Wednesday, July 11, 2012

VALUE OF DOLLAR and HUMAN BONDAGE


Credit                                                                                    EXHIBIT A
I. Background and framework.
The government founded by the original Constitution, 1787, is no longer operational. Instead, what is called the “Government of the United States” is a bankrupt, private corporation, owned, underwritten, and functioning in commerce as a front for the international bankers and the Powers-That-Be with which said bankers are allied. The entire institution, i.e., “US Inc.,” is private (not free) enterprise administering the ongoing business and political ends of the actual owners. In this current scenario, every action of US Inc. is a commercial transaction by and between fictitious entities all transpiring for the purpose of furthering the economic and political objectives of the alleged creditors.

This situation arose from the borrowing by USA from European central banks and owing the unpaid indebtedness to the Crown from the original joint-venture agreement between the Colonies (which are corporations of the Crown) and the Crown per se. It appears as though USA has been bankrupt from inception, i.e., from 1788, and the Constitution was drafted to “re-constitute” the unpaid debt and structure an organization for functioning in bankruptcy.

The Civil War was staged and financed by the bankers and the Crown to conquer the nation by engaging in the timeless strategy of “divide and conquer.” Pitting North against South resulted in the dissolution of the de jure Federal government of the organic Constitution. The States were drawn into the Central Government, as were—progressively—the people directly, with the whole conglomerate operating through the new Federal Government in the Emergency War Powers of 12 Stat. 319, 1861, under the “law of necessity.”

Thus, the “Government” functions under mere “color (appearance only) of government” with the President as acting dictator on behalf of the bankers under the President’s capacity as Commander in Chief of the Military. I.e., when the seven (7) Southern States walked out of Congress on March 27, 1861, Congress—and, indeed, the entire de jure Government of USA under the original Constitution—dissolved based on absence of a Congressional quorum to adjourn and re-convene. The result is that the actual winner of the Civil War was neither the North nor the South, but the bankers who owned the new Federal Government that defeated both North and South and absorbed and subserved the States into itself.

In accordance, inter alia, with the Limited Liability Act of 1851, the Emergency War Powers, 12 Stat. 319, the Civil Rights Act of 1866, and the constitutional provision allowing Congress authority to pass any law Congress wishes within the ten-mile square territory of Washington, DC, Article I, Section 8, Clause 17, the 14th Amendment was proclaimed ratified in 1868. Within that framework, on February 21st, 1871, Congress passed the District of Columbia Organic Act, Forty-first Congress, Session III, Chapter 62, page 419, 16 Stat. 419, “An Act to provide a Government for the District of Columbia,” which act was revised in 1874 and reorganized June 8, 1878, 20 Stat. 102, Chap 180, 45th Congress, 2nd Session, “An Act providing a permanent form of government for the District of Columbia.” This “government” is a private corporation now known and copyrighted by such names as “The United States Government,” “United States,” “U.S.,” “U.S.A.,” etc., all referenced herein as “US Inc.”

It is important to understand that US Inc. is not a country, but a corporation—and indeed a bankrupt corporation operating under color of government as the front and device for administering the conquest in law and commerce of the United States of America. The 14th Amendment and US Inc. are all private international law in the admiralty-maritime/Law Merchant of Roman Civil Law.

The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” This amendment allows US Inc. to have complete jurisdiction over “citizens,” i.e., corporate subsets of US Inc., which the de jure federal government did not and could not possess. The 14th Amendment also states (section 4): “The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion [per 12 Stat. 319], shall not be questioned.”

The 14th Amendment established the framework for complete conquest and absorption of the country, rendering the people permanent debtors, indentured servants in involuntary servitude, peonage, and also enemies of the government as a result, in accordance with 12 State 319, any aspect of US Inc. may summarily confiscate property in rem without necessity for judicial process whenever any citizen asserts a challenge to the laws of the United States, i.e., US Inc.

Remnants of the de jure Government remained after the 14th Amendment, however, based on such things as the continuing circulation of gold and silver coin (the money of sovereigns) and the fact that Senators were still elected to the Senate by Electors of the States rather than by direct, popular vote. Senators became elected by direct vote of the people with the passage of the 17th Amendment. The Civil War had forced each sovereign State to pledge its assets as collateral and become surety and a cosigner for the defaulted Federal Government’s debt to the bankers. This procedure was repeated in the 1933 bankruptcy, at which time gold and silver coin (substance) were outlawed as money for citizens of the United States (fictions). Inability to use gold and silver as money solidified the bankruptcy of US Inc. and foreclosed every such citizen from accessing real money for use in payment of debts, thereby denying access to sovereignty. US Inc. is completely devoid of rights, substance, standing in law, and sovereign character, as is every citizen of the United States.

II. The creation and nature of the strawman.
Because additional pledging of assets was required to enable the now-bankrupt corporation to continue to operate when civilly dead, the governors of all the States met to discuss the “emergency” declared by Franklin D. Roosevelt, i.e., the bankruptcy, and how to reorganize US Inc. to continue functioning when bankrupt by means of insurance underwriting by the creditors.

The governors of the States made a “pledge” to US Inc. to underwrite the bankruptcy through a grand scheme of limited-liability insurance. The people, through their “Certificates of Live Birth,” a/k/a “newborn identification,” were registered in the office of the county recorder by “registered agents” of the government such as the “registered doctor” and “registered nurse,” and were thereby established as property of the State. Remember “register” derives from “regis,” meaning “king,” whereby everything “registered” is there to record and keep track of the king’s property.

The newborn identification is identified with, and attaches to, the flesh-and-blood being by taking a drop of blood and the print (usually footprint) of the baby and applying them to the newborn identification. Once that certificate is registered, it is recorded as a “certificate of title,” as it were, to the real being. Since the point is to be able to enslave the child and render him a surety for the debt of the bankrupt US Inc., it makes no difference who or what the baby is. Everyone becomes classified as “fungible[1] goods,” like interchangeable bales of cotton.

The parents did not understand what was happening, so the process was thereby fraud based on deceit and non-disclosure. Obviously, with full disclosure of the terms and conditions involved in the alleged contract, no one would agree to go along with it. The agents of the government perpetrate a fraudulent transfer by registering the name, blood, and footprint of beings that is birthed by the living woman and not the corporate state (which can generate only more legal fictions, not real beings). This process amounts to theft of the real being by filing a piece of paper. The State did not create the name from which the all-caps strawman was derived, only colored the name into a form they could use. The name in upper- and lower-case letters pertains to the real being, while the all-caps strawman is a legal fiction used as credit against which to borrow at the expense of the life-force of the living being to which the name and registered newborn identification allegedly relates.

When the Governors of the States, at the Conference of Governors of March 6, 1933, pledged as State-registered assets the newborn identifications of those born in the State to the federal bankruptcy, the people’s energy was established as the collateral for backing the whole operation—the entire national debt. Since the States, being fictitious, commercial entities with no capacity to recognize real beings, could not pledge private, living people or their property, a “bridge” was needed between the living people and the bankruptcy of the federal US Inc. To accomplish this result the strawman was created by the Department of Commerce in Washington, DC, to function as a shill to operate out front publicly in place of the people. The scheme had to be so clever that the people would agree to operate as surety for the debts, charges, and obligations of the strawman without knowing what was happening to them, who did it, what they were agreeing to, or how the whole process worked.

The birth certificate with the all-caps name created by the U.S. Department of Commerce is a certificate of equity interest, akin to a “pink slip”[2] pertaining to a vehicle, and possibly a bill of lading, a document of bailment, which ships the cargo (new and original birth certificate) into the special maritime jurisdiction of the creditors to operate as collateral to back the bankruptcy reorganization of US Inc. via the Governor’s pledge. The all-caps strawman is thereby “birthed”—like a vessel—into the private, international-law special maritime jurisdiction of the bankers, et al, as a “citizen of the United States born [birthed] or naturalized in the United States and subject to the jurisdiction thereof.”

By this scheme the living people assumed the roll of guarantor, accommodation party, and surety for the legal fiction that functions for the benefit and enrichment of the creditors. In this scenario it is the strawman, not the living being, that operates throughout the entirety of today’s law and commerce. One need only look at the Social Security Card, School Records, Passports, Driver’s Licenses, credit cards, utility bills, etc., all of which are always in all-capital letters—just as are gravestones of dead people all over the world and the parties to a dispute on the caption of a court brief—to see the ubiquitous use of the strawman in today’s commercial and legal world.

A “surety” is defined as “the one who is responsible to pay.” The real man is the surety and liable by contract to pay for the debts and obligations of the strawman, even though the real man is not, nor does he own, nor does he receive title to, anything purchased or accomplished by use of the strawman. The strawman is owned by US Inc. and the banks that purchased bonds issued by the Treasury against the strawman (as credit).

As stated, US Inc. is bankrupt, and has been since 1933. US Inc. has no gold or silver to pay any debts and is civilly dead. Having neither possession, nor right of possession, nor legal capacity to use gold and silver, i.e., “lawful money,” the only asset left to finance the continued operation of the bankrupt US Inc., i.e., the “government,” was the people, who were hypothecated as the credit/collateral to finance the bankruptcy US Inc. uses the substance and labor of the people to finance its entire operation. reorganization and insurance underwriting.

The scenario is extremely sophisticated, resulting in the operation of a vast and pervasive administration of legalized peonage, slavery, permanent indentured servitude, and collectivism (communism) wherein the people have forfeited all standing in law and are “dead to rights.” The Powers-That-Be borrow against your life, rights, and labor to finance their administration of the system they use to exploit, plunder, and dominate you, all under the pretext/presumption that they are acting as your agents to fulfill your own requests. In this scheme one is punished when one fails to pay or obey.

The sequence of steps involved in creating the existing system, in accordance with the best research to date (resulting from the efforts of many devoted people), is as follows in the United States:

1. A living, flesh-and-blood baby is born from its mother’s womb.

2. The legal/commercial system, existing and functioning entirely in the abstract realm of words, contracts, legal persons, corporate entities, laws, symbols, ideas, commerce, private international law, etc., (which constitutes the “matrix”) cannot see, recognize, or deal directly with the real world, including real people. The system itself is imaginary, while the real world is genuine and substantive. Consequently, the system deals only with documents and matters in the abstract realm that form, by presumption, ratified implied contract attached to the real world by “operation of law” and the tacit consent of the people.

3. Just after birth, the involved doctors and hospitals have the mother sign a “birth certificate,” i.e., a “certificate of live birth,” without telling the mother (and undoubtedly without themselves knowing the truth) that by so doing she and the doctor are criminally informing on her newborn baby as an enemy of the state in accordance with the War Powers and turning the baby over to the bankers as chattel property and slave, pledging the baby’s life-energy and labor in perpetuity as the collateral for borrowing into existence all “currency” (debt-paper) that passes as “money” today.[3]

4. The original birth certificate, a “Certificate of Live Birth,” constitutes, as it were, a “certificate of title” to the real being, and is in essence the equivalent of a “manufacturer’s statement (or certificate) of origin,” i.e., “MSO” or “MCO,” which is created upon manufacturing an automobile and constitutes title to the vehicle.

5. Just as in the case of a car, anything being “registered” in the legal system is established on the record as property of the king. The key here is "registered," a word deriving from “regis,” meaning “king,” whereby everything “registered” is recorded as the king’s property.

6. The sequence of steps concerning the birth certificate appears to be as follows:
a. After registration of the Certificate of Live Birth in the office of the county recorder, the county recorder makes a certified, true copy or microfilm, retains it, and sends the original to the Department of Commerce in the State.
b. As in the case of the county recorder, the State Department of Commerce makes a certified, true copy or microfilm, retains it, and sends the original to the Department of Commerce of the Federal Government in Washington, DC.
c. The Department of Commerce in Washington then makes a certified, true copy and, in addition, creates a new document, constituting a “certificate of equity interest,” which is labeled “Birth Certificate.” This birth certificate, however, has the child’s name in all-capital letters, unlike the original birth certificate filed in the county recorder on which the name was in upper- and lower-case letters.
d. The Department of Commerce in Washington, DC then forwards the originals of both documents to the record repository in such locations as The Hague, for holding on behalf of the international banks, e.g., the “World Bank,” the “Bank of International Settlement,” IMF, et al. There the documents remain on deposit as the collateral/asset for hypothecating into existence the credit that finances the underwriting of the world’s bankrupt governments.

7. By this means, the people become the "utility" for the "transmission" of energy from reality into the fictitious, colorable realm of international commerce.


The private, international law that governs the legal/commercial system today is the Uniform Commercial Code, which is established as the law of the land in the United States in Public Laws 88-243 and 88-244. The UCC is private, not public, law, and is copyrighted by Unidroit, an Italian corporation out of the Vatican.
Now the people, via their all-caps names, are classified as “human resources,” and "goods" under the Uniform Commercial Code—see Section 2-105(1) and 9-105(1) in which animals, i.e. humans and their unborn offspring, become "goods" saleable in commerce.

The Department of Treasury issues bonds on the birth certificates, which are sold through securities exchanges and purchased—by extending credit on the bank’s books—by the Federal Reserve Bank, which uses the bonds as “reserves” for creating credit in the fractional reserve system. The people’s labor becomes the collateral for issuing Federal Reserve Notes or some other form of "debt obligation" (see 18 USC §411). The bonds are held in trust for the purchaser, now the “secured party” and holder in due course, at the Resolution Trust Company at 55 Water Street, in New York City, about two blocks down the street from the Federal Reserve. It is a high-rise office building with a sign that reads, "The Tower of Power."

After the New Deal the all-caps name, hereinafter “strawman,” is what the system deals with, since it cannot interface directly with real beings. The real being, however, is presumed to have ratified the deal, agreed to the pledge, by the three (3) means for signifying ratification of implied contracts[4].

Thereafter, the system functions on the basis of possessing complete authority to do anything it wishes with the strawman, which is the system’s own creation and property and does not belong to the living being to whom the strawman purportedly pertains.

This scheme of legal/commercial peonage and slavery is outside the Constitution, which does not apply in any matters concerning the resulting process. The system functions in the realm of private contract, private international law, in international commerce, i.e., the private international law of the private, colorable Law Merchant, not within the direct purview of the Constitution, which merely sanctifies the operational right to contract.

Thereafter, every time the real being signs his name on any legal/commercial document, he is creating more debt-currency into existence, signing as the “surety,” or “accommodation party” per the Uniform commercial Code §3-415. He is also placing title to whatever property is involved in the hands of the bond-holder.
In this scenario, the "name," i.e., strawman, is credit and is a constructive trust (trust created by operation of law, i.e., fiat) holding all the real assets, i.e., “sweat-equity,” created by the labor of the real being. The right to the use has been separated from the title. The "strawman" holds the title and belongs to the bond-holder, not the real being. The flesh-and-blood man or women has only naked possession with a limited "right" to use the thing, such as one’s body, possessions, or land. Such illusion of ownership and right is essential to maintain the sting on an ongoing basis, keep the people from completely rebelling if their status as slaves was self-evident, and fostering more enthusiasm to work and produce by thinking that they are doing so for their own benefit rather than for the enrichment and power of their owners/masters/rulers.

When the strawman violates some rule or statute, such as is presumed whenever the strawman receives a traffic ticket, the flesh-and-blood being must appear at an arraignment and admit that he is the surety and accommodation party for the strawman, and thereby agree to provide the "energy" necessary for providing whatever fine or penalty is deemed due and payable. The real being has re-confirmed the contract of implied unification of the real being with the strawman by saying “here” when the strawman’s name is called in the idem sonans, i.e., “same-sound,” tribunal.[5] This is why it essential for the operation of the system that people "voluntarily give" their names to the court. The “Defendant” in the action is the strawman, not the real being. The real being confirms that he is, or may legally be treated the same as, the Defendant. Through this process one has entered through a door over which is inscribed: “Abandon hope all ye who enter here.”
It is now clear that the strawman is:

1. A “nom de guerre,” meaning “a name of war,” whereby the strawman is regarded as being in a state of “insurrection or rebellion” per Section 4 of the 14th Amendment, 12 Stat. 319, and the Trading With The Enemy Act;
2. A “stramineus homo,” or “strawman,” the legal and commercial consequences/aspects of which are that it is a permanent debtor in legal incapacity, a dead estate;
3. An artificial entity owned by the secured party who bought into the bond placed on the market by the U.S. Treasury.

It is important to remember that the strawman is not the property of the real being. The living man or woman is merely the surety (sucker) providing the labor, life-energy, and sweat-equity for the fiction owned by US Inc. and the bond-holder. The strawman is the front that enables the secured party to act in legal/commercial dealings without revealing his identity, and to deceive the real being, who signs in all matters as a surety and accommodation party, into thinking that the real being is doing something for himself rather than his owners/masters. Everything the real being signs on behalf of the strawman places title to whatever property is involved into the hands of the United States and the bond owner, i.e., the secured party over the strawman.
Do we have a claim on our all-caps strawman? The short answer is, “yes,” but only after we assert that claim properly. Otherwise, the presumption remains that US Inc. and the owners of the bondholders own the strawman.

The foundation of our claim is that they did not originate the strawman, but merely altered the original name by changing the upper- and lower-case name into a “same sounding” name spelled in all capital letters without full disclosure. That all-caps name is used to finance the system of power and self-enrichment of US Inc. and its owners at the expense of the enslavement of the people. They do not possess any authority to use the name based on the unlawful object of intent to perpetrate the scheme to reduce the people to slavery and peonage by engaging in fraudulent concealment and a mountain of other crimes. In addition, it is the living being to whom the name refers that provides the labor, substance, and life-force that gives value to the strawman, and thereby authorizes the real being to claim superior title to it. Those who expropriate the output of others for their own unjust enrichment, subjugate the populace, and bring about the ruin of those from whom they steal the rights, life force, labor, and wealth, have no legitimate grounds to assert a claim of superior title, either in law, equity, or commerce.

There is a sequence of steps that must be done to become free of the bondage-system that now enslaves mankind and regain lost freedom and independence. The system has not, to say the least, been forthcoming in educating the people concerning the true legal and commercial situation to which virtually everyone in the world is now subject.[6] A mother having given birth to her baby is not informed that by allowing her child’s birth certificate to be registered she is, for instance:

1. Informing on the baby criminally and declaring her newborn infant to be an enemy of the state with no rights;

2. Consigning the child to permanent slavery, peonage, and indentured servitude;

3. Declaring her baby to be fungible goods and the chattel property of the bankers and world powers.

If full disclosure, good faith, and genuine meeting of the minds prevailed, as is required for any purported contract to be an actual, bona fide contract enforceable at law, and the people knew the truth, the banks and governments of the world would be out of business. It has been a long, dangerous, often ruinous road—involving the blood, sweat, tears, property, and even the lives of many people—to uncover the nature of the clever scheme. Such people, most of whom not only love freedom and truth but principle for its own sake, have not been willing to remain in ignorance and bondage, and have diverted their lives to the task of understanding the nature of the system and discerning ways to become free of it.
Once you have control of the name you can use it for your benefit instead of the system using the name to use you for its benefit without your knowing what is happening.

[1] Black’s Law Dictionary, 6th Edition, defines “fungibles” as: “Goods which are identical with others of the same nature, such as grain and oil.” See also UCC 1-201(17).

[2] A “pink slip” pertaining to a motor vehicle is not title, but merely evidence of title. It indicates that title exists somewhere. Actual title to the vehicle consists of the original Manufacturer’s Statement (or Certificate) of Origin, the “MSO,” which, upon purchase of a new car, is sent to the State Department of Motor Vehicles. Whoever owns the MSO owns the vehicle, whereby one who buys a new car without taking possession of the MSO gifts his new purchase to the State, which may thereafter require that anyone using its property comply with all of the requirements of use, such as possessing a valid driver license, carrying insurance, complying with all the provisions of the Motor Vehicle Code, etc. Upon receipt of the MSO, however, the Department of Motor Vehicles micro-films, files, and then destroys the MSO. Inasmuch as only the original of a document counts in commerce, once the original MSO is destroyed, no proof of actual ownership exists. The microfilm is hearsay. This provides a forum for executing a new MSO and establishing ownership of the car in another jurisdiction where one’s ownership of the substance, i.e., the actual car, is acknowledged.
[3] On its face, this is a most startling statement, which requires clarification. The original Emergency War Powers of 1861, 12 Stat. 319, not only has never been repealed, but is the foundation for subsequent acts, such as the Trading With the Enemy Act of October 6, 1917, and the Amendatory Act thereto, i.e., the “Banking Relief Act,” of March 9, 1933, just after Roosevelt's Inauguration. The Amendatory Act (48 Stat. 1) amended the Trading With the Enemy Act, and was passed by Congress at a time when the United States was not in a shooting war with any foreign foe. The American people were (unknowingly) at war with their conquerors, the Banksters, who had defeated the country by the treachery of their something-for-nothing paper-money banking swindle and other deceits, rather than force of arms. The pen can indeed be mightier (and more suicidal for those who mindlessly use it) than the sword. This amended version of the Trading With the Enemy Act provided "legal" justification for dramatic increases in the power, scope, and authority of the U.S. Government (now owned by and an administrative agency of the bankers).
The original Trading with the Enemy Act excluded citizens of the United States from being treated as the enemy when involved in transactions wholly within the United States. The Amendatory Act of March 9, 1933, however, expressly included the people of the United States as the enemy by insertion of the following text: "...by any person within the United States or any place subject to the jurisdiction thereof..." Chapter 1, Title 1, Section 1(b).
By operation of law the American people became the "enemy" of the private Federal Reserve/IMF Creditors in bankruptcy, who have thereafter been administering their prize/conquest through their alter ego and front, the "U.S. Government." To regulate and control their slaves/chattel property, they rendered (under color of law and government) all intercourse illegal amongst the American people without obtaining permission through licensing. To travel, a driver's license is required; to open a business requires a business license (not to mention additional and on-going mountains of "red tape"); to work for another one must obtain licensing through a Social Security card.

To be "within the United States" one must merely be a "person" or "resident," i.e., a 14th Amendment "citizen of the United States." Although one can never know who actually knows what, the chances are overwhelmingly large that the vast majority of doctors and hospital personnel are as ignorant of how badly they’ve been had as the rest of their fellow countrymen. Part of the cleverness of the sting is that it has been structured so that the people end up policing and being policed by each other without ever knowing whose agenda they are actually fulfilling. It is possible that Henry Ford was correct in his celebrated statement: "It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning."
[4] The three means of ratifying an implied contract, i.e., a unilateral offer from the system to you, are: 1) Do nothing; 2) Accept benefits from the system; 3) Fail to know, declare, and properly notice the appropriate parties in the system of your applicable law.
[5] A given name sounds the same when spoken, regardless of whether the spelling on paper consists of all-capital letters (the strawman) or upper- and lower-case letters (symbolically representing the real being).
[6] The nature of the existing scenario is not, for instance, on the curriculum of any institution of public education, nor is it discussed in the media, news, law schools, etc. Obviously no con that is explained by the con man remains a con.

Friday, June 22, 2012

SUE THE IRS TO COLLECT WHAT IS DUE...


From: Legalbear
Reply-To: "tips_and_tricks@yahoogroups.com"
Date: Sunday, June 3, 2012 6:19 PM
To: "tips_and_tricks@yahoogroups.com"
Subject: [tips_and_tricks] Giving the IRS an Attitude Adjustment




After § 7433 Suit Filed, IRS Attitude Changes for the Better:


I’m kind of excited. I just got word of what appeared to be a total change of heart by the IRS after receiving a final notice of intent to sue followed by the actual filing of a suit under 26 U.S.C. § 7433. 


The IRS had made this couple promises and was not keeping them. When the couple started taking the IRS to task for not keeping the promises they gave them still more runaround. This is such a typical story that I hear all the time.


The couple had already sent a notice of intent to sue based on § 7433. But, when the couple sent a final warning that they intended to file suit and then actually did file the suit, the IRS had change of heart and became kinder and more gentle. They began to leave polite messages on the voice mail and seemed to become very sincere about correcting the errors. It appeared that they were concerned that their actions had resulted in the suit being filed and inquired about the status of the suit. 


Beneficial Features of Section 7433:


As you may recall, 26 U.S.C. § 7433(a) provides: 


If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregards any provision of this title, or any regulation promulgated under this title, such taxpayer[1] may bring a civil action for damages against the United States in a district court of the United States.


But, subsection (d) provides limitations:




(1) A judgment for damages shall not be awarded under subsection (b) unless the court determines that the plaintiff has exhausted the administrative remedies…


As some of you know, I’ve been a proponent of using the exhaustion requirement to our advantage. 26 CFR 301.7433-1(e) provides: 


An administrative claim…shall be sent in writing to the Area Director, Attn: Compliance Technical Support Manager of the area in which the taxpayer currently resides.


Administrative Claim Letter Success:


Letters sent in compliance with this provision have met with some success. 


In all, I am aware of seven instances where levees were released after one of these letters was sent. 


I had always said that there was a possibility that somebody would get a check as a result of these letters. A while back that actually happened. Somebody combined my lien and levy research in their letter and got a check back for over $6000 of wrongfully levied funds from the IRS.


Government Does Not Want More Litigation:


I recently got some additional insight as to the distastefulness of litigation to the government when I read the book The Price of Loyalty by Ron Suskind, Simon & Schuster Paperbacks, 2004. The book is about Paul O’Neill’s 1.5 year stint as Secretary of the Treasury. He was trying to make some changes in the ways that executives of corporations were treated. The results will become self-evident as you read:


On page 225:


Shifting the standard to negligence is a huge problem, the SEC chairman said. We just can’t go there. There’s no doubt that we have to prevent gaming the system. But we need a high standard, otherwise we’ll be overwhelmed with litigation.


On page 230:


Three days later, a story ran in the Wall Street Journal about O’Neill’s position on corporate governance and his desire to lift the standard from recklessness to simple negligence. It mentioned that Pitt and Hubbard were against the new standard, “concerned that no matter how it was crafted it will lead to more lawsuits.”


At page 233:


Many of the CEOs seemed to have consulted already with their chief counsels. The one thing they didn’t want was even the slightest uptick in litigation.


At page 239:


The move from recklessness to negligence was dropped for fear it would invite a wave of lawsuits. O’Neill and Greenspan were discouraged. A single issue for the corporate crowd—fear of lawsuits—carried the day, O’Neill said, his outrage boiling over.


So, big corporations and big government, with all of their attorneys and resources, as I suspected, do not want more litigation. An administrative claim for damages, or notice of intent to sue, gives us an opportunity to take advantage of the government’s distaste for litigation. 


Success after the Suit has been Filed:


There have been reports of no results from administrative claim letters, but, after hearing about the results described in the first paragraph of this e-mail, it got me to thinking about the results I found in the case law after the suit was filed; for example: 


1) Mrs. Shaw received a refund of all the money collected, and the remaining tax liability was abated.  Shaw v. U.S., Fifth Circuit.  


2) After filing one of these suits, the government dismissed the criminal action against the 7433 plaintiff.  Fishburn v. Brown, Sixth Circuit, 1997.  


3) After filing one of these suits, the IRS returned a seized Cadillac.  Washington v. U.S., Ninth Circuit, 1992.  FE


4) After filing one of these suits, the plaintiff's tax liability "was resolved in the plaintiff's favor in tax court.  Templeman v. U.S., First Circuit, 1994.  


5) After filing one of these suits, an injunction restricting state court filings was vacated.  Templeman v. U.S., First Circuit, 1994. 


6) After filing one of these suits, improperly levied funds were returned.  Raymond v. U.S., Sixth Circuit, 1993. 


7) After filing one of these suits, the government conceded that an assessment was erroneous and released its liens.  Miller v. U.S. (N.D. Cal. 1992). 


8) The government provided the forms during the litigation that they had previously refused to. Ball v. U.S., No. 94-2125 (7th Cir. 1995). 




It Is Possible to Win Damages off a Section 7433 Suit:


Let’s not forget the 5th Circuit case Gandy Nursery v. U.S. where $388,500 in damages were awarded and $317,738.50 in costs and attorney's fees; plus, post-judgment interest on the $16,800.   


Some Suggestions for Those Dealing With IRS:


If you already sent your claim letter:


26 CFR 301.7433-1(d) provides that, “…no action under paragraph (a) of this section shall be maintained in any federal district court before the earlier of the following dates: (i) The date the decision is rendered on a claim filed in accordance with paragraph (e) of this section; or (ii) The date six months after the date an administrative claim is filed…”


If you had a decision on your administrative claim letter, you can go ahead and file your suit, or, you can do like the couple in the first paragraph and send them a warning letter.


If you send an administrative claim letter and less than six months has passed you may want to send a warning letter telling them that the six month deadline is approaching; and that they may want to take action.


If you send an administrative claim letter and more than six months has passed you have the option of sending the warning letter or filing suit.


If you have one of my packages, but have not sent a section 7433 letter:


You may want to go into my package and locate the file 26USC7433. If you need to search your hard drive you should quickly find the file if you search for exactly this: 26USC7433. Once you locate it you should review the notes files and the sample letters. You should also review the statute and the regulation which are here: http://www.law.cornell.edu/uscode/text/26/7433


and here: http://www.law.cornell.edu/cfr/text/26/301.7433-1


I’m sure these have changed since you bought my package. Locate some statutes and regulations that the IRS violated and you will be ready to put together your letter. I am available to review letters; if you would like that please call me: 720 -675 -7230 9:00 AM to 8:30 PM MST. 


If you do not have one of my packages, but think it would benefit you to send an administrative claim letter: 


My research packages amount to what I call a “shortcut to competence”. If you follow the statute and the regulation there is somebody on the other end that is going to be reading your letter. Because of this, you want your letter to display a certain degree of competence. It must appear in your letter that you’ve done your homework. A competent letter is the shortest route to success; and may save you from having to file suit. If you go to my shopping cart here:


http://www.legalbears.com/armor/index.php?main_page=product_info&cPath=4&products_id=47


You’ll see you will see THE BIGGEST PACKAGE! THE BIGGEST SAVINGS! This package includes Lien & Levy Thumper-IRS Terminator for CDPH-All Angles Offensive MP3’s-Frivolous Return Penalties Research-Bear’s Online Legal Research Video & Golden FOIAs. This package is normally $577. For the next 10 days (June 13) when you enter IRSAttitudeAdjustment during the checkout process you will save $200 and be able to get the package for just $377. That’s a $1213 savings over what you would pay for these packages separately!


I’m convinced that filing one of these letters, sending a warning letter, and filing suit is one of the quickest and most effective ways of getting some respect from the IRS.


Knowing what your rights are is the first step to getting them: 


When the IRS violates our due process rights, most people feel bad. The bad feeling is what tells you that your rights have been violated. However, the bad feeling should only be the trigger that sets in motion a search for the authority, usually from the Supreme Court, establishing the right and explaining it. Understanding this concept is what set me on a search for Supreme Court decisions explaining due process rights. I copied and pasted 34 pages of due process quotes from the Supreme Court with the citations to the cases and quotes and put them here:


http://www.legalbears.com/armor/index.php?main_page=product_info&cPath=4&products_id=49


If the IRS agent fails to give you all your constitutional rights he could lose his job. I made a video about this and you can view it at the link above. I call this package HOW TO HOLD IRS CONSTITUTIONAL VIOLATIONS over THEIR HEAD. This is a tremendous lever to use against IRS personnel, the threat of the loss of their job. Normally I sell this package for $200. Through June 13th, when you enter DueProcessViolations in the coupon code blank on check out you will save $100 and be able to buy these quotes for $100; a 50% savings!


NOTE: If you would like to get both of these packages you must make separate purchases because the shopping cart will only accept one discount code at a time.


I hope this email has been some help to you and given you some hope. Bear


Call me at: 720-675-7230


On Skype: legalbear


Best times to call: 8:30 am to 9:00 pm MST


Join my Yahoo Group Tips & Tricks for Court by sending an email to:


tips_and_tricks-subscribe@yahoogroups.com


My blog: legalbearsblog.com 


Tax sites: IRSTerminator.com IRSLienThumper.com IRSLevyThumper.com 


(formatted like this so this email doesn't end up in your spam folder)


[1] The Supreme Court has held that there are two kinds of taxpayers: 1) the taxpayer from whom the tax is sought to be collected; 2) the taxpayer that is subject to the Internal Revenue Code. The court held that a non-taxpayer could not be deprived of remedies under the Code by virtue of that status.

Friday, May 11, 2012

INDEFINITE DETENTION OF CIVILIANS...



Friends-
We can put an end to a shocking assault on our civil liberties:
Last year's National Defense Authorization Act included language that could allow the military to detain civilian suspects INDEFINITELY without charge or trial.
This year's NDAA could come up for a vote as soon as next week and we have a prime opportunity to reverse this travesty of justice.
Click here to fight back: Email your member of Congress right away.
Congressmen Adam Smith and Justin Amash will put forth an amendment to make it clear that the military does not have the power to arrest and indefinitely detain civilians without charging or trying them.
Please urge your lawmakers to support their efforts and help us spread word far and wide.
Just click here to email your member of Congress right away -- a few seconds of effort will help us reclaim our cherished civil liberties.
Thanks.
PS: Help us reclaim our civil liberties. The vote could be next week, so please urge your friends to get involved right away. You can forward this email or use these links:
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Thursday, April 5, 2012

COMMON LAW RIGHT

   NOTICE AND UNDERSTANDING AND INTENT AND CLAIM OF RIGHT
Whereas it is my understanding that the United States is a COMMON LAW jurisdiction, and, Whereas I hereby restore the law of the CONTINENTAL REPUBLIC, and, Whereas I claim COMMON LAW JURISDICTION, and, Whereas I am a human being with a soul, and, Whereas I am not a slave and I do not consent, and, Whereas I am the sole benefactor of my trust, and, Whereas I stand upon the land and I am not a ward of the State, and, Whereas we have a fundamental right to peace and abundance, and, Whereas it is my understanding that as a Freeman On-the-land when commanded to do something it is an offer, and, I am obligated to submit a bill for my services, and, Whereas it is my understanding that I can conditionally accept all offers, and, Whereas it is my understanding that equity before the law is paramount and mandatory, and, Whereas this NOTICE OF UNDERSTANDING IS A CLAIM OF RIGHT TO THE LAND described by a meets and bounds description advertised in two newspapers March 26, 27, and 28th, 2006. Whereas it is my understanding that a statute is defined as a legislative rule of a society which has been given the force of law, and, Whereas it is my understanding that a society is defined as a number of people joined by mutual consent to deliberate determine and act for a common goal, and, Whereas it is my understanding that the only form of government recognized as lawful in the United States is a representative one, and, Whereas it is my understanding that the absence of mutual consent neither representation nor government can exist, and, Whereas it is my understanding that all acts are statutes restricted in scope and applicability by the CONSTITUTION and the BILL OF RIGHTS, and, Whereas it is my understanding that said scope and applicability is limited to members and employees of government, and, Whereas it is my understanding that employees of the State and Federal governments are sworn by OATHS to uphold the CONSTITUTIONS and are bound to uphold the statutes created by their respective governments, and, Whereas it is my understanding that all Judges are required to be members of the Bar Alaska Statute Title: 08 (Church of Baal) that that the Judge is the Priest of Baal presiding over inquisitions (confessions). The ecclesiological model of Church as an Institution holds that the Catholic Church alone is the "one, holy, catholic and apostolic Church", and is the only Church of divine and apostolic origin, and, Whereas it is my understanding that Attorneys (turn you overs) are required to be members of the Bar (Church of Baal) and re-present you to the court as a dead or incompetent ward of the state “person.” Whereas it is my understanding that it is lawful to abandon one’s corporate enslavement, and, Whereas it is my understanding that human beings in the United States have a right to revoke or deny consent to be represented and thus governed, and, Whereas it is my understanding that if anyone does revoke or deny consent they exist free of government control and statutory restrictions, and, Whereas Freeman-on-the-Land has lawfully revoked consent and do exist free of statutory restrictions, obligations and limitations, and, Whereas I Henry-Frederick: Kroll am a Freeman-on-the-Land with a CLAIM OF RIGHT, and, Whereas it is my understanding that any action for which one can apply for and receive a license must itself be a fraudulent and unlawful action, and, Whereas, I am a peaceful human being, and, Whereas I am a freeman-on-the-Land who operates with full responsibility, I do not see the need to ask permission to engage in lawful and peaceful activities especially from those who claim limited liability, and, Whereas it is my understanding that a by-law is defined as a rule of a corporation, and, Whereas it is my understanding that corporations are legal fictions and require contracts in order to claim authority of control over other parties, and, Whereas it is my understanding that legal fictions lack a soul and cannot exert and control over those who are thus blessed and operate with respect to that knowledge as only a fool would allow soulless fictions to dictate ones actions, and, Whereas it is my understanding that I have a right to use my property without having to pay for the use or enjoyment of it, and, Whereas it is my understanding that a summons is merely an invitation to attend and creates no obligation or dishonor if ignored, and, Whereas it is my understanding that peace officers have a duty to distinguish between statute and Law and those who attempt to enforce statutes against a Freeman-on-the, Land are in fact breaking the law, and, Whereas it is my understanding that theft is defined as removal of property without CLAIM OF RIGHT, and, Whereas it is my understanding that we are all created equal, and, if we are all equal then who has the right to put demands on us? Whereas it is my understanding I have the power to refuse intercourse or interaction with peace officers who have not observed me break the peace, and, Whereas permanent estoppel by acquiescence barring any peace officer or persecutor from bringing charges against a Freeman-on-the-Land under any ACT created if this claim is not responded to in the stated fashion and time, and, therefore be it now known to any and all concerned and affected parties, that I, Henry-Frederick: Kroll, a Freeman-on-the-Land do hereby state clearly specifically and unequivocally my intent to peacefully and lawfully exist free of all statutory obligations, restrictions and maintain all rights at Law to trade, exchange or barter.

Friday, January 27, 2012

MORE SEA ICE THAN IN 20-YEARS.


Another bogus Global Warming report.


Sea ice that is encroaching on the central Bering Sea is threatening to shut down the snow crab fishery at the peak of the season, according to the Bering Sea Fishermen's Association.
The fishery was expected to net 80 million pounds this year, but now crabbing boats are retrieving their pots or sitting in Dutch Harbor in a development that could have a devastating effect on crabbers trying to make a living off the fishery, the Anchorage Daily News (http://bit.ly/A6P0U2 ) reported Thursday.
The problem is that earlier-than-expected ice is moving south over prime crabbing boats. Karen Gillis, the association's executive director, said there has not been a natural event like this in 20 years.
"We're talking about household incomes that are being severely impacted, households that don't have a lot of other income sources," she said.
Karen Gillis, the association's executive director, says there has not been a natural event like this in 20 years.
Crabbing boats are out retrieving their pots or sitting in Dutch Harbor rather than delivering their catch to the now iced-in Trident Seafoods processing plant on St. Paul, said Edward Poulson, an adviser for the Bering Sea Crabbers Association and longtime crabber.
"Every day the boat sits in town waiting to see if the weather is going to turn you're burning money," Poulson said.
Some 8,000 pots are in the water right now — putting a total of more than $8 million worth of gear potentially in the ice's path, said Heather Fitch, an area management biologist with the Alaska Department of Fish and Game in Dutch Harbor.
___
Information from: Anchorage Daily News, http://www.adn.com








Note the the average global temperature is at the freezing point on the above 800-thousand year graph above. This winter has been 20 degrees colder  than average here in Alaska.


I am amused by this report because I fished king crab 25-years. I had to deal with cook Inlet ice sheets that can move in over the top your gear and cut the buoys off. I lost lots of $500 pots due to sea ice, 


I have pictures of my buoys in the ice off Augustine Island. It's a very slow process getting your gear back when you have to wait for them to pop up between ice burgs. Then you grapple them fast before they disappear again. Its very cold work standing out on deck in the wind in minus temperatures.






Global average temperatures are falling not rising and we could be going into another Ice Age. If so you won;t have to worry about the government proposed population reduction because there won't be enough food.



Sunday, January 15, 2012

BLOGS BANNED, SOCIAL NETWORKS BANNED, INTERNET CENSOR BILL...


Internet Takeover Bill
United States Justice Foundation
932 "D" Street, Suite 2
Ramona, California 92065
760-788-6624   USJF.NET

01/10/2012

Dear Kenneth,

The final U. S. Senate vote on the internet takeover bill is set for January 24th.  As of right now, that bill, which gives U. S. Attorney General Eric Holder the power of an "Internet Czar,” WILL PASS.
Please send faxes to every Member of the U.S. Senate, and demand that they filibuster S. 968, the Senate version of the internet takeover bill.
Unfortunately, the American people are not paying attention to this catastrophe that is unfolding in the U. S. Senate.  We only have a few days to stop this unconstitutional power grab.  We must bombard the Senate with faxes, RIGHT NOW!
This bill will give corrupt U.S. Attorney General Eric Holder the power to blacklist or shut down any website or forum that is merely accused of being linked to "online piracy”.
He will even have the authority to "sanitize” the results of internet searches on Google or Yahoo, so that only government-approved websites and information can be found online.
If this bill passes, Barack Hussein Obama will have to the ability to ban the campaign websites of his opponents, shut down the online activities of anti-Obama groups like USJF, and harass tea party forums and any other website that don't support him.
Please fax the U. S. Senate now.  This bill WILL PASS unless the American people overwhelm the Senate with faxes!

And, while you are at it, please forward this email to everyone in your lists.
The FINAL U. S. Senate vote is scheduled for January 24th.  We don't have much time!
If this bill passes, the Obama Administration won't need a court order.  There will be no hearings or trials.
Barack Hussein Obama, Jr., will seize incredible control over the internet, and we will be nearly powerless to stop him.
Although supporters of the bill say that it is designed to prevent online piracy, this is an internet takeover bill, pure and simple.
Just one "complaint” from a liberal activist, or a government agent, that you are indirectly violating an obscure copyright rule, and your website could be fined huge sums, and it could be blacklisted from the internet.
Just imagine if Google was prohibited from displaying websites that were critical of Barack Obama, that discussed the controversy over where he was born, or that mentioned the damage that his policies are doing to the economy.
Well, that is exactly what will ultimately happen if S.968 passes, and it is signed into law.
Many of this bill's provisions are modeled on Communist China's censorship law, called the "Great Firewall of China.”
Even the socialists in the European Parliament oppose this new American law.
That is how extreme S.968 is!
S.968 already has 40 co-sponsors in the U.S. Senate.   Eleven more votes and it passes!
Please fax every U. S. Senator NOW.
Extreme liberals like Chuck Schumer and Al Franken have teamed up with Republicans like John McCain and Lindsey Graham to ram this bill into law.
They are being helped by millions of dollars in campaign contributions from  left-wing mainstream media companies.
They want the government to shut down all the blogs and political forums, and all of the independent news sites, so that they, once again, will have a monopoly on the news that you and I are allowed to see.
This threat against free speech is so grave and so imminent that websites like Google and Yahoo are seriously considering staging a last-ditch online protest to try to stop Mr. Obama and his Congressional allies!
Please, fax every Member of the U. S. Senate NOW, and please forward this email to all of your friends, urging them to do the same.

This bill WILL PASS unless you take action TODAY.
And, while you are at it, please add to the effectiveness of your faxes by personally calling your U.S. Senators' offices at 202-224-3121.  Tell him, or her, to STOP S. 968, the internet takeover bill.
The final vote is January 24th.  We only have days remaining to save free speech on the internet!

Sincerely,
Gary G. Kreep, Esq.
Executive Director
United States Justice Foundation

Sunday, January 8, 2012

Bogus Global Warming prevents fuel delivery.




Global Warming prevents fuel delivery…
Photo credit: AP | The Coast Guard Cutter Healy escorts the Russian-flagged tanker Renda 250 miles south of Nome Friday Jan. 6, 2012. The vessels are transiting through ice up to five-feet thick in this area. The 370-foot tanker Renda will have to go through more than 300 miles of sea ice to get to Nome, a city of about 3,500 people on the western Alaska coastline that did not get its last pre-winter fuel delivery because of a massive storm. If the delivery of diesel fuel and unleaded gasoline is not made, the city likely will run short of fuel supplies before another barge delivery can be made in spring. (AP Photo/US Coast Guard - Petty officer 1st Class Sara Francis)

I have written about the government's Climate Change/Global Warming disinformation program for a very long time. There is more ice in the Arctic than there has been in years. If you were to read my book, COSMOLOGICAL ICE AGES you would realize we are still in an ICE AGE. Earth didn't have ice caps until about three-million years ago. The reason why we are not sitting under a mile of ice right now is because somebody tilted Earth 23.5 degrees 12,500 years ago. They did it to thaw the ice caps back so they could mine gold. There is only one object up there in the sky large enough to tilt Earth 23.5 degrees. Impact computer data confirm this. Zecharia Sitchen translation of ancient Sumerian Scrolls confirm this. Immanuel Velikovsky's book IN THE BEGINNING confirms this.    

Russian Tanker Completes Repairs, Resumes Nome Fuel Delivery
January 05, 2012|By Rhonda McBride and Chris Klint | Channel 2 News

ANCHORAGE, Alaska —
A Russian tanker is once again headed for the iced-in port of Nome after taking on all available unleaded gasoline at Dutch Harbor as cargo, then returning there for minor engine repairs.
Vitus Marine LLC, the company that contracted the Renda on behalf of Bonanza Fuel, says the ship was repaired at anchor Wednesday evening, just outside of Dutch Harbor at Broad Bay.
"It was better to have it anchor and have an assist tug along," said Mark Smith, Vitus Marine’s CEO.
According to supply and logistics manager Michail Shestakov, the ship was having problems with an engine exhaust valve that required shutting down the engines. It was determined that it was safer to return to Dutch Harbor to replace the part.
Smith said the part was replaced ahead of schedule, and the Renda departed Dutch Harbor before midnight.
Shestakov told Channel 2 that the Coast Guard icebreaker Healy is traveling about four nautical miles ahead of the Renda, which is forging ahead into strong northerly winds.


ANCHORAGE, Alaska – A Coast Guard icebreaker is cutting a path through icy seas for a Russian tanker carrying much-needed fuel for the iced-in Alaska city of Nome.
The 370-foot ship, hauling more than 1.3 million gallons of fuel, is scheduled to arrive later Monday or Tuesday. It was less than 190 miles away on Saturday.
Video and still photo images released by the Coast Guard show the two vessels moving steadily through ice jammed seas.
"They're navigating through ice right now, taking a direct route for now," said Jason Evans, the CEO of Sitnasuak Native Corp, one of the companies undertaking the delivery. "They considered going through patches where there might be thinner ice, but determined that that would have taken them on a longer route."


The city of about 3,500 people on the western Alaska coastline normally gets fuel by barge. But it didn't get its last pre-winter fuel delivery because of a massive storm and it could run out of crucial supplies before spring.
The Russian tanker came upon ice about a foot thick very early Friday near Nunivak Island, a large island in the eastern Bering Sea, the Coast Guard said.
The tanker is being shepherded by the Healy, the Coast Guard's only functioning icebreaker — a ship of special design with a reinforced hull made to move through ice.

"It's going basically as planned," Evans said.
If the mission is successful, it will be the first time petroleum products have been delivered by sea to a Western Alaska community in winter.
Sitnasuak officials have said they settled on the Russian tanker delivery plan after determining it would be much less expensive and more practical than flying fuel into Nome. The vessel, which is certified to travel through ice 4 feet thick for long distances, normally delivers fuel to communities in the Russian Far East.