legal

Threatening
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Threatening

January of 2014 it seemed clear, the Federal District Court of Danville VA was not a neutral participant as one would expect a Federal Court to be in a civil suit between a civilian and Government employees. Countless circumstantial transgressions of expected decorum had occurred adding up to a lack of fair procedure and the impression due process nor the Federal Rules of civil procedure were being observed. You can see by the blog post in January “Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)” , “The Weak“, and  “Op Ed for the Federal Courts“, not only suspicious of the court’s actions but, actually researching how to file a complaint. A note on the Op Ed. The Wall Street Journal declined to print it. I went back to look at the court’s instructions not long ago and they appear to have been greatly improved since the Op Ed blog post. Hmm?

If you read the blog post beginning with “Corrupt Federal District Court” to “Dumb and Dumber Judges don’t know english” or is that American, you’ll see the belief firmly held the Federal Court was corrupt, biased, arbitrary, capricious and “NOT” in accordance with the law. Additionally, you’ll find examples, precedent, and evidence supporting this fact. Don’t be fooled either these post don’t come close to telling the whole story.

Federal Judges it seems, with life appointments, absolute immunity, and a complaint process no one can figure out, where review falls to peers, are pretty much free to be just as corrupt and fallacious as they wish. This is why, I believe the courts eliminated public rights to, outside the judicial system, convene a grand jury. Judges, lawyers, prosecutors, all in the same fraternity,  I’m not sure if it’s true but, I’ve read the origin of the word lawyer came from professional liar.

If you read through the post “The Weak” you will see, at the time my family was struggling to stay warm, fed, and dry. I had just started a new job, first job working for someone other than myself, in just over ten years.

My dogs are family to me. I find most dogs more loyal, friendly, honest, and comforting than most people. With our struggles financially we had long dropped regular visits to the vet. One furry child Panda had begun having frequent epileptic attacks. While this concerned us, and we thought he should see the vet, vet bills seemed a luxury we could not afford. Pandas grandfather had epileptic attacks which eventually subsided with age and had all but gone away. Yes, Panda was a third generation Boston Terrier member of our family.

January 20th 2014 was a cold night spent huddled in front of a roaring fire with knee deep snow on the ground when Panda began having an attack. This one though was different, it did not stop. Usually, they would at least have a brief pause or two before they ended. This was different, no pause at all, everything possible was done to comfort and care for my little buddy Panda, I tried hard to let him know how much I loved him and the pain I was feeling for him. There was no way down the mountain in the dark with knee deep snow, could not have gone anywhere had I been able to get out. Nothing was available to sooth his pain. For over an hour his fit held him non stop, as I held him  loving him and attempting to comfort him and keep him from hurting himself his last breath was taken quivering in my arms gasping for air. I placed Panda on his bed from his puppy days, wrapped him in my favorite dog blanket, placed him in a plastic box, and carried him out into the night cold. There would be no burial until the ground thawed.

Absolutely, furious with the criminal, corrupt, heinous malicious way the Government had treated us. From the moment they fraudulently denied the loan application till more than a year later, after more fraud, constant lying by Government personnel, numerous intentional efforts to deny due process, ignoring the law and their own rules, even committing perjury See the blog post Lies, Lying, Liar all in a days work at the USDA. Then a court in which the judge acted and ruled like their defense attorney. I wasn’t sure then, but; I knew something didn’t smell kosher. I had all I could take at the minute, I believe the degree with which I held my composure was actually impressive. After much contemplation I fired off an email addressed to the three  individuals who had been negligent, fraudulent, and criminal in the denial of the Farm Loan. It said:

“Tonight,

I lost a family member and will for all eternity hold you all personally accountable!!!!! ” 

I meant it then, I mean it now.

Within a week I was getting calls from HomeLand Security. I had all the Government relations I ever cared to encounter, still mad and suspect of the judge,I was afraid I might lose my composure so I simply ignored the calls. Then came the threatening one, Mr. Julian the email you sent to FSA could be considered a criminal threat, I want to talk with you. Don’t make me “hunt” you down. We had to put all FSA offices in lockdown.  I responded to that call by blocking the phone number permanently. Although, that was not the last time I would hear from Homeland Security. I had absolutely no trust left in Government, or the Judiciary. It had all come to look like a big mafia extortion operation where a civilian’s constitutional rights where just a big hoax and when it comes to the Government the law simply doesn’t apply. It’s quite frightening to find a Federal Judge criminally protecting individuals for crimes.

Having never set foot in a courtroom as anything other than an observer, I was nervous and intimidated by the Court. Judge Jackson l. Kiser made sure I was. I might say something here I’ cannot prove because, I contend the court’s transcripts are not accurate. Specifically, I believe many things Judge Kiser said were intentionally left out or altered in the transcripts. When I went through the transcripts looking for a few specific items which had really caught my attention during the hearing they were not there. I called and asked about what I could do, if I believed they were not accurate and was told, I would have to take that up with none other than Judge Jackson L. Kiser. Well, I knew then this judge was interested in protecting the government and making the claim his words had been altered was not going to improve my standing, I dropped the issue then and there although, I pointed my believes out later.

When Judge Kiser released his first opinion it was obvious the extent he would go to protect criminals in government. The entire opinion was from my perspective written as if by the defendant’s attorney. The thing is entirely written for deceit, deception, intentional misrepresentation and dotted with outright lies and numerous pointed attempts to be intimidating and condescending even when the statements are lame and not in accordance with the law. See the blog post : “A Question of Corruption?” It concerns me greatly to contemplate, how may judicial clerks Judge Kiser taught his criminal methods and behavior to.

Judge Kiser got ticked off when he ASS U ME D  I  called him a criminal corrupt liar. see blog post Response to Reply for Sanctions. He assumed it then, now I stand by that as a fact, as long as I get to present my evidence to a jury. The way I understand it the greatest defense for libel is that it’s true. But, I won’t settle for letting a judge decide that, the 4th circuit has already shown just what a buddy system the judiciary is.  He accused me then of making a veiled criminal threat when I said “May each of you find your place in Hell much sooner than you thought!”  see the blog post: Today a special Warm Christmas Cheer!

After Judge Kiser’s assumption, he sent a U.S. Marshall with a summons to appear in court. Interesting thing, spend taxpayer dollars for the sole purpose of intimidation. See, thing is the summons he sent was for a date, and time, for which a court appearance was already scheduled and confirmed. This can be proven by the court docket, unless Judge Kiser has  altered that too. Furthermore, If you look at the photo I took of the Marshall delivering that summons you can see I’m holding another court document that shows I was due in court on the same day as the summons in from the Marshall. I also recorded our conversation on the matter. See the blog post “Judge Jackson L. Kiser sends U.S. Marshall with comments on my Blog.” 

Well, I have to say heading to court for that final appearance was actually quite frightening, I believed then as I do now, Judge Jackson L. Kiser is a criminal and a corrupt judge. Not much fun to face a Judge you know is venomously mad, and has the power to put you in prison. He used his power – cowardice  to repeatedly threaten me with contempt every time I pointed out his transgression of the law and justice. I told the court to make sure that transcript was completely accurate, they responded by not delivering it in time for me to use any of it in my Appeal. Intentional delay? I had requested express delivery but did not receive the transcript timely, were they just being careful ? Love to know the behind the scenes reality of that fact.

The point to this post  and the last is setting the stage for the next and then the next, when is a threat actually a criminal offense? These facts, homeland security stating I made a criminal threat, judge Kiser’s statement my christmas cheer could be taken as a veiled criminal threat, sending a U.S. Marshall as intimidation, repeated warnings for contempt, and especially the numerous calls from Homeland Security had me lookup what I could find on what makes a threat criminal?

Hope you’ll read the next post, anatomy of a criminal threat. I promise I’m building up to make an interesting point.

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@blueridgespring

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A Question of Corruption?
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A Question of Corruption?

AMERICA COME ON!

REALLY?

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

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

Can you believe the Federal District Court Dismissed 90% of the charges in our case based on a lack of Jurisdiction? Which they grant for failing to request permission from the USDA to file suit against them. From the court’s 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. The 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 its 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 statute is viewed by the courts to unambiguously encompass governmental units and the provisions demonstrate a clear congressional intent 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 their 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, or cite statutes, or cases in the original complaint. See our blog post on Manifest Injustice.

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

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

Next post to cover the beginning of our FSA story!

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Lies, Lying, Liar, All in a days work at the USDA.

Come on America. There is absolutely no legitimate justification for a civil servant to lie under oath giving false testimony against the very people they are to serve!!!

Below the allegation of perjury made against Ronald A. Kraszewski Farm Loan Manager FSA / USDA Chatham VA.  In the original and only complaint allowed by the Federal District Court of Danville, VA.

P18 from Original and only Pleading

Here is the Audio Portion taken from the Hearing Audio file you may listen if you like to. Ronald K’s Perjury.wav

Exhibit’s G, Z, and A can be viewed here in the Complaint Exhibits Folder.

Or in the excerpt below

Form Exhibts G an Z.

Living Expenses or Labor

The complaint and the exhibits, all but the Audio recording were on Pacer for U S District Court Western District Case 4:13-CV-00054. Listen to Ron in the March 9th Pre Hearing relate labor to Living expenses.  Ron’s Ineptitude.

The Suit was filled on pacer with a civil cover sheet  against the USDA for Racketeering September 2012.  Follow along Please. The definition of  predicate act offenses for a charge under this RICO Statue includes predicate act 1503 (relating to Obstruction of Justice) at the bottom of the next exhibit. ‘Google of ‘Racketeering RICO’  and refer to  the Cornell law publication this came from. You can read the Complaint See the Pleading with Cover Sheet and Exhibits Here.

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Would you agree the following excerpt makes sense.  “Whoever corruptly endeavors to influence, any officer in, or of any court of the United States, Or officer who may be serving at any examination”

  • Mr. Kraszewski testified under penalty of perjury to a hearing officer of the National Appeals Division of USDA an Agency of the U.S. Government.
  • He had conversations with Mr. Julian where, Mr. Julian requested to be paid living expenses.
  • He was asked multiple times by the hearing officer to confirm this and repeatedly made false statements regarding a material fact at issue in the hearing.
  • Listen for your self.  It’s a very disturbing life event to have a Civil Servant lying under oath in an attempt to cover for his incompetence knowing that if he is believed it will destroy everything you worked your whole life for.
  • Note that the original declination letter proved that FSA had made the assumption entirely on their own accord AND contrary to the documentation they had been given.
  • Living Expenses or Labor

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Mr. Kraszewski’s lie was an effort to protect a reason FSA gave for denying the loan . Like the allegation made that we requested to pay off real estate debt made without ever pulling a credit report. Debt that did not even exists!  And pulled from discussion by the hearing officer.

When I asked USDA to address this issue they told me to get an attorney! Now the Federal District Court is granting this crew sovereign immunity, and stating they did not do anything outside what might be a legitimate course of action for their job.

Come on America. There is absolutely no legitimate justification for a civil servant to lie under oath giving false testimony against the very people they are to serve on a material fact that would cause serious harm if effective. What kind of justice system lets such an act simply be described as a legitimate job function. Excerpt below was taken from the Judges memorandum of opinion you can find a link at the bottom of the page if you would like to explore the whole ruling.

Judges Assement of Lying under oath.

The hearing officer who was factually biased by the Agencies own handbook rules in this case. Covered for Mr. Rigney stating their was a disagreement about what was said. But the Facts and evidence available prove Mr. Kraszewski lied under penalty of perjury. 

Jerry King

From the Hearing Officers Ruling: see Exhibit AE in the Complaints link if you like to see the whole document.

I believe this qualifies as obstruction under the definition provided in 18 U.S. 1503 Influencing or injuring an Officer or Juror Generally! What do you Think America?

The Federal District Court Judge of Danville Judge Jackson L. Kiser said the following in his Memorandum Opinion verify on pacer if you like.

SEC 1503 Influencing an Officer

Update 4-24-2017 The Court fails to recognize the jury is to decide a case and the law is on trial just as much as the case to be decided. judge. The Jury should decide if its just part of the Agencies racket to obstruct justice.

See the Memorandum Opinion Here if you like.

This is all one big cover up of a corrupt Government Agency America. Think carefully what it means when Government employees are free to make false testimony under oath to your detriment without any ramifications. And Judges are granted the same immunity when they ignore the law!

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Update 7-26-2016

Look again think twice.

Under Title 5 Chapter 7 judicial review limits the courts review of agency action to a review of the agency record.

All events then, occurring in the compilation of the agency record, are directly attributable in a natural and continuous sequence unbroken, by an efficient intervening cause to be testimony before a Federal judge.

Chief Justice Harlan F. Stone said the juror ”is voting on the justice of the law according to his own conscience and convictions and not someone else’s. The law itself is on trial quite as much as the case which is to be decided”

18 U.S.C. 1503 ”or” 1505 is there really any deference is it really 1505 “and” 1503? The jury must decide!

Remember the court instructed us not to cite Statues, Make Legal Arguments, or Cite cases when filing the complaint and denied any amendment.

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

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

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

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

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

Federal Court corruption

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

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

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

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

Processin of Loan Application

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

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

 

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Living Hell

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

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

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

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

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

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

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

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

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

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

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

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

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

This is pretty much a living HELL.

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My Mother and Daughter.

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Judicial Anticipation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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CBS 60 Min Please tell our story

Dear CBS 60 minutes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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