Fighting the Beast I have spent all night reviewing material presented by a lawyer (not an attorney) from Seattle Washington, regarding how to use the law correctly. His name is Kenneth Wayne. Mr. Wayne's material is just part of the Pinnacle Quest International (PQI) Educational Course, which is marketed as a companion to the Debt Solutions International (DSI) Study Course. Both Courses can be purchased (and should be purchased) by calling: 800-570-3837 You'll be glad you did! Primarily, Mr. Wayne states that when we take an action to a Court, if we have no "Administrative Record" of attempt at a "Private Administrative Remedy" we are asking the Court to sit in an Administrative capacity, rather than Judicial. We can't invoke a Judicial Court, unless we have failed at the, Administrative level to remedy the situation, and there is a genuine matter in dispute. Unless the Administrative Process has been exhausted, there is no dispute of which the Judicial Court can take jurisdiction. So, If we have an Administrative Record, that shows we have attempted a Private Remedy, but the other side has failed to honor their obligation to Administratively Remedy the Dispute, (the Administrative Procedures Act), we should present that record, so the Judge can now take jurisdiction of the dispute, and Judicially render a judgment. By the same token, if the other side has brought an action, without first seeking an Administrative Remedy, we should ask the Court if the plaintiff has submitted an Administrative Record? If they have not, this will force the matter back into the Administrative Private Remedy arena, where the issues may be resolved, or in case the parties cannot reach a resolution, then the issues in dispute are ripe for a Judicial Court. The Administrative Procedures Act, is the application of our common law private remedies, to any dispute that arises between parties. Your (20) Day Private Claims and Notices of Dispute, and your Verification Requests for validation of the Debt. Your (10) Day Notices of Fault and Opportunity to Cure. Your (10) Day Notices of Default and opportunity to Cure. Your Final (5) Day Notice of Default and Final Notice to Cure. All these efforts to reach a Private Remedy, under the Administrative Procedures, that have gone unanswered by the other party. Now, you have an Administrative Record to present to the Judge, and now he can take jurisdiction, Judicially, and grant you the remedy that justice demands. One thing to bear in mind. You can notice the other party that you have a dispute, tell them why, and recommend the remedy. But, that doesn't mean they have to agree with you. They may agree with you and settle the issue. Or they may say there is a rule or regulation that says we must handle this another way. They may totally disagree with you. They may even sue you. They may even answer you with some off the wall answer. But the one thing they cannot do, and maintain any viable affirmative defense, is, ignore you. If they do, you have won. Go collect. Page 2, fight the beast I have also reviewed
the material of a World Economist, Tim Madden, from The reason for this of course, is that there is not enough money to pay the debt that is being created, by the expansion of credit. So, when the person running the musical chair game, inside the credit bubble, gives the command to sit, there are more players than there are chairs, so, somebody has to leave the game. The problem with this of course is that in real life, this is not a game. Those who are forced to leave the game, because there is not enough money in the economy to pay back all the debt the banks have created by their expansion of credit, and profited from creating it, will lose everything they have worked to accrue. Who gets it? That's right, the banks. The banks receive a hard asset, representing the fruits of your labor, and you have to start all over, with nothing. MMMMMM....., who sets the interest rates in this country? Wonder why? The Game is Rigged The whole game is rigged from the beginning, and the number of casualties are calculated by the rate of interest these banks are charging for expanding the "credit" beyond the means of the economy to produce the funds to pay the debt. It is predetermined and premeditated, slaughter. And Allan Greenspan and his "out of sight" fellow Board Members of the private Federal Reserve (that has no reserves) Bank, knows this. Now you know why he is always trying to "slow down" the economic growth, by raising the interest rates. A strong economy does not serve his fellow fleecers. Use an Equity Court One thing Mr. Madden points out is the importance of using the Equity Courts. He says that we must argue Equity from the outset. NOT THE LAW! He says the Courts of Equity must give you equity, if you argue Equity! Regarding the Mortgage Foreclosures: Mr. Madden suggests that you Demand from the Court FROM THE OUTSET, AN EQUITABLE ACCOUNTING OF THE TRANSACTION. Page 3, fight the beast. Tell the Court: "I want to know who brought the money to the table in this deal, and who left the table, with that money." I WANT AN: "AUDIT OF THE EQUITIES." What you are saying to the Court is: I WANT:"THIS COURT TO LOOK WITHIN THE FOUR CORNERS OF THE CONTRACT DOCUMENT AND HELP ME FIND THE CONSIDERATION TENDERED BY THE PLAINTIFF IN THIS TRANSACTION." If you get your "AUDIT OF THE EQUITES" of the contract, and it reveals that there is NO EQUITY in the transaction, the Court, BY EQUITY, must find for you in the matter and rule the contract void, ab initio. Mr. Madden further points out why the Mortgage Contracts are written the way they are written. It is because, there is no equity (no consideration). But the contract must APPEAR as if the bank loaned you the money, BEFORE they received your Note and Mortgage Contract, in order for them to use the Mortgage Contract as the RECEIPT, to do what they do with the Note and Contract. [To treat it as if they now own it, so they can sell it.] The entire transaction is a "scheme or artifice to defraud" based in deception and deceit. And, the "artifice to defraud" is constructed, right into the contract. This is a crime under the federal criminal code, U.S.C Title 18 Section 1346. It is:
of material facts, that causes you to take an action to your own detriment. The contract is a nullity. The transaction never took place, because it is a CONSTRUCTIVE FORGERY, a fraudulent representation that exists, right on the face of the document itself. It is phony! I WANT AN AUDIT OF THE EQUITIES! FORECLOSURE Regarding foreclosure sales. A complaint for fraud will not stop the sale order by the Court, if there was a foreclosure of a Mortgage. But, the fraud if proven, means, there never was a mortgage to foreclose on. So, we must seek injunctive relief, when we file the Complaints for Fraud. What the banks and other lending institutions will do against these fraud complaints, is chip away, through the Judge, BY MOTION PRACTICE, and attempt to chip away at your evidence, by denying you discovery through legal avoidance tactics. The judge will uphold their objections to your Interrogatories and Depositions and do everything he can to Page 4, fight the beast prevent your evidence from getting into his evidence file. Then, when the record is set, the bank will move for Summary Judgement by Default, because you have not stated a claim upon which relief can be granted, (no evidence to support your claim) and the Judge will grant their motion. They can't defend against the issues, they can't win on the merits, so with the help of the judge, they will win by your default, created by them and the judge, and by your insufficient pleadings, because you are not familiar with the procedural rules. The Judges' Oath of Office According to Mr. Wayne, you have to hold the judge to his oath of office. (And this is a key element to your success.) Because he is a key element to the crime. One way to do that is, demand the AUDIT OF THE EQUITIES. Another thing you should know is that the judge is required to take his oath BEFORE he enters in upon the official duties of his office. (Article 1, Section 6, Clause 2 of the Constitution.) That means that he took the oath as a private Citizen, and he cannot use "Judicial Immunity" as a defense when he fails to support the Constitution, commits perjury against his Oath of Office, and violates your rights. Mr. Wayne further points out that you should also understand that if a judge violates the Constitution, and violates any of your Unalienable Rights, protected under that Constitution, he is not acting in an official capacity and you can arrest him, and bring charges against him. You can declare a Citizen's Arrest and demand that the Bailiff take him into custody. Of course, he probably won't do it, because he works for the judge. So, you may have to call the Sheriff. Military Provost Marshall I have known people who recommended that you visit your nearest military base and speak with the Provost Marshall, before you embark on arresting a judge. Let him know what you are going to do, get his phone number, and have someone with you who can call him to arrest the judge and the Bailiff. The Provost Marshall has the authority to arrest anyone who is in rebellion to the Republic. And, if treason is proven, he has the authority to HANG THEM. If, found guilty of a lesser crime than treason, the judge will face a, ten (10) year prison sentence. Do they know this? You bet they do! They're just hoping that you don't know it, and that you won't have the guts to enforce it. You need to understand that you can petition the Appellate Court for Declaratory and Injunctive Relief of a judge's actions in a proceeding. This is not a punitive action, but one for a Declaration by a higher authority, on the correctness of the lower Court, or to enjoin the lower Court from doing something that is incorrect. Once you get the Declaration or Injunction, you can then go back to the judge and say, "Well, they said you were wrong, so now I'm going to sue you personally." You don't go in making unfounded accusations against judges. That will get you in trouble. You wouldn't want someone making unfounded accusations against you. But, when the judge (or the lawyer for that matter, he took an oath to support the Constitution and is an agent of the State), takes an action that violates your rights, and they will not correct that action, you must bring charges against them. Otherwise, they have gotten away with it, and they will do it to someone else. Maybe even someone you know, like your children, or your Mom or Dad. Page 5, fight the beast You Are Committing A Crime! Another thing that Mr. Madden points out, is that every time your credit card is swiped, and you sign the credit card slip (Bill of Exchange), at minimum, 30 crimes are committed. Every time you sign a Promissory Note (Bill of Exchange), a huge number of crimes are being committed. You are a party to these crimes, whether you realize it or not. Are you culpable? Not by knowledge. So, intent is not there. But, once you become knowledgeable (after reading this), you could be found liable, if you do not take steps within your power to correct the problem. What Can You Do? What do you do? You send your 'CREDITOR' a "NOTICE OF SUSPENSION OF THE ACCOUNT" and let them know that this account is now in dispute. NOTICE OF DISPUTE. Let them know that you have become aware of the Duties, Obligations and Rights, at Equity, regarding this transaction. Let them know that you are requesting all the documents pertaining to this transaction and account that will validate the debt. Place a request to the creditor, affording them an opportunity to state what they have as proof of the validity of this debt. When they don't answer, then go to the Court and ask the Court to enforce the LACK OF AN OBLIGATION. DUTIES OF A LENDER: To loan you money. [They didn't loan you any money or the equivalent thereof. But, they show on their books that they received from you, money, or the equivalent thereof. (Your Note). OBLIGATIONS OF THE BORROWER: You promise to pay back the money. [And, you have paid.] RIGHTS: Mutual Obligation, Consideration, and an Equitable Contract. [I paid you that which you did not loan me. I am entitled to the full face value of my Note, which you stated on your books that you received from me. Take the house and give me my money. Or, keep my money and give me the house. That's Equity.] You are bringing this complaint, because you now have knowledge of the crime. The crime of the premeditated over expansion of the debt, beyond the amount of money in circulation, which will create a predetermined number of innocent victims, commensurate to the percentage of interest that the banks charge each year. You realize now that the banks cannot commit this crime, without you signing and GIVING to them your Note, so that you can hypothecate a certain number of years of your future labor, and use the bank's "equivalent" of money, NOW, in the present. You Were Deceived by the Bank You realize now, that you were deceived by the banks and did not understand that the Notes and Mortgage you have signed, documents given to you by the banks, but they bear only your handwritten name and are unilateral contracts. You now realize that, on its face, according to the unilateral contracts given to you by the bank and that you signed, the banks have absolutely no culpability, regarding the making, execution and delivering of Page 6, fight the beast those contracts to the bank. Except for the "inducement by fraud" on the part of the bank, by their "scheme or artifice to defraud" by deceit. You asked for information regarding the transaction, they refused to provide it. You asked for Validation of the Debt, and they refused to provide it. You asked the creditor to please convince you that the creditor had not involved you in a crime, they refused to answer. You stopped making payments, because you did want to participate in a crime. Without meeting their obligations under the Administrative Procedures for a Private Remedy, the creditor foreclosed. You are Counter Claiming, and seeking damages for the tort the bank committed against you, because you are a victim. Separate Yourself From The Criminals! You want to separate yourself from these heinous and diabolical criminals. You now realize that by not making, executing and delivering your Notes to them, for free, you will be doing that which is within your power, to stop the insidious and deceitful fraud being perpetrated against the American people. A fraud so diabolical and complicated, that, few can understand it. A fraud that has been carefully woven into the fabric of the economy, to the point that those who would work and eat and live, are seemingly forced to participate in the perpetuation of the crime, or be extinguished for lack of sustenance. A fraud, which the entire membership of the legal and judicial professions are either captives thereof, or willing players who work to protect and promote the crime. Until the interest that is being applied to the credit that is being extended by banks is eliminated, the people will remain slaves to the credit system, which is the banking and monetary system of the world. The Solution is Simple All the government would have to do to solve this problem, is issue the money, without interest, like the Constitution authorizes the government to do. That would solve a host of problems. First, there would be no debt. But "the government" serves as the lackey for the ones who created the problem, and "the government" actually perpetuates the problem. Of course, that would put the banks on a fee based structure for their revenue, rather than allowing them to suck the production profit from the labor of the people, right off the top of the economy, (and returning to the people, the debt). How does the banks suck the productive profit of the people, off the top of the economy? By the "compounded interest rates" which annually can range from 25% to 50%, and many times much higher. Sue For Fraud! It's a battle, folks! SUE FOR FRAUD and demand AN AUDIT OF THE EQUITIES of the contract. Hold the judge to his oath, and sue anybody who violates your unalienable rights, by committing a perjury against their Oath to support the Constitution, which protects your Unalienable Rights. Egger vs. City of Livingston. "A state judge does not enjoy official judicial immunity from unconstitutional behavior, when facts are sufficient to grant party declaratory or injunctive relief against the judge." Page 7, fight the beast If you are not going to do that, then don't even start. Just serve the beast. Be a grateful slave and try not to draw too much attention to yourself. But please don't attack those who are fighting this beast. It takes all the energy one can muster for this fight. If it is won, you will benefit from the rewards of the victory. So, if you can't join, try not to be an impediment. Every (valid) lawsuit is constructed in the following basic format:
How many government lawsuits follow even the basic format above? Do they ever make conclusions of law and legal conclusions in their pleadings? For example, take the phrase: "At all times relevant, defendant was a resident of Cook County, Illinois." Well, as Bill Clinton said, that depends on what your definition of "is" is. According to Mr. Kenneth Wayne, Black's Law Dictionary has eighteen (18) different meanings of the word "is." So, I guess he was right in wanting the word "is" defined. And, you would be just as right in requiring that the word "resident" be defined, as used in the complaint and a determination by the Court on both the applicable meaning of the word "resident" and whether the plaintiff was correct in concluding that you were a "resident." Of course, if you file an appearance, under the pleading of the complaint as stated, you have acquiesced. Page 8, fight the beast Who, What, When, Where, and How, then...... HOW MUCH? To further simplify the matter, this whole legal or litigation issue is simply taking (1) the law, and (2) the facts, take those two things and merge them together, and push them through a pipe, called (3) procedure. The Rules. What comes out the other end of that pipe, is the issue of the case, and the judgement or ruling is based on the evidence presented to the Court. At least, that is how it is supposed to work. It's up to you to make it work that way.
That's it! And you thought this was complicated. However, it is labor intensive and mentally exhausting. I have a contract with myself. Years ago, I wrote it down and stapled it to my bedroom wall, so it would be the last thing I saw at night, and the first thing I saw in the morning. I repeated it daily, until it took root in me, and is still growing today. Every morning, when I arise, and every night, or whatever time of whatever day it is, that I retire, I repeat the words of my contract. "My name is Bob Hopper. I am a Healthy, Alive, Alert and Awake, man. That isn't, all of my contract with myself, because it continues to change and expand, and be amended, as time goes by, but it is the basic terms of my contract. Another term I have added to my contract is the self-executing affirmation "I Will". I will do this! Something just happens when you hear yourself say those words. Another thing I have added, and use when I am without a clue as to how to do something, is to ask myself the question, "What would have to happen, for this to happen? The "this" is the desired result I am seeking. As soon as that question is asked, the answer starts to move toward you. WITH THE IRS, (At the administrative level) IT BOILS DOWN TO ONE ISSUE: I NEED PROOF OF YOUR "DELEGATED" AUTHORITY. NO SHOW. NO GO. By the way, are you aware that the Administrative Procedures, is the Application of our common law. Yep! the common law is unwritten (not codified) law. But we have common law remedies available to us under the Constitution and the State Constitutions. They have hidden the common law from us, by calling it Administrative Procedures. That is where we get our "Private Remedy". When these government agencies will not abide by the Administrative Procedures, and deny our FOIA's and Privacy Act Requests, will not prove their authority, file fraudulent Notices of Lien and Levy, through a "scheme or artifice to defraud" USC Title 18, Section 1346, we have been deprived our right to a "Private Remedy", have exhausted our administrative remedies, and must now bring a "suit" against the party who has committed such an act. TITLE 18 PART I CHAPTER 63 Sec. 1346. Page 9, fight the beast Sec. 1346. - Definition of ''scheme or artifice to defraud'' For the purposes of this chapter, the term 'scheme or artifice to defraud'' includes a scheme or artifice to deprive another of the intangible right of honest services. SCHEME OR ARTIFICE TO DEFRAUD - A scheme or artifice to deprive another of the intangible right of honest services. 18 USC; Any plan or course of action intended to deceive others, and to obtain, by false or fraudulent pretenses, representations, or promises, money or property from persons so deceived. In Illinois, you find the "scheme or artifice to defraud" under the Illinois Criminal Code 720 ILCS, under "Wire Fraud" "Mail Fraud" and "Financial Fraud." Check it out in your state. Learn to sue people. This is not a bad thing. Its a good thing! EDITORS NOTE: I have known Bob Hopper for over a year. He is a legal researcher, retired pastor, retired businessman and finds the time to work with new information and apply it to old wounded situations and people he consults for. He constantly works on improving himself and his understanding of the world we live in. He is currently marketing this financial education in an attempt to help people get educated. If you are interested in this subject and wish to further your own knowledge of how things financial really work, Contact me by email or call 602-522-4227 and join us in our non-violent fight, to slay the beast! MEMORAL QUOTES: "It is money, money, money! Not ideas, not principles, but money that reigns supreme in American politics." ~Senator Robert Byrd, West Virginia "The press ... traditionally sides with authority and the establishment." ~Sam Donaldson, ABC correspondent "Few of us can easily surrender our belief that society must somehow make sense. The thought that the state has lost its mind and is punishing so many innocent people is intolerable. And so the evidence has to be internally denied." ~Arthur Miller playwrite "The
government of the "We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~Louis Brandeis, Supreme Court justice from 1916-1939 "Never
forget that everything Hitler did in "The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all." ~Thomas Jefferson "True there were no flashing guns, no bombs, no killings. Revolution . . . doesn't need violence. The general strike, as practiced in Seattle, is of itself the weapon of revolution, all the more dangerous because quiet. To succeed, it must suspend everything, stop the entire life stream of a community....That is to say, it puts the government out of operation. And that is all there is to revolt-no matter how achieved." ~Mayor of Seattle, Washington, during the city's general strike in 1919 (from an article by Howard Zinn in The Progressive magazine, January 2000, p20) "Those who own the country ought to govern it." ~John Jay "First they ignore you. Then they laugh at you. Then they fight you. Then you win." ~Gandhi "How fortunate for governments that the people they administer don't think." ~Adolph Hitler "You know the one thing that is wrong in this country? Everyone gets a chance to have their fair say." ~President Bill Clinton "When
we got organized as a country and we wrote a fairly radical constitution
with a radical bill of rights, giving a radical amount of individual
freedom to Americans, it was assumed that the Americans who had that
freedom would use it responsibly.... What's happened in "History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. " ~Martin Luther King, Jr. "When the people clamor to be shielded from reality, when they praise their government for keeping things from them, when they choose to conduct their lives within the limits of whatever fantasy the government supplies, then they are no longer consenting to be governed, they are begging to be ruled." ~Michael Ventura "It is not power that corrupts but fear. The fear of losing power corrupts those who wield it, and fear of the scourge of power corrupts those who are subject to it." ~Aung San Suu Kyi "Human progress is neither automatic nor inevitable ... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals. " ~Martin Luther King, Jr. "First they came for the socialists, and I did not speak out because I was not a socialist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for the Jews, and I did not speak out because I was not a Jew. Then they came for me, and there was no one left to speak out for me." ~Martin Niemoller, German anti-Nazi pastor during World War II "Corporations have been enthroned....An era of corruption in high places will follow and the money power will endeavor to prolong its reign by working on the prejudices of the people... until wealth is aggregated in a few hands ... and the Republic is destroyed." ~Abraham Lincoln, American president, 1861-1865 "I
spent thirty-three years in the Marines, most of my time being a high
class muscle man for Big Business, for Wall Street and the bankers.
In short, I was a racketeer for capitalism." ~General Smedley
Butler, former "The modern liberal state ... often uses deception to gain its ends -- not so much deception of the foreign enemy, but of its own citizens, who have been taught to trust their leaders." ~Howard Zinn, historian and author "Does the law permit banks to profit from deceitful and fraudulent practices?" ~Robert Wayne Hopper "Capital must protect itself in every way...Debts must be collected and loans and mortgages foreclosed as soon as possible. When through a process of law the common people have lost their homes, they will be more tractable and more easily governed by the strong arm of the law applied by the central power of leading financiers. People without homes will not quarrel with their leaders. This is well known among our principal men now engaged in forming an imperialism of capitalism to govern the world. By dividing the people we can get them to expend their energies in fighting over questions of no importance to us except as teachers of the common herd." ~Taken from the Civil Servants' Year Book, "The Organizer" January 1934. "I have never seen more Senators express discontent with their jobs....I think the major cause is that, deep down in our hearts, we have been accomplices in doing something terrible and unforgivable to our wonderful country. Deep down in our heart, we know that we have given our children a legacy of bankruptcy. We have defrauded our country to get ourselves elected." ~John Danforth (R- "There is a distinction between a 'debt discharged' and a debt 'paid'. When discharged, the debt still exists though divested of it's charter as a legal obligation during the operation of the discharge, something of the original vitality of the debt continues to exist, which may be transferred, even though the transferee takes it subject to it's disability incident to the discharge." ~Stanek vs. White, 172 Minn.390, 215 N.W. 784 "When you or I write a check there must be sufficient funds in out account to cover the check, but when the Federal Reserve writes a check there is no bank deposit on which that check is drawn. When the Federal Reserve writes a check, it is creating money." ~Putting it simply, Boston Federal Reserve Bank "The [Federal Reserve Act] as it stands seems to me to open the way to a vast inflation of the currency... I do not like to think that any law can be passed that will make it possible to submerge the gold standard in a flood of irredeemable paper currency." ~Henry Cabot Lodge Sr., 1913 "Neither paper currency nor deposits have value as commodities, intrinsically, a 'dollar' bill is just a piece of paper. Deposits are merely book entries." ~Modern Money Mechanics Workbook, Federal Reserve Bank of Chicago, 1975 "The Federal Reserve bank buys government bonds without one penny..." -- Congressman Wright Patman, Congressional Record, Sept 30, 1941 "The
Federal Reserve system pays the "The Federal Reserve bank buys government bonds without one penny..." -- Congressman Wright Patman, Congressional Record, Sept 30, 1941 "We are completely dependant on the commercial banks. Someone has to borrow every dollar we have in circulation, cash or credit. If the banks create ample synthetic money we are prosperous; if not, we starve We are absolutely without a permanent money system.... It is the most important subject intelligent persons can investigate and reflect upon. It is so important that our present civilization may collapse unless it becomes widely understood and the defects remedied very soon." Robert H. Hamphill, Atlanta Federal Reserve Bank "If Congress has the right [it doesn't] to issue paper money [currency], it was given to them to be used by...[the government] and not to be delegated to individuals or corporations" ~President Andrew Jackson, Vetoed Bank Bill of 1836 "I
believe that banking institutions are more dangerous to our liberties
than standing armies. Already they have raised up a monied
aristocracy that has set the government at defiance. The issuing power
(of money) should be taken away from the banks and restored to the
people to whom it properly belongs." ~Thomas Jefferson, "The entire taxing and monetary systems are hereby placed under the U.C.C. (Uniform Commercial Code)" ~The Federal Tax Lien Act of 1966 "The few who understand the system, will either be so interested from it's profits or so dependant on it's favors, that there will be no opposition from that class." ~ Rothschild Brothers of London, 1863 "Most
Americans have no real understanding of the operation of the international
money lenders. The accounts of the Federal Reserve System have never
been audited. It operates outside the control of Congress and manipulates
the credit of the |
