possible. A house that should have taken 2 years to complete took 3 years just to get a foundation; locals ensured then the foundation was delayed until bad weather would prevent any further progress for yet another year. When a community does not want you in their territory their obstructionism can cause serious financial and psychological damages. It was a mistake to believe local farmers and the region would like to see an increase in tourism and business. I believe the correlation between the GOP in congress and the local community is one of total devotion.

To that I say if you want to control how land is developed, you need to either buy it to control it, or have zoning laws. But acts of criminal obstructionism including extortion, mob style intimidation, and work slowdowns, perpetuated by civil servants is disturbing, criminal, and indicative of an immoral society of thugs.

Dodd Frank was implemented June of 2011, prior to that banks had been willing to work with us. Multiple financial intuitions had committed capital to our plans but one expired and others demanded timelines that were to restrictive given the obstructionism, encountered, and the desire to put as much sweat equity as possible into the efforts.

The SBA had been approached with the business plan in late 2008 or early 2009 but, informed us, if we wanted to focus on the orchard and vineyard ahead of tree houses we needed to seek financing from the Farm Service Agency before they could assist us. I called the local FSA office and requested an application.

In May of 2012 the reality of Dodd Frank implementation on our efforts became apparent. No longer could our real estate assets be used as collateral to pursue this farm winery operation, or to complete the half finished house. It was apparent having talked with countless banks, farm credit unions, hard money bankers, and every other potential lender we could think of to finance getting the house dried in and the vineyard planted we would not be extended credit on our real estate holdings.

With more than 600,000 in capital, five years of hard labor invested in this Farm Winery effort. Financial institutions leveraged to the hilt, negligently lending, and fraudulently selling mortgage backed securities prompted implementation of Dodd Frank legislation locking us out of credit markets completely.

When the SBA told us in 08 or 09 you need to be declined by FSA first, is when FSA rules you have to have 3 years farming experience, and be unable to obtain credit elsewhere to be eligible for an FSA Farm Loan had been learned. I had in 2009 requested an application from which I learned the eligibility requirements. So in June now with 4 years farming experience and unable to find credit elsewhere, I requested a new FSA Farm Loan application.

Without crop insurance and 3 years of hail, The apples all went to juice at a loss by the dump truck load. Yes the first Hail harvest.

Back Camera

Back Camera

Four years without a marketable crop to make us eligible for crop insurance the 2012 crop was looking good, sold at market, and made the operation eligible for crop insurance for 2013 finally. The plan was to sell great apples into the open market for crop insurance and use culls and special varieties and blocks for wine making.

By September of 2012 our financial capital resources were declining as we pumped money into construction of the house hoping to get it under roof before winter. The crew worked diligently harvesting the crop and working on the house. Local obstructionism had me framing the house with my farm hands and winter would not be kind to a house with no roof. Planning to work entirely on the house after completing the harvest. I made some very large purchases of construction materials on my American Express card. Materials needed to complete the framing and the roof.

By the end of September 2012 the crop was mostly harvested, I completed all the financial information as of September 30th and prepared my farm loan application and arranged with the local FSA office for a site visit on October 10th. From the moment FSA officials got out of the car I could tell this was not a friendly encounter. With all the other local corruption I had already seen, I secretly started the recorder on my Iphone at the first opportunity.

Much, not all of the criminal activity, negligence, fraud, discrimination, and perjury that ensued from submitting that application with the USDA and its decline on November 28th are documented in the thousands of pages filed with the Federal district court “of corruption”. There are also many examples on this blog.

The one Item I wish to discuss here was their failure to ever pull a credit report. It is a required procedure according to their manual, upon receiving an application for a farm loan. FSA charged an upfront fee to obtain a joint credit report. Knowing they declined the loan application without ever performing this required procedure, knowing they had declined the loan, and given debt refinancing as a reason, when there was no debt on the property. A copy of the credit report used in their loan evaluation was requested.

On February 9, 2013 I received an email from MYFICO informing me on February 8th my credit report was acquired by FSA. The only reason for them to now, pull a credit report was the express purpose of fraudulently presenting it as one reviewed for the credit application. In fact they sent it to us as if we would never know it had just been pulled.

Surely the U.S. Government understands, by conditioning eligibility for a farm loan on the inability to obtain credit elsewhere, the loan decision being made can be life or death for a small farm and therefore, failure to follow basic procedures should be a serious violation of their duty to due process.

I still contend, and want my day in court for a jury to decide whether the agency followed its own procedures or whether they’re simply running a racket to avoid accountability and responsibility for miserable, negligent, criminal performance of their duties.

Having worked on this project from 2007 to 2012 I found myself in January 2013 in immediate need of a job in a rural hudzone community and a bad employment market where I had previously been providing stimulus and jobs.

Firmly believing the agency was in error and the mistakes would be rectified we followed and adhered to the procedures they demanded. Days became months until almost a year later when our disagreement went to Federal Court. The Court would then delay for almost another year. The government figures they have all the time, money, and resources to eventually have you give up. This racket run by the USDA is aided by the Federal Courts with extraordinary abuse of deference.

The one rationale the Government has maintained for denying the loan, regardless of the fact they were negligent, and incompetent in its review is that my house is to big and more than meets my needs. Although, they changed their guidelines in the fall of 2011 and barred us from arguing the house met our needs. This is a violation of the rules of retroactivity because, the house had broken the rule implemented in 2011 back in 2008. In what world do we allow the rules to change after play has already begun?

We did the best we could to keep up with our bills while we looked for jobs and played lawyer through appeals, and federal court, Sometime In 2013 we could no longer keep up, we had applied and received food stamps and struggled to cover everything we could as we continued to look for work. By the time I found a job in January of 2014 the creditors were calling daily and demanding such large payments there was no way to make them. I did not wish to attempt settling the debt or finding an agency to negotiate some reduction. I have never asked for relief or to negotiate away what I owed. I owned this real estate out right and a mortgage or a loan against it would allow me to pay off all that was owed. Prior to FSA’s illegal access of my credit it was completely blemish free for more than 30 years. Had the financial institutions not wiped out the credit markets, or the Government preformed its duty my life’s work would not have been destroyed.

I have waited with baited breath for the big financial institutional creditor to sue me in court for payment of the unsecured debt. I repeatedly asked when they called why they would not rather exchange the unsecured debt for real estate secured debt. I never got an answer.

I believe I have a very valid counter suit for their negligence, fraud and criminal contribution to the collapse of the credit markets, the disappearance of real estate asset based lending, and the implementation of Dodd Frank. Consider the settlements financial institutions have made over the financial collapse.

Bank Of America 16.65 billion

JP Morgan Chase 13 billion

AIG 960 Million +

Wells Fargo 175 Million + 560 Million +

Here I sit with my real estate 100% owned with no available financing while other borrowers who were upside down, underwater, and had purchased more house than they could afford are having their principle reduced and getting historically low interest rates. Irony! I was debt free when the market collapsed owned my 23 acres out right, had money in the bank, had pristine credit, and was physically building my own home and a business from the ground up. And I’m the one who got locked out of the credit markets.

As luck would have it; it was not BOFA who came to court after me but American Express. I really have no reason to associate them with the financial market collapse. I will say they were not willing to work with me on reasonable payments when I got behind and living on SNAP. Nor did they give any consideration to my real estate holdings or provide any lender who would hold it as collateral. These financial institutions have now put me in a position where I can’t get a loan on my real estate even with a full time job.

I was summoned for a general district court appearance on November 18, 2014, having had the Federal Courts protecting Government criminals, I wanted any opportunity to tell this story to a jury. On that day in November, I went before judge Edwin A. Gendron Jr and, as is my constitutional right under the 7th amendment to the constitution, I demanded a jury trial. Judge Gendron’s immediate comment “ not in this court”. I had informed the court and American Express lawyers of my suit with the USDA. Which they completely ignored and made light of; they could have actually helped my case by filing to join in the suit against the USDA. They did not, and knowing these lawyers are out of Washington, I wonder if their real intent is to help the Government. Judge Gendron for reasons, which gave me, pause at the time ruled for a continuance on January 27, 2015 at 1:00 pm. Why did we need a continuance what purpose did it serve to delay this, I would simply demand my constitutional right to a jury trial again. I have some circumstantial reasons to believe that all, everything results from local government officials.

Sometime in early December I received a notice from American Expresses attorney. The notice was not unlike others I had received from my Federal Court case. It appeared to be a motion to the court for a hearing and was accompanied by an order for the judge to sign. The judge had not signed it. In federal court when a motion is filed the court clerk sends you a notice and if the judge grants the motion the court sends a signed copy from the judge to you with his order. Lawyers regularly file motions with a copy of the order they wish the judge to grant. They don’t grant every motion or sign every order submitted.

I received no notice whatsoever from the court. No notice a motion had been filed, no notice from the court that anything had happened in the case at all. No notice the judge had made any ruling or planned any hearing, other than the one already scheduled for January 27, 2015. As I had done numerous times in Federal Court, I reviewed the courts docket and found nothing beyond what I knew. I had a hearing on November 18th and a continuance was scheduled for January 27, 2015.

Given my experience with the Federal Court and the lies stated in open court by the department of justice and those penned by judge Jackson l. Kiser. I don’t believe anyone should ever accept a communication from a third party, paid liar as substitution for a court order. Hell given the corruption seen in the Federal Court, you should question and verify the validity of every court statement and action especially when challenging the judge’s source of income.

On January 27, 2015 I showed up for the court appearance. Judge Edwin A. Gendron Jr quickly informed me a hearing had been held in December in my absence, and judgment for American Express was granted. I protested stating emphatically the court had not provided any notice of the filing of a motion, nor had the court issued any notice a hearing was to be held. Judge Gendron’s reply was, I received a copy of the motion from the plaintiff’s attorney. linked here Notice from Pro Liar appear before court.  I’m sorry but it’s the courts duty, their constitutional obligation to provide Due Process. A prime tenant of Due process is, notice must be given. It’s simply unacceptable for the court to ignore their duty and rely on the communications of a third party paid liar. But Judge Edwin A. Gendron did! Like committing perjury see https://blueridgesprings.wordpress.com/2014/04/12/lies-lying-liar-all-in-a-days-work-at-the-usda/ there is simply no justification for a Judge to deny any individual of his constitutional right especially the right to a jury trial and the right to present evidence on his behalf.

At the very best this was nothing short of the good ole boy network circumventing the law to screw the little guy for the benefit of lawyers and corporations. At worst it was a judicial system fully aware, I would use the evidence of racketeering by the USDA as a defense, and this was a way to prevent government criminals from being forced to testify in my defense. In other words the criminal injustice system was aiding and abetting the USDA’s racketeering enterprise by protecting them from exposure in court to a jury once again!

I will admit this made me very angry and I spoke some choice although appropriate words. However, the court guard had no right to stand on my heels threatening me out the court door. Actually, he should have arrested the judge cause he just witnessed a crime a depravation of an individuals constitutional rights.

When a judge acts intentionally and knowingly to deprive a person of his constitutional rights he exercises no discretion or individual judgment; he acts no longer as a judge, but as a “minister” of his own prejudices. Pierson v. Ray [ 386 U.S. 547, 568] referencing 100 U. S. 100 U. S. 339; 2 Harper & James, The Law of Torts, 1642-1643 (1956).

“ Jurisdiction, although once obtained, may be lost, and in such case proceedings cannot be validly continued beyond the point at which jurisdiction ceases”. Federal Trade Commission v. Raladam Co. , 283 U.S. 643, 75 L.Ed. 1324 51 S.Ct 587.

Such actions by a judge are in violation of Federal Law:

“Title 42 U.S.Code §1983 “Every person who under color of an statute, ordinance, regulation, custom, or usage of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”

February 2, 2015 while researching my appeal options, I thought to look on the courts docket. On February 2, 2015 still no indication any other court proceedings or filings had occurred in my case. The court docket still showed only the original court appearance date and the date for the continuance hearing. See the hyper link pdf to verify the courts docket.GENERAL DISTRICT COURT ONLINE by Civil Case Number CASE INFORMATION SYSTEM Do you think the docket said anything else in December, or January than it did now on February 2, 2015?

February 4, 2015 I went to the clerk’s office to file the necessary papers for an appeal. I was informed by the clerk I would have to post a $25,000.00 dollar bond to appeal although, I could file for In Forma pauperis status with the state court. I was dismayed at the absolute disarray of the clerk’s office and took these snapshots as they objected.

IMG_4475 IMG_4474

Does this look like a well run clerks office or typical of our Government resources? Perhaps they were not getting their job done? 

IMG_4473

Unable to borrow against my real estate holdings, unable to get a mortgage, how was I going to obtain a $25,000.00 bond, had I been able to do that I would have long paid it off. I filed for In Forma pauperis but Judge Martin F. Clark jr almost immediately denied it. Yes! Son of the Lawyer who was the attorney on the sale of the illegal dump to me. Once again the good old boy network was at work. These Judges civil servants intentionally depriving a civilian of constitutional right to a Jury trial as stated in the 7th amendment to the Constitution of the United States. Little guy gets screwed out of justice. Constitutional rights have no meaning when the judicial system refuses to honor them!

I don’t know if the judges did this for malice in connection to other criminal activities I had encountered with local government officials. Whether they did it to keep me from presenting evidence of the USDA’s racketeering enterprise in my defense, which was my goal, along with a counter suit against other financial institutions for the mortgage collapse, or weather it was simply to cover up mistakes by the clerks office. I simply find no justification for denying an individual his constitutional rights.

I can’t even begin to count now how may times my constitutional rights to Due Process, To a Civil trial by jury, to equal justice under the law have been violated by the judicial system. This behavior is appalling, oppressive, tyranny, and unconstitutional We the people must put an end to it!

Therefore, I’m proposing as a start to ending this kind of judicial disrespect for the law and the constitutional rights of individuals that every court room in the United States be continuously video taped and audio recorded and subject to civilian review upon the filing of any complaint of misconduct by a Judge. Think about it this way. Time and again we are reminded that people are capable of horrific offenses. A judge is no less likely to ignore the law than anyone else. We have videotape now on school buses, in hospitals, malls, and grocery stores, even on street corners and police are being given body cameras. Why should the judicial system be allowed freedom to commit their crimes behind closed doors protected within the confines of their own white-collar gang of professional obfuscators. Why with todays advancement in technology do court rooms still rely on transcribers. I believe its because judges can still control what those transcriptions say and show.

Its time America demand transparency, accountability, and responsibility from the U. S. Judicial system. Time We The People have civilian review boards to review complaints of judicial  and police transgression.

I’m the little guy who was debt free when the mortgage collapse started, the little guy who got clobbered by the financial institutions negligence, and fraud, clobbered by negligence and fraud in the USDA, clobbered by deprivation of my constitutional rights in Federal Court, General district court, and Virginia State Court. Truth is the U.S. Government and the U.S. Judicial system has more serious career criminals in it than we have in all the U. S. prisons combined.

Next Post I start preparing readers for the next law suit on which I expect government will respond to criminally ignoring laws.

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Now Consider This!
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Now Consider This!

Working on my next bloq post I found it growing rather lengthy, I realize when they get too long people get bored and stop reading, especially mine filled with facts and prose of professional liars. The next post needs a lot of background setup to bring home the point. Buried in those details I had a point to make which I wanted to elaborate on and rather than lengthen the next post i decided to put this one out on the subject.

The Federal Court and the USDA have in court documents made countless derogatory statements about the size of the house we were building on this purposed Farm Winery operation. The size of the house in fact is the sole issue upon which the USDA has gotten the Federal Courts to grant them deference in interpretation of the law to deny our farm loan application.

I could provide numerous examples of the courts and the USDA’s attempts to exaggerate the size and utilization of the house.

Consider this on the house.

  • The original design of the house was for 2,400 square feet with a two car garage. We worked every possible angle to keep the garage on the same level as this one level house. The fewer steps into the kitchen with groceries the better when you get old.
  • This original design was a modified downsizing of our previous home. It eliminated the dinning room in favor of a larger family room added a mud room and switched which side of the house the master bedroom and bath were on. Minor other changes were made but overall the floor plan was very similar. We changed the elevation to look more like an old farm house than Charleston Low country.
  • I have had my legs broken multiple times in my life, Both of my knees are in need of repair. As a consequence of my broken legs one is longer than the other and my hips are also in bad shape. I have for years believed that I will one day no longer be able to walk. This is the reason the house was to have everything on one floor and the doors were all designed to be big enough for a wheelchair to pass.
  • In the process of building a road to the property one crew took some measurements of elevation on the purposed house site. The one site with the least disruption to trees etc.for a  house. To our dismay the ground had 12 feet of fall from the front right to the back left corner. Consequently, the house would require a substantial crawl space.
  • WE looked at every available option to minimize cost while maximizing utilization of the large crawl space. Local building requires a block wall greater than 10 feet be engineered, filled with concrete and rebar. When you consider the cost of block, having it laid, putting in rebar, waterproofing, engineering fees etc. The cost was very high even when you considered framing up sections which could be done that way.
  • We chose instead to use 10 foot tall preformed concrete walls from superior walls. The cost of adding windows and doors to these walls was almost offset by the reduction of concrete in them. Overall they offered superior quality for far less cost.
  • We informed the Architect that the house would require a basement. He asked us if we ever intended the space to be livable how we would want it laid out. Having never intended for such space pretty much left that to him. Knowing what he was doing he designed it for efficiency. Every label put on the house plans was done by the Architect.
  • Yes we knew this was going to be a very large basement. Yes we planed building it the most cost efficient we could while ensuring that longer term it had significant utilization potential. In fact we planned first to use it as an initial site for making wine. We considered finishing parts as living quarters for my aging mother. But you must realize that I spent 10 years working weekends and holiday’s and nights to complete my previous home. All a DIY projects.

Consider this on farming.

  • Prior to the Real Estate markets collapse I had bank financing in place to develop this project. Even after the market began its pucker I was able to get financing. For various reason we never used or committed any borrowed capital.
  • The land I purchased 23.75 acres i bought with my own capital. when local real estate agents criminally flipped it to me, but that’s another story.
  • I worked with and had a road built on the property to take get from the road frontage to the top of the property where the best views of the piedmont were.
  • I began farming the Apple Orchard without crop insurance and spent 10’s of thousands in revitalizing it. Along with my own unpaid time utilizing my own Funds. As the Orchard improved I bought a tractor, a bush hog, an air blast sprayer, and several other farming implements and tools and bins for harvest.
  • I spent 5 Years farming and preparing this land for the planting of a vineyard, to continue the apple production for the purpose of making hard apple cider and viniferous wines.
  • The first year a worthless crop. The second not great damaged by hail all sent to juice. The third year serious hail damage very little crop of any value. Fourth year again wiped out completely by hail. Year 5 our first really good year, high prices no hail,  as everyone else got wiped out by frost. Finally a crop sold 90% into the fresh produce market and finally production on which we would now get crop insurance eligibility.

Consider this overall.

  • Local officials did everything they possibly could to delay efforts on the road, the well, the septic, the house, There was so much of it the intention was obvious. You’re going to pay the locals 3 times what a job should cost to get these things done or you’re going to be stopped or delayed. Local officials want their share too and by the way the locals don’t have the skills to do the work anyway. This was happening and I had no way to prove anything illegal about this extortion racket. It was the impetuous for my research that led me to the RICO law which I ultimately used against the USDA in my Federal Lawsuit.
  • Local Farmers had no interest in helping us with the endeavor, Generally they could not understand what this city fella was doing in the country, and they do not like outsiders, especially not democrats or yankees. Our operation was assisted with numerous thefts, multiple acts of vandalizing farm equipment. This is a community that does not like change or outsiders. If you’re not born here you’re not welcome here.

Consider this about me.

  • This land I owned out right with my own hard earned money.
  • This Farm I put back into production providing local jobs and hope for a new potential business in rural community in desperate need of jobs and economic stimulus.
  • This house I managed just about every crew and aspect of its construction.
    • I personally dug footers with a shovel.
    • I personally put in the gravel base and drainage.
    • I personally installed the plumbing, drainage, radon emission removal,
    • I personally back filled around the underground walls with numerous tons of stone and a wheel barrow.
    • I personally did the prep-work for insulating,radiant floor heat, and  pouring the basement concrete flooring.
    • I personally ran the crew and the saw for the framing done to date on this house.
    • I personally laid the block walls on the front porch, and garage. and formed and prepared the site for pouring of all concrete, garage, patios, and basement.
    • I personally installed the well pump and the wiring.
    • I personally built and installed the power poll for the power company.
    • I personally, ran the tractor and sprayer through all 5 years of caring for the orchard crop.
      • I spent 10 thousand a year on chemicals and fertilizer for this effort.
    • I personally, worked my ass off on this place doing whatever needed doing all on my own dime.

Consider this when USDA denied me a farm loan.

  • I had put this farm 23 acres back into production and qualified for crop insurance.
  • I had personally built a house from the ground up to sheathing the roof.
  • I had put in irrigation to reach the planting of a vineyard.
  • I had prepared the land, rows, ditching, ground cover, rock removal, and was prepared for the planing of the vines.
  • I had cash in the Bank.
  • I owned everything except the tractor debt free. I only had a loan on the tractor to keep my credit active.
  • My credit was spotless after thirty years without ever so much as a late payment.
  • I started construction of the house in 2008.
  • In 2009 I talked with the SBA on this Farm winery and cabin rental business proposal and was told I would first need to be declined by the USDA.
  • I researched Farm Loan eligibility and found I was not eligible for the following reasons.
    • I was able to obtain credit.
    • I did not have 3 years of farming experience.
  • In 2011 as we marched on our merry way with this business plan the mortgage market had collapsed and in June of that year Dodd Frank was implemented. In October of 2011 USDA altered their handbook guidance on the rules regarding the use of funds to purchase a dwelling.
  • In 2012 I learned of the Implementation of Dodd Frank and Reg B. every financial institution informed me then they could no longer lend money against my assets unless I had a job. I thought I had a job. I was running the orchard, the orchard crew, the Framing Crew and personally building a house and managing the finances etc. How was I going to keep doing it and work a full time job? I was trying to build a very large product.
  • In the Fall of 2012 I submitted an application for a farm loan. I was now eligible.
    • I could not obtain credit elsewhere.
    • I had 3 years of farming experience and met all other known requirements.
  • November 2012 the USDA denied my farm loan they said for three reasons.
    • Because I intended to pay myself to work on these capital improvements, USDA said I was asking for a loan to pay living expenses.
    • Because I was asking to pay myself to work I was somehow refinancing debt I did not have.
    • The house is to big and therefore not essential to the farm.
    • The only one of these to survive a corrupt federal court is my house is to big.
    • I WILL ALWAYS CONTEND AND DEFEND THIS IS JUST LIES TO COVER UP FOR GROSS NEGLIGENT, FRAUDULENT, DISCRIMINATORY AND INCOMPETENT PERFORMANCE OF DUTIES BY USDA PERSONNEL.
    • There is certainly much more to read on the blog about that.

Consider the Mortgage Collapse.

  • Prior to the Financial Mortgage crisis credit for this project was available.
  • Prior to the collapse No Doc, Low Doc, lending was available,
  • Prior to the collapse you could mortgage the farm to farm.
  • Prior to the collapse you could use your land as collateral for construction development.
  • Prior to the collapse real estate holdings could be used as collateral for asset based lending.
  • AFTER  the collapse Dodd Frank was implemented and all these options disappeared.
    • The Mortgage Collapse was brought on by Fraud and Negligence in the mortgage market by numerous Financial Institutions.
      • Prior                                                                                       After
      • Country Wide Financial——————————-> Bank of America
      • Washington Mutual ———————————–> J.P. Morgan Chase
      • Golden West Financial ——–>Wachovia———–> Wells Fargo
      • Meryl Lynch——————————————–> Bank Of America
      • Leman Brothers—————————————-> Collapsed
      • AIG ——————————————————> AIG
    • These institutions have been fined Billions of Dollars and required to provide Billions of Dollars in Mortgage Relief to Investors and borrowers. In blue are links to articles on these settlements.

Consider the outcomes.

I  had no mortgage, owed nothing on this farm or the house. I had 5 years of sweat equity in the building of a farm operation a house and a business plan. I had my life’s work invested in this project and I got financially ruined, physiologically raped, robed and had my constitutional rights ignored as a direct result of the mortgage collapse and the implementation of Dodd Frank, the USDA denying me a Farm loan because my house was to big!  This folks, is how the U.S. Government is destroying America!

Don’t tell me, I didn’t have enough equity in my project. Don’t tell me, I was under water or upside down on my mortgage. Don’t tell me I wasn’t working hard enough to succeed. Don’t tell me my business plan or model was flawed. Whats flawed is the Governments full of corruption and criminals interested in killing the American Dream. While they enrich the 1% on the backs of all of us working slaves.

Underwater homeowners and those upside down have been given principal reduction. Refinanced into the lowest mortgage rates of the century.

While I got fucked by these financial criminals, corrupt public officials, corrupt General District Courts, a corrupt Federal government, a USDA racketeering enterprise, and a Federal judicial System protecting government criminals.

I had 470,000 in this property in direct cost not including my time, and effort, or any of the farming cost, or any of the cost, of prepping the land for planting, or putting the apple orchard back into production.

NOW consider this!

I’ve pursued justice from the USDA for 3 Years all the way to the Supreme Court and I’ve never gotten a fair hearing.

All because they refuse to admit they made a mistake not granting a $300,000 farm loan entirely for capital improvements against my 470,000 + investment because my house was too big.

Good Fuckin luck on the American Dream given the Governments desire to stop you!

Next post details and evidence of another Federal Crime by a judge in the illustrious judicial system of America.

Anatomy of a Criminal Threat Absent Malice
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Anatomy of a Criminal Threat Absent Malice

In this post I used the following references, and as such, I’m relying on their content, This should stand as a good faith effort to ensure this post is within the Law. That is, its legally done. These linked articles are listed in order of relevance and reliance 1.9 Tips To help You UnderStand Criminal Threat Laws by Aizman Law Firm .2. Criminal Threats  by Nolo 3. “What are Criminal Threats and The Defences to This Charge” by Greg Hill Associates.

Why would I want to threaten anyone. Well its like this, I’ve been attempting to get justice from the U.S. Government specifically the USDA for almost three years now. I was locked out of the Mortgage market in 2011 as a result of the negligence and fraud of our To Big to Fail institutions, whose criminal activities gave us Dodd Frank legislation. I was told by the SBA I would need to work with the USDA because my business model involved farming. I was forced into homelessness because of criminal negligence, fraud, and discrimination by the FSA a division of USDA. The DOJ, I believe as counsel for USDA began an immediate program of cover up and denial. The NAD also a division of the USDA violated my constitutional rights and the law to protect the USDA from the criminal allegations. I took my case to Federal Court where Superior Federal District Judge Jackson L. Kiser also covered for the USDA with lies, deceit , deception and outright criminal denial of my constitutional rights. The Fourth circuit court of appeals simply passed on these acts without comment and the U. S. Supreme court denied certiorari. Please refer to the earlier blog post for details on these and other allegations I would like presented to a jury. Update March 27 and now once again criminally blocked in the courts by the Just Us System! Case # 1:15-cv-01344EJD the court of No Conscience!

I have from the beginning sought help with these crimes against my family from all of the major media outlets, the  ACLU, FBI,CIA, HomeLand Security, my congressman, my senator, the Inspector Generals office other congressmen and senators and even written the President of the United States multiple times. The White house has not responded now after 5 months to my most recent communication. Read the letter on the blog also posted on Whitehouse.gov.

Not one Agency, Not one Media outlet, has attempted to discuss the facts of these allegations with me or anyone in my family. Just like FSA personnel never asked a single question or even pulled a credit report before denying the loan application on a farm I already owned and had put 5 years of work into. Just like the “USDA”Office of inspector General which conducted and closed an investigation of Fraud, Negligence, and discrimination without ever asking me or my family a single question. There’s  always two sides to every story!!

I have have been raped by the U.S. Government, robbed by the USDA and the Federal Judiciary the evidence of these facts can be found in the court filings on the dockets for the Federal District Court of Virginia Western District Danville, the fourth circuit court of appeals, and the Supreme court filings. Additionally, I have written and provided evidence of many, but, by no means all of them on this blog.

The USDA, The Federal Courts, and the District courts have committed  numerous Federal  criminal offenses against me and to date. I have been denied my constitutional rights repeatedly.

  • To a fair hearing before an impartial tribunal
  • To Due Process
  • To Equal Justice Under the law
  • To a Trial By Jury as is my constitutional right.

My family and I are suffering daily under these criminal and unconstitutional actions of the U.S. Government and the U.S. Federal Judiciary. I’ve seen the degree to which they’re willing to ignore my constitutional rights and willing to commit criminal acts to do so. I intend to face the Government in Federal Court numerous times in the months, weeks, and years ahead. So I make this threat although, not a criminal one, Ironically for the express purpose of attempting to prevent more crimes against me and my family.

Does this post rise to the level of a criminal threat? Well it’s  certainly done in writing and by electronic means. However, It will not be directed at any specific individual, and it will be seriously questionable whether it can be taken as a believable threat. Read on for defense of this argument.

I respectfully request if you’re going to read more of this post you be fair and commit to reading one other Dumb and Dumber Judges Don’t Know English

Continue reading →

Dumb and Dumber, Judges Don’t Know English!
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Dumb and Dumber, Judges Don’t Know English!

There’s a long story on how and why I came to apply for a Farm loan with the Farms Services Agency (FSA) / USDA and I’ll leave that for another post. It was the only financing option available as a result of the mortgage crisis when the application was made. Important to note, in addition to three years of farming experience, it’s also a condition of eligibility for an FSA Farm loan to be unable to obtain credit financing elsewhere.

Two and half years later and still not able to secure financing to finish a half-built house on 24 acres of land, that’s debt free. All the work that went into six years of business development, is all but lost. It would take a minimum of three years to restore the lost effort although it can now never be recovered. There’s simply no way to ever recoup the lost opportunity

I allege that in the processing of the loan application FSA/ USDA personnel were negligent. That they failed completely to follow their required procedures. That they attempted with fraud and mail fraud to have the application dropped for compliance issues and when that failed they drafted a declination letter with fraudulent explanations expecting they would never be questioned. However, they were mistaken and I will not stop my pursuit to hold them accountable and responsible until I have justice and vengeance.

Just about everything that’s occurred after that’s been a conspiracy of the USDA’s racketeering enterprise “by design” to cover up the agency’s negligence and the criminal acts of Farm Service loan officer James Rigney and Farm Service Loan Manager Ronald Kraszewski. Herein after referred to as dumb and dumber. This conspiracy and cover-up are to avoid accountability and responsibility and financial damages caused by the criminal acts of these two individuals and the extraordinary negligent mismanagement of FSA personnel by USDA management.

I read all the loan requirements I was aware of, and as an accountant, the explanations being given for the denial of the application were highly dubious, and suspicious. Basically, the three reasons given for denial were:

  1. I wanted to pay myself to work on capital improvements, which dumb and dumber termed as a request for living expenses.
  2. My house was not modest is size cost and design ”i.e. too big”.
  3. I was trying to refinance debt I did not have.

Basically, this is how the denial explanations of Dumb and Dumber have been justified through mediation, pre-administrative hearing, administrative hearing, director review, federal district court, the fourth circuit court of Appeals, and denial of certiorari by the supreme court of the United states.

The first reason was found to be erroneous by the hearing officer in the administrative hearing, although, we’re certain that the determination occurred even before the hearing. We pointed out to Dumb and Dumber at mediation the farm service loan handbook covered a loan recipient paying himself to work on capital improvements and the agency referred to it as the borrower method. Dumb and Dumber at the time appeared completely caught off guard by that fact. Interesting. it’s a reference line in the handbook directing the loan officer to refer to another handbook.

The third reason was dropped in the administrative pre-hearing. Dumb and Dumber believed if I paid myself to work on capital improvements, I was paying myself living expenses, and somehow that was refinancing debt. The accountant in me found this extremely laughable but, also incredibly ignorant and negligent of the agency and the loan officer; negligent of the agency for putting individuals in the position of loan review without proper training. Ignorant of the loan officer because he had never obtained the credit report which I paid an upfront fee for the agency to acquire and which showed I had no outstanding loans.

From these items, the fact these individuals had not been properly trained, the fraudulent nature of the declination letter, the prior attempt to fraudulently dismiss the loan application, the failure to follow their prescribed procedures, the specifics around the logic for item two which I researched. It seemed apparent it was just a point-blank effort to find fraudulent justification for denying the loan.

The handbook reference dumb relied on for reason two is badly written, technically based on the English language incomprehensible, furthermore, it was taken out of context and simply does not say what the enterprise says it does. The enterprise has conspired in order to protect itself from monetary damages for all the torts committed by Dumb, dumber, the USDA, and others.

So when it comes right down to it in a court of law. What should really matter is what the law say that would be Title 7 section 1923 and how the Agency interpreted the law with their promulgated regulation which is 7 CFR 764.151. With regard to my house not being modest in size cost and design there is nothing in the law or the regulation stating that. The administrative hearing officer, the National Appeals Division (NAD) director, and four Federal judges[1] have relied on the agencies interpretation of the law, which is promulgated for public reference and codified in the Code of Federal Regulations (CFR) as 7 CFR 764.151 which states as follows:

  • 764.151   Farm Ownership loan uses.

 FO loan funds may only be used to:

(a) Acquire or enlarge a farm or make a down payment on a farm;

(b) Make capital improvements to a farm owned by the applicant, for construction, purchase or improvement of farm dwellings, service buildings or other facilities and improvements essential to the farming operation. In the case of leased property, the applicant must have a lease to ensure use of the improvement over its useful life or to ensure that the applicant receives compensation for any remaining economic life upon termination of the lease;

(c) Promote soil and water conservation and protection;

(d) Pay loan closing costs;

(e) Refinance a bridge loan if the following conditions are met:

(1) The applicant obtained the loan to be refinanced to purchase a farm after a direct FO was approved;

(2) Direct FO funds were not available to fund the loan at the time of approval;

(3) The loan to be refinanced is temporary financing; and

(4) The loan was made by a commercial or cooperative lender.

Here is a link to this government regulation on the ecfr.gov site.

http://www.ecfr.gov/cgi-bin/text-idx?SID=038c46f00a6aab43f60688a7f2625bfd&mc=true&node=se7.7.764_1151&rgn=div8

Specifically, as it relates to my case the hearing officer, director, and four federal judges have upheld that the USDA is entitled to “deference” to interpret the regulation at 7 CFR 764.151(b) to say making capital improvements to my house with farm loan proceeds is not allowed because the size of my house makes the improvement not essential to the farming operation. In the words of Superior Federal district court judge Jackson L. Kiser in his memorandum opinion docket # 78 08/15/2015 on the bottom of page 7. Judge Jackson L. Kiser justifies his opinion and grants the USDA deference in the interpretation of this promulgated regulation as follows:

“The applicable regulations state that FO funds may only be used on “improvements essential to the farming operation.” 7 C.F.R. § 764.151(b) (emphasis added).”

This interpretation was upheld by the 4th circuit court of Appeals!

I state for the record unequivocally and given a trial by jury will defend the allegation this is nothing short of an intentional lie to protect the criminal acts of Government employees and to protect the racketeering enterprise operated by the USDA. Understand folks the financial and personal losses caused by this are equivalent to terrorism, torture, and rape.

I contend the Federal Judiciary has criminally and unconstitutionally aided and abetted the USDA’s racketeering enterprise with the use of unconstitutional deference as in this case for decades. [2]

I further contend this goes beyond deference it’s an intentional misrepresentation and false statement of the plain language of the regulation and the relevant statute it represents.

The regulation plainly says “OR” here it is again abbreviated

“Make capital improvements to a farm owned by the applicant, for construction, purchase or
improvement of farm dwellings, service buildings or other facilities and improvements essential to the farming operation.”

For the enlightenment of these criminal federal judges, the definition of the term “OR” by Merriam Webster online dictionary is:

“ 1 —used as a function word to indicate an alternative , the equivalent or substitutive character of two words or phrases , or approximation or uncertainty 2 archaic : either.”

It means you can do this or that, not this is dependent on that.  http://www.merriam-webster.com/dictionary/or

Let’s try a little substitution shall we:

“Make capital improvements to a farm owned by the applicant, for construction, purchase alternatively improvement of farm dwellings, service buildings alternatively other facilities and improvements essential to the farming operation.”

When I first looked at this regulation, I did not believe it meant all capital improvements, construction, purchases, or improvements to farm dwellings needed to be essential to the farming operation. I consulted with numerous individuals prior even to requesting mediation and starting with ask.com. Ask a lawyer. Here is the actual text of that conversation and I will add that two more lawyers, an English major with a master’s in English, and two farmer advocates, all affirmed this interpretation before we had ever attended meditation.

“JACUSTOMER-ec2m6j9z- :

Does 151b indicate that if the FO is for a farm already owned it can be used for basically any capital improvements?

ScottyMacEsq :

Yes. One of the rules of statutory construction is to look for “and” and “or” signifiers. “Make [capital improvements to a farm owned by the applicant], for [construction], [[purchase] or [improvement] of farm dwellings, service buildings or other facilities] and [improvements essential to the farming operation].” Basically, any of these can be the basis for Farm Ownership Loan

ScottyMacEsq :

So capital improvements to a farm owned by the applicant are one such possibility, as is the construction of farm dwellings, as is the construction of service buildings, as is the construction of other facilities… and so on and so forth.

JACUSTOMER-ec2m6j9z- :

Do the last statement and improvements essential to the farming operation mean that all of the above must be essential or that those of premise must be?

JACUSTOMER-ec2m6j9z- :

off-premise

ScottyMacEsq :

No. It’s more of a “catch-all” provision, that “improvements essential to the farming operation” is an additional category that can have an FO loan. That is, there could be improvements that are not farm dwellings, service buildings or “facilities” that could still be “improvements” essential to the farming operation.

ScottyMacEsq :

So the FO loan can still be used for improvements that might not fall under a dwelling, service building, or another facility…

ScottyMacEsq :

For instance, farm dwellings are not “essential” to farming operations, as farming operations don’t require anyone to live on the premises.

ScottyMacEsq :

So an alternate reading would not make any sense.

JACUSTOMER-ec2m6j9z- :

That was my interpretation as well thank you for your confirmation.”

End

So you tell me why did the USDA personnel and four Federal judges come to a different conclusion? Who benefits from their false and erroneous interpretations? Government?

Tell me America which interpretation do you believe is correct?

PLEASE  Leave a comment in the reply box at the bottom of the blog and Vote: For ask .com or For Federal Government employees. Which source do you believe? 

As you consider this question America keep in mind that failure to follow the law, and failure to provide due process are a violation of Federal Law. Yes, a felony and so would be aiding and abetting a criminal racketeering enterprise in the commission of its stated objectives.

I say Indeed, Anti-Federalists who sought limits on Article III for much the same reason they sought a bill of rights (especially those protections relating to judicial procedures) were right when they feared that courts—especially courts of the new and powerful national government—could become instruments of tyranny. Elbridge Gerry, who refused to sign the Constitution, said that his principal objection was “that the judicial department will be oppressive.”[3]

In further support of my argument it’s well-established law that provided a promulgated regulation is ambiguous the Federal Courts are to place reliance on the plain language of the relevant statute as written by the legislature. Here is the plain language statute that 7 CFR 764.151 is designed to interpret codified in Title 7 Section 1923.

  • 1923. Purposes of loans

 (a) Allowed purposes 

(1) Direct loans

A farmer or rancher may use a direct loan made under this subchapter only for-

(A) acquiring or enlarging a farm or ranch;

(B) making capital improvements to a farm or ranch;

(C) paying loan closing costs related to acquiring, enlarging, or  improving a farm or ranch;

(D) paying for activities to promote soil and water conservation and protection described in section 1924 of this title on a farm or ranch; or

(E) refinancing a temporary bridge loan made by a commercial or cooperative lender to a farmer or rancher for the acquisition of land for a farm or ranch, if-

(i) the Secretary approved an application for a direct farm ownership loan to the farmer or rancher for acquisition of the land; and

(ii) funds for direct farm ownership loans under section 1994(b) of this title were not available at the time at which the application was approved.

Please make note this statute as written makes absolutely no mention of any requirement that any use of funds is essential to farming. Nor does it suggest a use for “other facilities and improvements essential to the farming operation”!

Here is a Link to this title and section: http://uscode.house.gov/browse/prelim@title7/chapter50/subchapter1&edition=prelim

Yes, I allege that these four Federal Judges are corrupt and have committed a crime of injustice. I have asked the President to perform his duty under the Take Care clause as the only way to hold Federal Judges accountable to the law. Why would they do this? To protect their own? To protect the Judiciary which has been granting this type of deference without allowing for jury review as the Constitution requires? Because the DOJ aided this enterprise as well? Because this enterprise includes NAD another bunch of lawyers. Or was it simply because they know who pays their salary?

Corrupt Federal Agencies aided by Corrupt Federal courts. This is not Constitutional not Democracy! Not American!

I’ll have Justice and Vengeance “or” Justice or Vengeance but according to these four federal judges there really isn’t “Any” deference oh and “Any doesn’t mean “Any” Anymore! See my blog posts for clarification on that and more.

Chris Julian – Pro-Se

[1] Hearing Officer Jerry L. King, NAD director Roger Klurfeld, Superior Federal Judge Jackson L. Kiser, 4th CA Senior Judge Clyde H. Hamilton, 4th CA Judge Robert B. King, and 4th CA Judge Barbara Milano Keenan

[2] See the recent blog post-blueridgesprings.wordpress.com Supreme Court sells out a constitutional obligation to the American People. Also see SCOTUS comments on deference in Whitman v. United States, 574 U.S. (November 10, 2014), Perez v. Mortgage Bankers Association (March 9, 2015), and United States V. Kwai Fun Wong (April 22, 2015)

[3] Quoted in Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 Harv. L. Rev. 49, 54 (1923).

Supreme Court Sells out Constitutional Obligation to The American People !
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Supreme Court Sells out Constitutional Obligation to The American People !

Supreme Court or Supreme Government Puppet

Recently the United States Supreme Court denied certiorari to petition 14-1051. In denying this petition the court dismissed its constitutional duty to all of America. They sold their judicial powers under the constitution of the United States to an executive branch of the U.S. Government.

They dismissed the judicial “check” on the political branches. Unlike the Legislative and Executive Branches, each of which possesses several political checks on the other, the Judiciary has one primary check on the excesses of political branches. That check is the enforcement of the rule of law through the exercise of judicial power.

In denying petition 14-1051 they allowed the USDA to continue racketeering operations they have operated now unconstitutionally for decades. Subjecting tens of thousands of poor American farmers to tyranny and despotism while destroying their lives, livelihood, families, and futures.

This decision by the Supreme Court (Government Puppet) shirked the greatest obligation to the American people the Supreme Court has. A constitutional obligation to exercise their judicial checks on the other branches of Government subjecting the American people to precisely the abuses the Framers of the Constitution sought to prevent!

I respectfully request “We the People” of the United States of America stand up and demand at the top of our lungs to rectify the despicable, shameful discharge of the Court’s primary responsibility to We The People and the Constitution. It is precisely the usurpation of judicial powers by an executive branch of Government that leads to the very tyranny the founding fathers intended the separation of powers and the provision of trial by jury to prevent.

The Court failed to grant this petition even though numerous justices had just recently provided lengthy dissertations on these very issues and the court’s obligations to them in Whitman v. United States, 574 U.S. (November 10, 2014), Perez v. Mortgage Bankers Association (March 9, 2015) and United States V. Kwai Fun Wong (April 22, 2015) Even though this case had all the elements of these recent decisions and was a perfect vehicle for addressing the one unresolved major constitutional issue. The Court denied this petition presenting the very question they stated a desire to address.

There are numerous articles on these cases and their subjects to be found in the National Law Review and on the SCOTUSblog.com Denial of Petition 14-1051 demonstrates just how hypocritical the Supreme Court Justices can be! It Demonstrates the Court’s willingness to protect criminal operations by the other branches of Government. It demonstrates the Court’s unwillingness to perform its duties to the constitution and the American People.

I’m sure there are countless other cases in the libraries of the Federal Courts that demonstrate the Federal Courts’ willingness to ignore Federal Law, to ignore all Legal precedent, to willingly protect the Sugar Daddy and his merry band of thugs. But I seriously doubt there are many denied petitions if any that demonstrate such a  serious lack of moral and ethical integrality by the Supreme Court than this!

There’s no evidence anyone has ever brought a case to the Federal Court or the Supreme Court with the power this case had to grant the court the constitutional right to dismantle this heinous racketeering operation run by the USDA. You can read a little about USDA’s history of Oppression here.http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs141p2_015583.pdf There are many more relevant articles to be found here. http://www.blueridgesprings.com/yourusda.html

While the petition may have been mine I took it this far for the tens of thousands of farmers who came before me. Now I need the people’s help to let your legislators and the President know you do not wish to be subjects of a criminal unconstitutional tyrannous Government aided and abetted by a Corrupt Federal Judicial system!

This court sold out the American People, the Constitution, and justice for my family and friends to Government corruption!! I’m sure I’ll have critics but I can assure you those critics will not have done their homework!

Having presented form SF_95 to the President of the United States the court’s lie about a lack of jurisdiction has been cured this case will come back to court in 6 months unless corruption intervenes again. I want America watching on the next round, please.

see the letter to the Mr. President all that’s necessary for the triumph of Government evil is for those in power to do nothing!

                                QUESTIONS PRESENTED By Petition 14- 1051 Denied April 27, 2015

  1. Is a Racketeer Influenced Corrupt Organization (RICO) enterprise operating in and by a Federal Agency protected from civil suit for violation of the RICO act Chapter 18 §1964(c) for violations of  1961 and §1962 (a-d) by sovereign immunity or provisions of the Federal Tort Claims FTCA?
  2. Should a court grant deference to an administrative agency’s statutory interpretation where it can affect the outcome of civil or criminal litigation?
  3. When a Federal Agency denies an appellant opportunity to present evidence of negligence, fraud, and discrimination, relevant to an agency decision, and judicial review is limited to review of the administrative record and the provisions of 5 U.S.C. §706, Have the administrative procedures in conjunction with the limits on judicial review not effectively violated the appellants constitutional right to due process and a jury trial?
Mr. President all thats necessary for the triumph of Government evil is for those in power to do nothing!
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Mr. President all thats necessary for the triumph of Government evil is for those in power to do nothing!

Blue Ridge Springs Orchard

blueridgesprings.com

 BRS_Image

April 14, 2015

President of the United States
Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Re: Racketeering by the USDA and Form SF-95

Dear Mr. President:

Mr. President, I’ve always been your ally and supporter. I mean absolutely no disrespect to you or your administration in sending this letter. I’m fully aware your administration inherited many issues of corruption in government at the IRS, VA, CIA, NSA, and the Secret Service, I’m writing to you regarding corruption at the USDA and in the Federal Judiciary for three primary reasons.

First Federal Judge Jackson L. Kiser informed me you were the top law enforcement official in the country and it would take executive action on your part to rectify the tyrannical despotic operations of the United States Department of Agriculture, which destroyed my life’s work and relegated my family to homelessness. Given the Federal Courts have ignored numerous federal laws, their judicial oaths of office, and all prior legal precedent, and justified their opinions with deceit, deception, intentional misrepresentation, and outright lies. All of which I’m happy to provide evidence of before the jury I demanded as a constitutional right. It follows, the Judiciary is not performing its appointed duties and your intervention under the take care clause 5 of Article 2 of the United States Constitution is required to protect the laws and the Constitution of the United States.  As President, it is your sworn duty to uphold federal law for racketeering against the USDA and the Federal Judiciary for aiding and abetting this enterprise, violating their oaths of office, and violation of 42 U.S.C. §1983 for justice, the law, and the U.S. Constitution to prevail.

Secondly, Judge Jackson L. Kiser and his cohorts – Judge Clyde H. Hamilton, Robert B. King, and Barbra M. Keenan of the fourth circuit court of appeals have intentionally ignored numerous federal laws, all legal precedent, and their judicial oaths to railroad this case and assist the USDA in the commission of a racketeering operation objective to steal constitutional rights to trial by jury, They have prevented this case from any evidentiary hearings or ever being heard in a courtroom and have granted the USDA extraordinary deference to write there own laws to avoid attaching financial damages for numerous acts of negligence, fraud, mail fraud, discrimination, conspiracy, and countless other crimes including perjury. Deference I might add several Supreme Court justices have recently argued as Un–Constitutional. [1] I am now dependent on the 1 percent chance the Supreme Court of the United States will grant my petition for certiorari. With the court’s track record in this case I cannot help but be highly skeptical of a positive outcome. I believe with your background in constitutional law and the fact, the leader of this organized crime ring works for you, you may find it of interest therefore; I have included a copy of my Supreme Court Petition with this letter for your reference.

Third, Judge Kiser dismissed part of this lawsuit without prejudice on grounds that I must first file form SF-95 with the USDA requesting permission from a racketeer-influenced corrupt organization (RICO) permission to sue them for being corrupt. I find such to be beyond common right and reason, a violation of due process, and unconstitutional, no agency should be judged in its own case; therefore, since Mr. Vilsack, a member of your cabinet, runs and operates this criminal operation, I’m deferring my form SF-95 submission to you, his manager.

The form is enclosed with this communication. Mr. President, having spent more than 2 years and never having had a trial, an opportunity for discovery, an evidentiary hearing, or the opportunity even for my grievance and evidence to be heard the statute of limitations clock on filing form SF-95 is about to expire. I requested a leave of the Supreme Court to motion for equitable tolling; however, I did not receive a timely response, and given the treatment, I have already encountered in the Federal Courts, I have every reason to believe it would not be granted even though the court has recently questioned the constitutionality of deference. The extraordinary deference granted in this case is highly relevant to an assessment of the legal damages. Furthermore, the district and appellate courts’ actions leave me with no respect for the institution, and highly skeptical that we’ll ever see justice in this matter from the Federal Court system.

The Federal Courts seem determined to aid, abet, and protect the criminal operations and protect the criminals in this agency. I personally believe for an executive branch of government to have established its own court system where the federal rules of evidence do not apply, the rights of due process are totally ignored, and there is no stare decisis is unconstitutional given the specific separation of powers specified by Articles 1, 2 and 3 of the constitution. For an executive branch of the government to have usurped judicial powers where they serve corruption in the executive branch rather than the interest of the people seems highly unconstitutional–downright criminal. A heinous operation you would expect the judiciary would likely demand to dismantle rather than protect. This leads me to serious questions about the judiciary’s true resolve to protect us the people, and the constitution from a tyrannous despotic government.

Mr. President, I wrote to you regarding the issues my family encountered as a result of Dodd-Frank legislation and criminal activities by the USDA in 2012. Additionally, I copied you on a letter, which I wrote to each member of the Senate Banking Committee in January 2013. I appreciate the fact each of these letters received a response from your office. However, it was quite ironic you or your office forwarded my letter of January 2013 to Christopher P. Beyerhelm USDA Deputy Administrator of Farm Loan Programs, who eventually responded, he would not be able to have any involvement with our issues as they were pending with the (USDA) National Appeals Division (NAD) but, he would forward some of our issues on to the Consumer Financial Protection Bureau (CFPB) although they seem to have no record of it.

This was ironic for 2 reasons; first I had already made a complaint to the CFPB. But much more importantly Mr. Beyerhelm’s negligence was a factor in wiping out everything my wife and I worked so hard to accomplish. You see Mr. Beyerhelm is one of the many USDA employees named as defendants in the lawsuit against the USDA for racketeering.

The federal courts have railroaded this case, ignoring federal laws and all prior precedent ultimately leaving my family now in our 3rd year attempting to get justice from an absolutely corrupt despotic federal agency aided and abetted by a corrupt Federal Judiciary. I find it very disturbing to know the RICO act has been used against numerous states, and local government agencies in cases where the courts have always found a RICO enterprise not to be protected by sovereign immunity. In fact, Mr. President, the courts found in United States v. Warner, 498 F.3d 666, 694-97 (7th Cir. 2007), the Seventh Circuit held that your home “State of Illinois was properly charged as the RICO enterprise that was the victim of corrupt office holders’ pattern of racketeering activity”. How is it, that a state RICO has no sovereign immunity while a Federal Agency RICO operated by an executive branch of government is protected?

Overall, our story is long and complex, it would as Mrs. Janice Pigford says regarding their case with the USDA, ” Take Jesus Christ himself to come back here and straighten out this whole mess.” This seems to be the specific intent of the USDA and the Federal Courts, although I’m confident in an honest jury’s ability to find the appropriate answer but, it seems highly unlikely the Government will ever allow that to happen. This brings me to an explanation as to the demands of the lawsuit, which I believe the country deserves.

By the time the lawsuit was filed, we had experienced negligence, on a massive scale, countless acts of fraud, mail fraud, obvious discrimination, violations of the FCRA, FOIA, obstruction of justice in the form of perjury, denied an opportunity to present relevant evidence of these in our defense and being disallowed to present a defense for violating a regulation that was not a regulation when it was broken. Our stellar personal credit had been irreparably damaged as well as being unemployed and relegated to homelessness. At this point, we had become quite aware of the racketeering operations being orchestrated by the USDA to avoid responsibility and accountability for the criminal acts of its employees. Everything we had worked our whole lives to accomplish was being destroyed by a criminal RICO enterprise operated by the USDA.   How do you place a value on this small sample of the damages caused by criminal incompetent USDA-run government agencies?

  • 20 plus years of saving until it hurt to amass the financial ability to make this effort – lost
  • The devastation of a business plan for which you had already provided 6 years of development, planning, financial resources, and hard manual labor to implement – lost.
  • A business plan that was on the verge of getting established when the market demand was growing rapidly – was lost.
  • A viable business development opportunity providing jobs in a rural Hud-Zone in serious need of economic stimulus – lost.
  • Multi-million-dollar life insurance policies which you will never be able to replace – lost.
  • A lifetime of planning to be able to provide care and comfort to your literally poor mom – irreplaceably lost.
  • Time to spend with her and her to spend with you and the only granddaughter you gave her – forever irreplaceably lost.
  • Being forced into homelessness in your fifties with a young daughter now only 8. How can you replace the childhood she’s had with the one she should’ve had? Forever irreplaceably lost.
  • The absolutely despicable fact the USDA is running a RICO operation with taxpayer dollars to hide its incompetent mismanagement, protect its employees from criminal prosecution, and avoid accountability and responsibility. All with malice and specific intent to destroy the lives of struggling farmers whom they’re legislatively directed to assist. Unconscionable!

That’s just the beginning of a very very long list of devastating consequences from the incompetent criminal and corrupt mismanagement of federal resources at the USDA and the unwillingness of the Agency to simply admit a mistake.

  • I was aware the USDA’s largest single legal settlement payout was 14 million dollars.
  • I was aware that the agency had a 3-decade history of discrimination against, Blacks, White, Hispanics, and Women farmers, a history of sexual harassment, and had defended its discrimination successfully against white farmers because white farmers are not a protected civil class.
  • I was aware although, I felt I’d been the victim of discrimination that as a married white, protestant, and heterosexual man I would have no success with a suit for discrimination.
  • I was aware this criminal enterprise would continue to devastate and destroy small farms and farmers as it had for 3 decades if not stopped.
  • I was well aware the stories of farmers from the last 3-decades were all very similar to mine.
  • I am aware this institution needs to shut down or disinfected. Although the culture of this organization appears so culturally corrupt there’s no hope.
  • I was evidently mistaken to believe with such a history, the Federal Courts would follow the law and use the powers of chapter 18 of 1964 to dismantle this criminal unconstitutional enterprise.

Form SF-95

  • Requires the statement of a SUM certain for settlement. It, therefore, denies me the liberty, and the property conveyed to me by congress in chapter 18 §1964(c) to pursue this proceeding for the farmers and people of this country.
    • It denies me the opportunity to leverage the grant of treble damages.
    • It denies me the opportunity to leverage the grant of attorney’s fees.
    • It affords the USDA the opportunity to settle this without granting the court the opportunity to exercise statutory remedies like dissolution or reorganization, which RICO authorizes.
    • It offers no opportunity to make any demands for relief from the agency outside of a monetary one. No opportunity to demand changes to put this racket out of business.

The Original Suit filed in Federal District Court:

  • The original suit requested 1 million dollars a month in damages for all of the reasons stated above and more, but mostly because the Agency was operating a conspiracy of devastation against my family and friends simply because it wished to cover up its crimes, incompetence, and had unlimited time and resources to do so.
  • The original suit requested 1 million dollars a month until settlement. Because of the agency’s specific intent to do harm to my family and friends in order to avoid accountability and responsibility for their criminal behavior and it needed to end post haste or have consequences.
  • The suit requested 1 million each for 4 other individuals whose lives were devastated and irreparably damaged by these same actions.
  • It was intended for this case to never be settled but carried it into trial expecting to win so the court would have the opportunity afforded under RICO to dismantle this criminal unconstitutional enterprise.
  • While RICO suits are for damages to an individual’s property and business, legal precedent suggested the torts may be actionable too however, these could be subjected to provisions of the FTCA. Which came first the chicken or the egg? Deference dictated.
  • The suit also sought repayment of fees paid to FSA for services, that the agency never provided.
  • And for the Agency to repay the plaintiffs for the cost of Mediation which was nothing more than an agency scam, a tool of the racketeering operation.
  • The suit also requested all payments net of taxes. Because previous successful litigants against the USDA claim the IRS partnered with the USDA in retaliation for the suits. Are all the tens of thousands of claims against the USDA valid? I don’t know, but I have experienced and seen their corruption firsthand.

The original suit totaled $14,000,370.25.

Add to that 1 million a month for 19 months only through April 2015.

$19,000,000.00

Add to that the congressional mandate in a RICO case of treble damages:

19+14= 33,000,370.25 * 3 = $99,001,110.75

Plus attorney fees granted by RICO for 28 months based on my last corporate salary at Bank of America 100,000.00 a year is 233,333.36 = $99,234,444.11

Add to that all required federal and state tax payments: will just use an overall estimated tax rate of 42% so the bottom line is $140,912,910.64.

That’s a drop in the bucket compared to the 18 billion dollar settlement the DOJ just made with Bank of America plus all the other financial institution settlements made by the DOJ for their roles in the mortgage and financial market collapse. The mortgage collapse and the implementation of Dodd-Frank is the only reason a request ever had to be made of the FSA/USDA for a farm loan in the first place.

If Brian Moynihan, my former employer, is worth 18 million a year my family, friends and I are worth 12.

Oh, I’ll just let the 29.5 percent interest asked for in the original suit, because American Express hit me with it when I was one day late with a payment for the first time in my life because of this mess slide.

Based on the court’s finding for a lack of jurisdiction, this letter and the attached documents, I find satisfy the court’s ruling effectively, that form SF- 95 be submitted. The Agency may now take their six months on top of the already 2 years they’ve known about these complaints to think about their future in court. I will be better prepared when refilling this suit and more. Upon a ruling from SCOTUS, every public avenue to disclose the truth will be pursued.

Mr. President, I had no desire to travel any part of this road. I simply was working very hard on the American Dream when a financial collapse caused by highly overpaid idiots prompted Congress to implement some bad legislative provisions with Dodd-Frank. This left me no alternative but to pursue the only financing option available – a rural farm loan with the USDA/FSA farm loan program. The criminal negligence, “My opinion” which resulted in the criminal acts committed by this agency led directly to the criminal unconstitutional racketeering enterprise operated by the Secretary of Agriculture. A fraudulent criminal racketeering enterprise that:

  • Denies individual constitutional rights while usurping the judicial system.
  • Allows the commission of crimes hiding behind sovereign immunity.
  • Intentionally grants extraordinary deference to incompetence.
  • Designed to eliminate damages with deference segregated by misuse of the FTCA from the crimes that were perpetrated on their victims.
  • Designed to avoid accountability or responsibility for the corrupt incompetent administration of the people’s resources and to manage legal risk expenses.
  • Designed to prevent an appellant’s presentation of relevant evidence.
  • Designed to hide the truth in any case by only making available the perverted corrupt self-opinionated hearing officer “and/or” Ha! Ha! Director’s ruling protects the system and the powers in Government.
  • Designed for no transparency on any hearing or challenge or brief, just corrupted judges’ opinions and orders available for public review.
  • Designed not just by shielding case history but also with intentional acts to avoid stare decisis from any other appellate hearing.

Mr. President, petition copies for the Supreme Court are expensive, especially when you’ve been forced into homelessness by a government agency and had to spend more than 2 years in legal maneuvers against a defendant with unlimited time and resources. So when you’re finished reading my petition, could you please sign this copy and return it.

I have done and will continue with my last breath to perform my civic duty to the best of my ability to put an end to tyranny and despotism by the U.S. Government.

I consider my obligation to file form SF-95 complete and respect that you will ensure that its appropriately handled and filed.

A judge that justifies his opinions with lies and balances the scales of justice with deceit, deception, misdirection, obfuscation, and misrepresentation is a criminal as are those who look the other way. They have no Honor.

Mr. President, I respectfully request you perform your sworn duty with regard to the take care clause under the 2nd amendment to the Constitution.

All that’s necessary for the triumph of evil is for those in power to do nothing.

Thank you Mr. President for your time and your service.

Sincerely,

Christopher. B. Julian

The Julian Family

474 Orchard View Drive

Ararat, Virginia 24053

Christopher.b.julian@gmail.com

CC: Secretary of Agriculture

1400 Independence Avenue, S.W.
Mail Stop 0101 Room 200-A

Washington, DC 20250

Assistant Secretary Agriculture Admin.

1400 Independence Avenue, S.W.
Mail Stop 0103 Room 240-W

Washington, DC 20250

Dept of Agriculture White House Liaison

1400 Independence Avenue, S.W.
Mail Stop 0112 Room 507-A

Washington, DC 20250

Chris P. Beyerhelm

Deputy Administrator for Farm Loans Programs

U, S. Department of Agriculture

Farm Service Agency Stop 0520

1400 Independence Avenue, SW

Washington, D. C. 20250-0520

As an update to this posting, it should be noted the Supreme Court denied the petition for certiorari on April 27, 2015, just as expected. The reason this letter was submitted to the President and the Secretary of Agriculture prior to the 2-year deadline under the FTCA. Interesting questions arise as RICO has no statute of limitations and the Supreme court just ruled in favor of equitable tolling under the FTCA. See United States v. Wong decided on April 22, 2015. 

The White House has not responded in any way to this communication. Are President Obama and Presidents Clinton’s involvement in Piggford and Piggford II perhaps related to ignoring these charges from a white man and protecting the Government which Obama is now in charge of.

Some info on Obama, Clinton, & Vilsack

[1] See Justice Scalia and Thomas’s comments in National Law Review on December 4, 2014. See also Scalia and Thomas’s individual opinions in the recent decisions on Perez & Nickols v. Mortgage Bankers Association Decided March 9, 2015

Corrected error not 2nd amendment but Article 2 clause 5.

Do you know the one thing, The one thing you always know?
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Do you know the one thing, The one thing you always know?

I’ve been working lately assimilating factual information about presumptions, assumptions, and lies. There’s been no shortage of these inspirations for blogging provided by the Federal District Court experience; in my lawsuit against RICO USDA for racketeering. Continuing efforts to sue the USDA for racketeering in Federal District Court has provided far more inspiration from presumptions, assumptions, deceit, deception, and outright lies and obstruction than I would’ve ever imagined in a court of law. Reading through the Court’s latest Opinions inspired me to preempt my many blog additions under draft with this editorial.

Once many years ago my brother asks me a silly question. While I’m not clear on its relevance here it comes to mind. He said: Is it presumable to assume that assume assimilates presume or does presume to assimilate the assumption or is it all just presumptive?

Presumption

How naively I’ve walked through life, brainwashed by television, believing court was about facts, truth, honor, and justice. Then believing court offered an opportunity to address grievances with facts, present your evidence, expose the truth with honor, and have justice prevail with those who broke the law being held accountable. It never dawned on me that a Federal District Court would allow for the scales of justice to be shifted by the injustice of presumption without evidence, assumptions, deceit, deception, and misrepresentation along with outright lies rather than the presentation of factual evidence and the truth. After all, Judges sit on the bench and ask witnesses to swear to tell the truth the whole truth, and nothing but the truth. Right? Judges I believe and expect to have, hold and honor the highest in moral and ethical standards, Judges are expected to base their decisions on facts, not fiction, on truth and not lies, and on the presentation of evidence to support reasonable grounds for a presumption rather than purely on assumption.  On sound solid logic, not assumptive and fallacious interpretations.  Judges are expected to demonstrate the utmost diligence in finding of facts to conclude the truth and adherence to the law in enforcing justice. Judges are expected to remain neutral.

Assumption

Perhaps Courts might be far more bastions of truth and justice if we opened the door and exposed them to the public light, exposing judges’ actions to public scrutiny, requiring all court hearings to be recorded and taped. After all, are Judges not civil servants who should be held responsible, and accountable to the people, and the society they serve? Would not the presence of cameras and recorders simply incent them to greater accountability for truth, justice, and equal justice for all? Would it also not protect them from the human condition to succumb to their own egos, biases, and corruption?

Assimilate Truth

Like all of those individuals named in my lawsuit against the USDA for racketeering, the U.S. Attorney, the Virginia State Attorney, the Judge, his court, and the Virginia State University employees involved, are civil servants. All are accountable to the people, all subject to public scrutiny while they rely on public funding to provide them jobs in civil service. I find it a civic duty to expose them one and all, to hold them one and all publicly accountable and responsible for their every misrepresentation, every lie, and every deceitful and deceptive action they take in their public service. I have no tolerance for liars, no tolerance for injustice served on the people by servants who take sustenance from the public trust and use it against the public they are paid to serve. I will relinquish no restraint in publicly naming these individuals now or in the future or in exposing anything I find unethical or any transgression of service. I intend to combine the contents of my blog and the entire story with full disclosure of all relevant facts from every source I have in a future publication. Any individual holding a job through Local, State, or Federal employees should expect to have their name disclosed along with a factual representation of their deeds and my personal opinions and observations of how a preponderance of the factual evidence might be interpreted.

I’ve worked with executives of major financial institutions, and migrant workers who’ve spent their whole lives in the field, I’ve worked with Fishermen, Carpenters, Electricians, Accountants, Programmers, Doctors, Nurses, and migrant workers. I’ve personally known and worked with very wealthy people and very poor individuals and I’ve encountered good and bad people from all walks of life.

The best mentor, I ever had was a veteran serviceman who taught me to take pride in my work, to be the best I could be, to do the best job I could do, and to be honest no matter what others did and I would always be able to have respect and honor for myself. He also taught me a saying I truly believe to be an esoteric truth, all men should learn to heed. He said: “There’s one thing you always know and that is you never know”. People who grew up wealthy can’t know the challenges of truly being poor, poor people can’t know the challenges of being rich. No one can ever know what it’s like to stand in your shoes or ever have more than a glimpse of the history that makes you, who you are. So before making assumptions, before you get to presumptive before you pass judgment you should always ask yourself the question, what is it that I may not know, what is it I might need to know because everyone should remember they can’t ever really know unless they’re blind in which case they never see the light to know what they only thought they knew. I call them Egidiots, egos so large it gets in the way of their intellect making them do idiotic (stupid) things.

The Truth can be told. Lies once written never erased. Facts can allude to the truth or lead to assumptions not grounded in truth, only, by disclosure of all the facts does one learn the truth. We all know the old saying when you assume you make an ASS out of You and ME. But, neither facts nor the truth go away, simply, because they are ignored.

So before you make judgments about people or situations best to have as many facts as you can and ask yourself the question; what is it, I may not know, because you never know too much, you never know everything, and you should know you never know. Don’t be an ASS. Don’t be an Egidiot. You just might not know everything.

You know

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

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

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

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

Really nice public / Government employee rare find in Virginia.

Really Nice U.S. Marshall

Really Nice U.S. Marshall