USDA

Mr. President all thats necessary for the triumph of Government evil is for those in power to do nothing!
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Mr. President all thats necessary for the triumph of Government evil is for those in power to do nothing!

Blue Ridge Springs Orchard

blueridgesprings.com

 BRS_Image

April 14, 2015

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

Re: Racketeering by the USDA and Form SF-95

Dear Mr. President:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Form SF-95

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

The Original Suit filed in Federal District Court:

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

The original suit totaled $14,000,370.25.

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

$19,000,000.00

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

Christopher. B. Julian

The Julian Family

474 Orchard View Drive

Ararat, Virginia 24053

Christopher.b.julian@gmail.com

CC: Secretary of Agriculture

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

Washington, DC 20250

Assistant Secretary Agriculture Admin.

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

Washington, DC 20250

Dept of Agriculture White House Liaison

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

Washington, DC 20250

Chris P. Beyerhelm

Deputy Administrator for Farm Loans Programs

U, S. Department of Agriculture

Farm Service Agency Stop 0520

1400 Independence Avenue, SW

Washington, D. C. 20250-0520

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

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

Some info on Obama, Clinton, & Vilsack

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

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

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

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

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

Presumption

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

Assumption

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

Assimilate Truth

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

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

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

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

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

You know

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

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

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

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

Really nice public / Government employee rare find in Virginia.

Really Nice U.S. Marshall

Really Nice U.S. Marshall

Response to Reply for Sanctions

JULIAN

Plaintiff(s),

vs.

James Rigney, Et Al,

Defendant(s).

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 Case Number:             4:13CV00054

 

 

 

CHRISTOPHER B. AND RENEE G. JULIAN’S REPLY TO RESPONSE FOR SANCTIONS OF KATHERINE DECOSTER.                         

REPLY TO RESPONSE TO MOTIONS FOR SANCTIONS.

Comes now Plaintiff’s s Christopher B. and Renee G. Julian in opposition to Katherine DeCosters response to motions for sanctions. Rule 5(b)(2)(E) is very specific “If the person consented in writing” Plaintiffs never consented in writing to any electronic form of service. Plaintiffs simply did Ms DeCoster a favor letting her know of her errors. Plaintiffs had no reason to object to her email and a response was merely a common curtsey. It is plainly direct, obvious, and observable that plaintiffs were made aware of these motions only by the courts service of the Roseboro notice. Plaintiffs would not have had such a notice had they not been Pro-Se. Plaintiffs never had any opportunity to make any motion or any reply with regards to Ms DeCosters motion for an extension of time to respond as the Court granted the motion without Plaintiffs having any knowledge of its existence. There is no way now nor was there ever anyway for this error to be justly corrected. The Jonesboro notice was the one and only reason Plaintiffs responded to the Motion to dismiss and plea of immunity. This was for Plaintiffs a very serious issue. It put Plaintiffs case in a very precarious situation as the Defendants motion was for failure to state a claim and given the lenience gifted in the filing of the complaint Plaintiffs could not jeopardize the case with a motion for default judgment.

Facts

  1. Motion for extension of time to file a response. Dkt 14 & 15

The Court new Plaintiffs were Pro-Se. This is evidenced by the issuance of the roseboro notice. The Court Clerk had informed Plaintiffs on inquiry Judge Jackson L. Kiser never grants Pro-Se Plaintiffs access to electronic filing. The Court knew when the Defendant filed the motion for extension of time to respond that it had not been served for this reason. This is further evidenced by the time the Court allowed for Plaintiffs to file an opposition ref dkt 14 & 17 and dkt 21 & 23 as opposed to the length granted when the USAG made the same motion; and note the Holiday weekend in the filing of dkt 21. The Court approved this motion knowing it was not effective. Dkt 17 Since Plaintiffs had no knowledge this motion had been filed until after receiving the roseboro notice from the court dkt 18 Plaintiffs never had any opportunity at all to oppose this motion.

  1. Motion to Dismiss for failure to state a claim and plea for Sovereign and qualified immunity.

This Motion placed Plaintiff’s in a very precarious position jeopardizing elements of our case. Plaintiffs had to respond to countless issues Sovereign Immunity, Qualified Immunity, failure to state a claim, etc raised in defense of Ms Johnson that were by rule subject to summary judgment as they were issues raised outside of the complaint, hence the rosesboro notice. Furthermore, Plaintiffs were subjected to numerous allegations in the motion of faults in the filing directly attributable to the courts instructions not to make legal arguments or citations. Had plaintiffs motioned for default judgment, a viable motion in response to failure to effect service, however, the court could have, and, we now know, would have dismissed Ms Johnson on failure to state a claim. Was that the courts prime objective? Defeating the primary reason Ms Johnson was named in this suit, Ms Johnson’s participation in aiding and abetting RICO USDA in the Commission of the enterprises objectives, an argument that had been completely pulled from the original complaint to comply with the Courts instructions not to cite statues, cases or make legal arguments. A compliance with the courts instructions, which caused Plaintiffs serious undue and unnecessary complications, and has significantly, delayed the entire process while causing significant physical and mental stress to plaintiffs as well as stealing precious time from our lives.

The Courts actions with regard to these two motions together with the Courts action approving the USAG’s motion for extension without granting Plaintiffs a single day of the Clerks Office being open to file an opposition, when the court clerk had been informed plaintiffs were attempting to file a responsive motion Exhibit AT. Plaintiffs viewed these actions as biased and prejudicial treatment by this court which resulted in Plaintiffs contacting the 4CCA on 11/14/ 2013 Exhibit AU attempting to file a grievance for prejudicial treatment by this court. Additionally, two articles on the experience were published on the internet “Legal Conundrum by Federal Rules of Civil Procedure 5(b)2(e) on January 1, 2014 and “Op Ed for the Federal District Courts” on January 15th 2014 after being denied publication by the Wall Street Journal. One additional article “ The Weak” discussing the experience was published on January 7, 2014. It is further worth noting that after all the motions had been filed the Court did not act to make a ruling and the moving party never motioned for a hearing or advised the court as prescribed by local rule 11(b). Did the Court and the Defendants council wait intentionally? There is absolutely no way to prove these acts were not coordinated between the court and the Defense Councils. And there is evidence in the docket of ex parte communication. Everyone is welcome to read any of our articles at Blueridgesprings on wordpress.com There will be many more to come.

Up-Date 4-26-2017 these are all facts that demonstrate bias on the part of this court.

                                                            CONCLUSION

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

            Respectfully Submitted,

                                                                                    Christopher B. and Renee G. Julian Pro-Se

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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?
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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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Manifest Injustice

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

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

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

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

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

Pro-Se Complaint Form

The Federal Rules of Civil procedure

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

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

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

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

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

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

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

I call that Manifest Injustice.

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

FCRA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manifest Injustice!!!

No its actually TREASON by the highest courts in America! 

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

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

Manifest Injustice

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

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

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

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

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

Federal Court corruption

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

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

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

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

Processin of Loan Application

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

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

 

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Living Hell

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

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

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

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

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

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

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

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

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

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

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

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

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

This is pretty much a living HELL.

Image

My Mother and Daughter.

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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.