Un American Express !

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.

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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.

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

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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!

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.

Supreme Court Sells out Constitutional Obligation to The American People !

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 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 respectful request “We the People” of the United States of American stand up and demand at the top of our lungs to rectify the despicable, shameful discharge of the Courts 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 courts 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 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 Courts willingness to protect criminal operations by the other branches of Government. It demonstrates the Courts unwillingness to preform its duties to the constitution and the American People.

I’m sure there are countless other cases in the library’s 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 marry 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 peoples 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 there home work!

Having presented form SF_95 to the President of the United States the courts 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 letter to the Mr. President all thats 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?
Judge Jackson L. Kiser sends U.S. Marshall with comments on my Blog.

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

Untitled 1

Untitled 2

Untitled 3

Untitled 4

Untitled 5

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

Update 3-3-2016 I invite you to read the blog post to which Judge Jackson L. Kiser has referred in his show cause order. I believe you will find that contrary to his statement of being wholly unsubstantiated in each article the allegations are backed up by supporting documentation and evidence. Secondly, if you carefully read the statement made in the court filing you will see that Judge Jackson L. Kisers 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 court room made. It’s a statement no different than one repeated countless ways through out 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 infront 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

USDA Plays Dumb

Christopher B. Julian

474 Orchard View Drive

Ararat, Virginia, 24053

 

May 24, 2014

 

 

 

 

Mr. Kartic Padmanabhan,

 

Mr. Padmanabhan,

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

 

 

Thanks,

 

Christopher B. & Renee G. Julian

Pro-Se.

A Question of Corruption?

AMERICA COME ON!

REALLY ?

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

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

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

of opinion page 15 see Memorandum Of Opinion here.

 

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

Venue

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

Rico Applies to Government entities.

RICO 1961(4)

RICO 1961(4) Enterprise.

RICO 1964(C)

1964 (C) Civial Remeidies

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

Private Attorney General

 

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

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

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

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

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

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

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

FTCA Challenge

 

But They never saw it.

Courts denial of seeing challenge

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

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

Attorney's Fees

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

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

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

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

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

Next post to cover the beginning of our FSA story !

Manifest Injustice

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

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

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

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

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

Pro-Se Complaint Form

The Federal Rules of Civil procedure

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

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

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

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

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

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

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

I call that Manifest Injustice.

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

FCRA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manifest Injustice!!!

No its actually TREASON by the highest courts in America! 

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

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

Manifest Injustice

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

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

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

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

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

Federal Court corruption

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

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

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

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

Processin of Loan Application

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

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

 

Living Hell

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

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

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

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

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

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

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

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

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

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

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

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

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

This is pretty much living HELL.

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My Mother and Daughter.

Today a special Warm Christmas Cheer!

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