Friday, October 28, 2016

The CAFR Swindle - The Biggest Game In Town

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Maricopa County Has At Least $845 Million In Surpluses of the Taxpayers Money it is not using.
FY 2003 Report Home Page

Maricopa County at the County-level has approximately $845 Million of the taxpayer's money it is not using, i. e. surpluses equal to $3,521 for every man, woman and child in Maricopa County or $14,084 for a family of 4. This does not include all the additional surpluses that exist in the school districts, or cities in Maricopa County.
The Exhibit A below shows the results of the FY 2003 review.
What are these surpluses we refer to?
Government surpluses, as used in this report, are funds that are not required or needed for the operation of all government operations, funds, accounts, agencies, etc., directly or indirectly, for the year(s) covered by the budget which is usually one year. Theoretically, at the end of every fiscal year, governments should have little or no cash/investments on hand. But what we have found is that most governments have huge amounts of cash and investments on hand at the end of the fiscal year. And somehow these cash and investments are not being recycled back through the budget process the next year, but are being held year-after-year.
A Government Can Have a Budget Deficits/Shortfalls and Financial Surpluses At The Same Time.
This is the most deceiving topic that governments, politicians, and the news media have conveyed to the public about governmental financial matters. In realty, a government can simultaneously have a budget shortfall and a financial surplus of the taxpayers' money.
The problems are focused in four areas:
1. The budget only covers a small portion of the County's financial condition. There are a group of funds not part of the budget process. The complete list of funds and budgetary requirements are found in the Comprehensive Annual Financial Report (CAFR). This report depicts the complete financial status of the State. The budget only covers a portion of the financial resources of the government.
A Little Background:
The CAFR usually has four categories.
Governmental Funds
Proprietary Funds
Fiduciary Funds
Component Units
Governmental Funds involve activities of the government including most basic services such as environmental resources, general government, transportation, education, health and human services, and protection of persons and property. Most of the cost of these activities are financed by taxes, fees , and federal grants.
Proprietary Funds are used when a government charges customers for the services it provides, whether to outside customers or to other agencies with the state. For example, Enterprise Funds, a component of proprietary funds, are for activities that provide goods and services to outside (non-government) customers, which includes the general public. Fees, charges for services or goods, assessments, fines, licenses, etc. are the major revenue sources.
Fiduciary Funds are activities in which the state acts as a trustee or fiduciary to hold resources for the benefit of others. These funds are pension trust funds, investment trusts, and agency funds (which are for assets held for distribution by the government as an agent for other governmental units, other organizations, or individuals).
Component Units reportedly are legally separated organizations for which the government is financially accountable. Usually fees, charges for services or goods, assessments, fines, penalties, licenses, etc. are the major revenue source.
The budget, as commonly known to the public, only involves the Governmental Funds and may not even include all of the governmental-type funds. The remainder of the Funds shown above are not part of the budget and are commonly called "off-budget" items.
2. Next year's budget consists only of next year's estimated revenues and next year's estimated expenditures. Previous years' revenues not used (spent) are normally not considered in the next year's budget, but should be. In other words, the previous years' revenues (as shown in the CAFR) are not recycled back to the budget process.
Historically, a budget consists of three parts: 1) Funds brought forward (funds not previously spent); 2) Next year's estimated revenues; and 3) Next year's estimated expenditures.
But somewhere along the way the funds brought forward category was lost. In accounting, the previous years' revenues are no longer called revenue but have been converted to Cash and Investments. Since they no longer called Revenues governments have forgotten about them to the public. They are there but not considered in the budget process, but should be.
3. The budgeted items and non-budgeted items (off budget) should be budgeted to zero (usually referred to as zero-based budgeting). In addition, the government should be on a pay-as-you-go basis, no reserves for future years. What this means is that you budget to have a zero fund balance. If you plan to spend $100 you budget for $100 with no excess or reserve allowed.
For example, in Maricopa County Special Revenue Funds (Governmental Funds), considered part of the budget, have fund balances of $125 million that probably will not be considered in the next year's budget. The total cash and investments, funds that were not used during the current year, was $145 million (surplus) and should be part of the next year's budget. So if next year there is a "budget deficit" ask about these funds not being considered or used.
4. Budgeted expenditures should be last year's expenditures (as shown in the CAFR) with an adjustment for increase in requirements (costed out) or reductions in requirements. In most cases the CAFR expenditures are not considered in the next year's budget because the CAFR in many cases is published after next year's budget is considered and sometimes approved.
Running Surpluses is Stealing
Although taxation is legitimate, running a government surplus isn't. It represents a taking by the state, because it exceeds the government's contract with the community. It is no different than if a federal agency were to take a person's land or possessions without just compensation (an activity barred by the Fifth Amendment). Excess taxation isn't what the people bargained for.
In presuming entitlement or authority not ceded by the community, the state abrogates its moral pact with those it governs. Its power is no longer derived from the people, whose rights to liberty and property it boldly denies.
The County Commissioners
The County Commissioners should include in the next year's budget the previous years revenues not spent as indicated by the CAFR. These were once a revenue and should still be considered revenue for budgetary purposes.
Also, they should consider a zero-balance budget concept for all budget and non-budgetary items in the CAFR including the College and Universities and the Component Units.
Budgeted expenditures (for the budget) should be last year's expenditures (from the CAFR) adjusted for demonstrated requirement changes in project, program or services. An increase in requirements should include the costs of these additional requirements. Conversely, a decrease in requirements should result in a decrease in costs associated with the decreased requirements.
The County Commissioners should take into consideration the entire financial condition/status of the County in the budgetary process by including all of the funds in the CAFR as being a part of the budget.
This system is covered in the CAFR Budget System. This system needs to be implemented in all governments.
If the County holds the excesses/surplus, it will earn 4% to 5% on that money. If the State returns the money to the people it will receive 16% in revenue because of the increased economic activity. This is elementary economics.
Laws need to be changed.
Every thing done by governments is by law. There are laws that state this or that regarding the use of some of the funds. Man made the laws, man can change the laws. How much effort would it be to include at the end of every law "...or if considered excess or not needed for the current operation that the funds will be refunded to the taxpayers?" See how easy it is.
At one time every law had its place, but things change. The laws need to be reviewed for change to meet the current needs of the government and the people to release these funds for use/refunded.
If this were accomplished, the County would have a huge surplus to refund (rebate or tax reductions) to the taxpayers. Such a refund would create considerable wealth and jobs, increase wages, increase County and local government revenues, dramatically increase the economy, and create the greatest economic expansion in the history of the County. Everyone wins.
If you want to know the financial condition of your government(s), do not look at the budget. Get the CAFR.
The Synergistic Magic of Economics.
What happens when the government holds the $845 Million.
(In Thousands) Investment Income Per Capita Family of 4
The government holds and investments the surpluses at 4.5%. 38,005 158 634
Here is what happens when the $845 Million is returned to the taxpayers (the private economy).
(In Thousands) Surplus
Effect Per Capita Family of 4
The surplus is returned to the taxpayers. 844,548 3,521 14,084
Wages are increased. 422,274 1,761 7,042
State government revenues increase. 172,896 721 2,883
County government revenues increase. 138,317 577 2,307
Federal government revenues increase. 345,792 1,442 5,767
Total Benefits... 8,021 32,083
In addition, 17,290 jobs are created. This is why it is disastrous for governments to hold excesses/reserves of the taxpayers money.
Note: The economic impact analysis is further explained at Economic Impact Analysis.
The business community suffers the most.
Before the 9-11 tragedy, President Bush and Congress provided tax rebates which averaged $427 for every American. This was to create an additional $60 billion in consumer (economic) spending, turn the economy around and create jobs for the unemployed. However, 9-11 change that.
As the above economic impact chart shows, if the County returned the $845 Million in surpluses to the people the County economy would grow by $7,208 per capita. That is 17 times the amount the Federal government used to stimulate the U.S. economy. Businesses net incomes could double or triple. This is elementary economics.
The Maricopa Health Care, an Enterprise fund and not part of the budget, made a profit of $6.7 million. It also had reserves (cash and investments) of $18.8 million.
Solid Waste, another Enterprise Fund and not part of the budget, made a profit of $1.5 million. But it also had cash and investment reserves of $448 million and actual expenditures of $15.6 million.
Planning and Development, a Special Revenue Fund and part of the budget, made a profit of $4.6 million. It had reserves of $13.6 million.
County Attorney Drug Diversion, another Special Revenue Fund and part of the budget, had net expenditures of $286 thousand and had cash/investment reserves of $1.3 million. That is 5 years of reserves.
Library Fund, another Special Revenue Fund and part of the budget, had net expenditures of $1.4 million and cash/investment reserves of $7.1 million. That is 5 years of reserves.
These only represent five of the 106 funds shown below that had cash and investment reserves not being used.
What to do?
Unless the budget flaws are corrected and the entire County finances are used in the budget process, the problems that created the surpluses will continue to exist. The budget deficits reported by the County Commissioners will be used year after year for the excuses for tax increases and/or to reduce needed services.
Just stopping a tax increase or a reduction in services will not solve the problems. The problems will come back the next year.
I have provided the details of the surpluses and explained the ways the surpluses are accumulated. The data is accurate because it comes directly from the government's own financial statement, the CAFR. You must provide the where-with-all to convince the County Commissioners that the surpluses exist and what should be done about it. I do not live in Maricopa County. It is not my money.
Exhibit A
The 2003 CAFR is located at:
Items not Included
The following items are not included in the amount of surplus shown:
-Buildings, roads, bridges, land (not for sale), and equipment.
-Deferred compensation plans for employees. These are plans in which the employee contributes to his/her retirement over and above the normal employee retirement contribution.
-Any fund that is 100% supported by donations, bequests, gifts, endowments, etc. These are not taxpayers money.
-For Colleges and Universities. All endowment and similar-type funds should not be included as surpluses. Sometimes these funds are combined with other college/university funds. We are interested in surpluses, so in these cases the total amount should not be included.
-Funds in which the revenues/contributions are 100% held for other individuals, organizations or another government.
-Funds that are required by law in which a bank, financial institution, insurance companies, etc. are required to deposit with the government a certain amount for insurance against the entity going bankrupt. These are not taxpayers' money.
-Retirement/Pension Funds - only included are 1/2 of the actuarially determined excesses, the taxpayers portion. The other 1/2 is the government employees portion.
Review of The Maricopa County CAFR- FY 2003
CAFR Page List of Investments By Fund Surpluses
Governmental Fund Types:
26 General 185,622,744
26 Jail Operations 17,279,590
26 General Obligation 20,899,179
27 Lease Revenue 110,289,390
27 Jail Construction 23,905,991
27 County Improvement 49,866,036
Special Revenue:
104 Accommodation Schools 653,094
104 Adult Probation Grants 973,291
104 Adult Probation Services 3,443,614
104 Animal Control 2,720
104 Animal Control Donations
105 Animal Control Field Services 56,199
105 Animal Control Grants 17,815
105 Bank One Ballpark Operations 4,638,487
105 CDBG Housing Trust
105 Child Support Automation 24,066
105 Child Support Enhancement 191,996
105 Children Issues Education 97,904
106 Clerk of Court EDMS 387,609
106 Clerk of Court Fill The GAP 72,571
106 Clerk of Court Grants
106 Clerk of Court Spousal Maintenance Enforcement 44,235
106 Conciliation Court Special 248,634
107 Correctional Health Grants
107 County Attorney Check Enforcement Program 166,601
107 County Attorney Criminal Justice Enforcement 216,949
107 County Attorney Drug Diversion 1,328,390
107 County Attorney Fill The GAP 1,293,655
107 County Attorney Grants
107 County Attorney Victim Compensation and Assistance 113,515
108 County Attorney Victim Compensation and Restitution 462,926
108 Court Automation 282,405
108 Document Retrieval 243,949
108 Domestic Relations Education 157,472
108 Economic Development 411,631
109 Emergency Management 375,740
109 Environmental Services 2,707,140
109 Environmental Services Environmental Health 1,656,538
109 Environmental Services Grant
109 Expedited Child Support 270,210
109 Flood Control 31,568,467
109 General Government Grants 352,507
110 Housing Department 952,959
110 Human Services Grants 4,047
110 Juror Improvement 67,009
110 Justice Court Enhancement 585,961
110 Justice Court Grants 28,593
111 Justice Court Judicial Enhancement 1,733,055
111 Juvenile Court Grants 972,754
111 Juvenile Probation 944,318
111 Juvenile Probation Diversion Fees 377,006
111 Juvenile Restitution 50,203
111 Law Library 209,593
111 Legal Defender Fill the GAP 7,157
112 Library 7,091,893
112 Library Grants 48,032
112 Old Courthouse 8,680
112 Palo Verde 198,601
112 Parks and Recreation Grants 145,258
113 Parks Donations
113 Parks Enhancement 1,788,987
113 Parks Lake Pleasant 1,533,734
113 Parks Souvenir 25,091
113 Parks Spur Cross Ranch 200,095
113 Planning and Development 13,581,603
113 Planning Project Fees 434,382
114 Probate Programs 127,038
114 Public Defender Fill the GAP 230,232
114 Public Defender Grants
114 Public Defender Training
114 Public Health 3,057,619
115 Public Health Pharmacy 1,249,604
115 Recorder's Surcharge 6,494,249
115 Research and Reporting 128,021
115 RICO 10,449,967
115 Sheriff Donations 22,548
115 Sheriff Grants 840,952
115 Sheriff Inmate Health Services 45,482
116 Sheriff Special Funding 7,361,957
116 Small Schools Service Program 239,705
116 Sports Authority 130,731
116 Stadium District 2,193,918
117 Street Lighting 2,218,694
117 Superior Court Fill the GAP 105,555
117 Superior Court Grants 18,810
117 Superior Court Judicial Enhancement 1,279,876
117 Superior Court Special 1,392,440
117 Taxpayers Information 563,027
118 Transportation 18,009,484
118 Transportation Grants
118 Unorganized Territory Transportation 203,586
118 Victim Location 84,661
119 Waste Tire Program 4,608,394
Debt Service:
119 Special Assessment 293,960
119 Stadium District 7,771,737
Capital Projects:
120 Bank One Ballpark Project Reserve 8,098,207
120 Bond Funds 238,913
120 Flood Control Capital Projects 6,251,674
120 General Fund County Improvement 35,139,067
121 Inter-Governmental Capital Projects 19,219,268
121 Major League Stadium 1,439
121 Transportation Capital Projects 3,003,407
Propriety Fund Types:
32 Maricopa Health Plan 18,800,194
32 Medical Center 8,323,009
32 ALTCS 50,804,780
230 Non-AHCCCS Health Plans 824,206
230 Solid Waste 15,606,030
Internal Service:
236 Equipment Services 53,348
236 Telecommunications 3,418,140
236 Reprographics 659,039
237 Risk Management 27,562,754
237 Employee Benefits Trust 6,943,916
237 Sheriff Warehouse
Fiduciary Fund Type:
Trust and Agency:
246 Investment Trust Funds:
246 Expendable Trust Fund:
Agency Funds:
247 Property Tax Collection
247 Special Purpose 68,681,522
Pension Funds: (1/2 of excess funding requirements) (As of 6/30/02)
Public Safety Personnel Retirement System:
83 Sheriff 10,299,040
83 Investigators 185,821
83 CORP: 9,446,286
Total Surpluses… 844,548,292
Per Capita… 3,521
Family of 4… 14,084
City and county Comprehensive Annual Financial Reports (CAFR) do not always contain information pertaining to services that are provided to other governments. It could be the case here. It is possible that some of the funds provide services to or have agreements with the various cities within Maricopa County. An on-site audit would identify these situations and a cost allocation methodology should be used to distribute a portion of the surpluses shown above to the proper government.

Note: For those familiar with governmental accounting, for surpluses we basically used GFOA Balance Sheet Account Classification Codes 101, 102, 103, 151, 153, and 170.
USAF Image
This report was prepared by:
Gerald R. Klatt
Lieutenant Colonel, USAF, Retired

This report can be copied, reprinted, and/or electronically transmitted to others and/or printed in the news media. This report should not be used for commercial purposes.

Thursday, October 27, 2016

Dealing with arrogant County Recorders

Here’s info from an older booklet about Land Patents. I’ve just pulled out the info on how to MAKE county recorders to record your docs. Basically the Recorder is protected by STATUTE when he refuses to record certain documents. But Constitution TRUMPS statutes (especially when you know how to Prosecute someone under common law, like Karl Lentz teaches), so claiming a violation of your constitutional right could result in winning big $$$ from the insurance company that provides surety bonds for that Recorder. So they’re the ultimate authority who decide whether the Recorder can refuse to record your docs.
Most states have laws that entitle anyone to get CERTIFIED copies of public officials’ SURETY BONDS, and after you get that, the recorder might be more willing to do his job. We also might Accept that bond and appoint them a trustee for your strawman ESTATE.
Furthermore, many States (like California) have laws saying that People of the State are sovereign, so you might tell the Recorder, “Dude, this States recognizes me as a SOVEREIGN, and you think you can refuse to record my documents???”
So the key to this would seem to be 1) demand a certified copy of their SURETY BOND, and 2) Know how to make a claim or complaint under COMMON LAW.
Karl Lentz would tell you that all you have to do is make a CLAIM as a man in court, but I'm not so sure; it'd help a lot I think, if your status was not that of a US person but a State Citizen or Inhabitant. But it worked for these guys without claiming that or going to court, so it might work for other people that way too.
“It took Richard and I four months to force our recorder to record our patents, even after we
showed him in black and white that the law said he had to do it.
The banker’s boys, the attorneys of risk management, kept saying no and finally, when we found the arm twisting surety bond technique, the recorder did capitulate.
That quotient will also jump after I show you how to twist an elected official or bureaucrat’s arm if they happen to refuse to record your patent. You don’t have to go to court to force action. Three sentences from you and a short time period for the person to check with risk management, and you will have your desired action.This action on the surety bond is effective and fast. Or, if you like, you can institute action in court.
Idaho revised code 59-811, custody of official bonds-certified copies given every officer with
whom official bonds are filed must carefully keep and preserve the same and give certified
copies thereof to any person demanding the same, upon being paid the same fees as are allowed by law for certified copies of papers in other cases. (1971)
Every state has similar statutes and they are for the same purpose. They are not to protect the official but to protect the public. Some states, such as Washington state have statutes that are even more stringent.
The revised code of Washington 4217.250 is very much to the point. It delineates our status as
“sovereigns” and “principles” and the officials status as “servant” and “agent”. It doesn’t get any
plainer than that. Knowledge is indeed power and you are powerful. You just may not have known it.
“Public officials are not immune from suit when they transcend their lawful authority by invading
constitutional rights” [American Federation of state, county and municipal employees, AFLCIO
v. Woodward 406 j2d 137 t]
“There is no risk of criminal prosecution where one in good faith challenges an agency” [Casey v.
FTSCA, Wash. 578j2d 793 (1978)]
If your recorder is honest and smart you will have no trouble and he will record your paperwork, the law does not give him the right to make a legal determination of what to file and what not to file. That is the court’s duty. However, if he does question you, ask him (these are the three questions mentioned previously);
(1) to show in your states code what his job is. Point out to him the law (it’s the same in every
state or close enough for government work); if he still does not record your documents, then
(2) demand a copy of his surety bond and
(3) the name of his insurance carrier for that bond
Inform him that it is CYA time (cover your assets) because you intend to file a claim with his insurance company against his bond. A lot of them are duped and don’t know they are being used. At this point he is going to start hollering for risk management (the banker’s boys). This is when risk management usually caves in. Some may be obstinate and continue to fight but eventually they can’t handle the pressure. If risk management gets stubborn you can also file against their surety bond too. When the insurance company, who looks at it dispassionately, tells them that if they continue they will lose and lose big, they capitulate.
You might also inform the recorder of what the consequences are when he loses, which he will do, because the law is on your side, even in their own kangaroo courts. Those consequences are a loss of deductible. If the loss is big enough he loses pension, benefits, and eventually if it goes so far that he is convicted of denying your constitutional right, he loses his job, house and the whole nine yards. Oh yes, you get the house and assets, so it is worth pursuing.
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No. 94-367
on writ of certiorari to the united states court of appeals for the seventh circuit
[April 18, 1995]
Justice Breyer delivered the opinion of the Court.
The Fair Debt Collection Practices Act prohibits "debt collector[s]" from making false or misleading representations and from engaging in various abusive and unfair practices. The Act says, for example, that a "debt collector" may not use violence, obscenity, or repeated annoying phone calls, 15 U.S.C. § 1692d; may not falsely represent "the character, amount, or legal status of any debt," §1692e(2)(A); and may not use various "unfair or unconscionable means to collect or attempt to collect" a consumer debt, §1692f. Among other things, the Act sets out rules that a debt collector must follow for "acquiring location information" about the debtor, §1692b; communicating about the debtor (and the debt) with third parties, §1692c(b); and bringing "[l]egal actions," §1692i. The Act imposes upon "debt collector[s]" who violate its provisions (specifically described) "[c]ivil liability" to those whom they, e.g., harass, mislead, or treat unfairly. §1692k. The Act also authorizes the Federal Trade Commission to enforce its provisions. §1692l(a). The Act's definition of the term "debt collector" includes a person "who regularly collects or attempts to collect, directly or indirectly, debts owed [to] . . . another." §1692a(6). And, it limits "debt" to consumer debt, i.e., debts "arising out of . . . transaction[s]" that "are primarily for personal, family, or household purposes." §1692a(5).
The plaintiff in this case, Darlene Jenkins, borrowed money from the Gainer Bank in order to buy a car. She defaulted on her loan. The bank's law firm then sued Jenkins in state court to recover the balance due. As part of an effort to settle the suit, a lawyer with that law firm, George Heintz, wrote to Jenkins. His letter, in listing the amount she owed under the loan agreement, included $4,173 owed for insurance, bought by the bank because she had not kept the car insured as she had promised to do.
Jenkins then brought this Fair Debt Collection Practices Act suit against Heintz and his firm. She claimed that Heintz's letter violated the Act's prohibitions against trying to collect an amount not "authorized by the agreement creating the debt," §1692f(1), and against making a "false representation of . . . the . . . amount . . . of any debt," §1692e(2)(A). The loan agreement, she conceded, required her to keep the car insured "against loss or damage" and permitted the bank to buy such insurance to protect the car should she fail to do so. App. to Pet. for Cert. 17. But, she said, the $4,137 substitute policy was not the kind of policy the loan agreement had in mind, for it insured the bank not only against "loss or damage" but also against her failure to repay the bank's car loan. Hence, Heintz's "representation" about the "amount" of her "debt" was "false"; amounted to an effort to collect an "amount" not "authorized" by the loan agreement; and thus violated the Act.
Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the District Court dismissed Jenkins's Fair Debt Collection lawsuit for failure to state a claim. The court held the Act does not apply to lawyers engaging in litigation. However, the Court of Appeals for the Seventh Circuit reversed the District Court's judgment, interpreting the Act to apply to litigating lawyers. Jenkins v. Heintz, 25 F. 3d 536 (1994). The Seventh Circuit's view in this respect conflicts with that of the Sixth Circuit. See Green v. Hocking, 9 F. 3d 18 (1993) (per curiam). We granted certiorari to resolve this conflict. 513 U. S. ____ (1994). And, as we have said, we conclude that the Seventh Circuit is correct. The Act does apply to lawyers engaged in litigation.
There are two rather strong reasons for believing that the Act applies to the litigating activities of lawyers.First, the Act defines the "debt collector[s]" to whom it applies as including those who "regularly collec[t] or attemp[t] to collect, directly or indirectly, [consumer] debts owed or due or asserted to be owed or due another." §1692a(6). In ordinary English, a lawyer who regularly tries to obtain payment of consumer debts through legal proceedings is a lawyer who regularly "attempts" to "collect" those consumer debts. See, e.g., Black's Law Dictionary 263 (6th ed. 1990) ("To collect a debt or claim is to obtain payment or liquidation of it, either by personal solicitation or legal proceedings").
Second, in 1977, Congress enacted an earlier version of this statute, which contained an express exemption for lawyers. That exemption said that the term "debt collector" did not include "any attorney at law collecting a debt as an attorney on behalf of and in the name of a client." Pub. L. 95-109, §803(6)(F), 91 Stat. 874, 875. In 1986, however, Congress repealed this exemption in its entirety, Pub. L. 99-361, 100 Stat. 768, without creating a narrower, litigation related, exemption to fill the void. Without more, then, one would think that Congress intended that lawyers be subject to the Act whenever they meet the general "debt collector" definition.
Heintz argues that we should nonetheless read the statute as containing an implied exemption for those debt collecting activities of lawyers that consist of litigating (including, he assumes, settlement efforts). He relies primarily on three arguments.
First, Heintz argues that many of the Act's requirements, if applied directly to litigating activities, will create harmfully anomalous results that Congress simply could not have intended. We address this argument in light of the fact that, when Congress first wrote the Act's substantive provisions, it had for the most part exempted litigating attorneys from the Act's coverage; that, when Congress later repealed the attorney exemption, it did not revisit the wording of these substantive provisions; and that, for these reasons, some awkwardness is understandable. Particularly when read in this light, we find Heintz's argument unconvincing.
Many of Heintz's "anomalies" are not particularly anomalous. For example, the Sixth Circuit pointed to §1692e(5), which forbids a "debt collector" to make any "threat to take action that cannot legally be taken." The court reasoned that, were the Act to apply to litigating activities, this provision automatically would make liable any litigating lawyer who brought, and then lost, a claim against a debtor. Green, supra, at 21. But, the Act says explicitly that a "debt collector" may not be held liable if he "shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error." §1692k(c). Thus, even if we were to assume that the suggested reading of §1692e(5) is correct, we would not find the result so absurd as to warrant implying an exemption for litigating lawyers. In any event, the assumption would seem unnecessary, for we do not see how the fact that a lawsuit turns out ultimately to be unsuccessful could, by itself, make the bringing of it an "action that cannot legally be taken."
The remaining significant "anomalies" similarly depend for their persuasive force upon readings that courts seem unlikely to endorse. For example, Heintz's strongest "anomaly" argument focuses upon the Act's provisions governing "[c]ommunication in connection with debt collection." §1692c. One of those provisions requires a "debt collector" not to "communicate further" with a consumer who "notifies" the "debt collector" that he or she "refuses to pay" or wishes the debt collector to "cease further communication." §1692c(c). In light of this provision, asks Heintz, how can an attorney file a lawsuit against (and thereby communicate with) a nonconsenting consumer or file a motion for summary judgment against that consumer?
We agree with Heintz that it would be odd if the Act empowered a debt owing consumer to stop the "communications" inherent in an ordinary lawsuit and thereby cause an ordinary debt collecting lawsuit to grind to a halt. But, it is not necessary to read §1692c(c) in that way--if only because that provision has exceptions that permit communications "to notify the consumer that the debt collector or creditor may invoke" or "intends to invoke" a "specified remedy" (of a kind "ordinarily invoked by [the] debt collector or creditor"). §§1692c(c)(2), (3). Courts can read these exceptions, plausibly, to imply that they authorize the actual invocation of the remedy that the collector "intends to invoke." The language permits such a reading, for an ordinary court related document does, in fact, "notify" its recipient that the creditor may "invoke" a judicial remedy. Moreover, the interpretation is consistent with the statute's apparent objective of preserving creditors' judicial remedies. We need not authoritatively interpret the Act's conduct regulating provisions now, however. Rather, we rest our conclusions upon the fact that it is easier to read §1692c(c) as containing some such additional, implicit, exception than to believe that Congress intended, silently and implicitly, to create a far broader exception, for all litigating attorneys, from the Act itself.
Second, Heintz points to a statement of Congressman Frank Annunzio, one of the sponsors of the 1986 amendment that removed from the Act the language creating a blanket exemption for lawyers. Representative Annunzio stated that, despite the exemption's removal, the Act still would not apply to lawyers' litigating activities. Representative Annunzio said that the Act
"regulates debt collection, not the practice of law. Congress repealed the attorney exemption to the act, not because of attorney[s'] conduct in the courtroom, but because of their conduct in the backroom. Only collection activities, not legal activities, are covered by the act. . . . The act applies to attorneys when they are collecting debts, not when they are performing tasks of a legal nature. . . . The act only regulates the conduct of debt collectors, it does not prevent creditors, through their attorneys, from pursuing any legal remedies available to them." 132 Cong. Rec. 30842 (1986).
This statement, however, does not persuade us.
For one thing, the plain language of the Act itself says nothing about retaining the exemption in respect to litigation. The line the statement seeks to draw between "legal" activities and "debt collection" activities was not necessarily apparent to those who debated the legislation, for litigating, at first blush, seems simply one way of collecting a debt. For another thing, when Congress considered the Act, other Congressmen expressed fear that repeal would limit lawyers' "ability to contact third parties in order to facilitate settlements" and "could very easily interfere with a client's right to pursue judicial remedies." H. R. Rep. No. 99-405, p. 11 (1985) (dissenting views of Rep. Hiler). They proposed alternative language designed to keep litigation activities outside the Act's scope, but that language was not enacted. Ibid. Further, Congressman Annunzio made his statement not during the legislative process, but after the statute became law. It therefore is not a statement upon which other legislators might have relied in voting for or against the Act, but it simply represents the views of one informed person on an issue about which others may (or may not) have thought differently.
Finally, Heintz points to a "Commentary" on the Act by the Federal Trade Commission's staff. It says:
"Attorneys or law firms that engage in traditional debt collection activities (sending dunning letters, making collection calls to consumers) are covered by the [Act], but those whose practice is limited to legal activities are not covered." Federal Trade Commission--Statements of General Policy or Interpretation Staff Commentary on the Fair Debt Collection Practices Act, 53 Fed. Reg. 50097, 50100 (1988) (emphasis added; footnote omitted).
We cannot give conclusive weight to this statement. The Commentary of which this statement is a part says that it "is not binding on the Commission or the public." Id., at 50101. More importantly, we find nothing either in the Act or elsewhere indicating that Congress intended to authorize the FTC to create this exception from the Act's coverage--an exception that, for the reasons we have set forth above, falls outside the range of reasonable interpretations of the Act's express language. See, e.g., Brown v. Gardner, 513 U. S. ____, ____ (1994) (slip op., at 6-8); see also Fox v. Citicorp Credit Servs., Inc.,15 F. 3d 1507, 1513 (CA9 1994) (FTC staff's statement conflicts with Act's plain language and is therefore not entitled to deference); Scott v.Jones, 964 F. 2d 314, 317 (CA4 1992) (same).
For these reasons, we agree with the Seventh Circuit that the Act applies to attorneys who "regularly" engage in consumer debt collection activity, even when that activity consists of litigation. Its judgment is therefore
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By Jaro.
In her book Vultures in Eagle's clothing, Lynn Meredith listed Counter Demand as one way of challenging the IRS and its demands. It's basically a demand for FULL identification of the person making demands upon you, as well as them identifying their authority to make those demands. I've researched it, and made my own. Here it is:
“The entire taxing and monetary system are hereby, placed under the UCC.” [The Federal Tax Lien Act of 1966]
Internal Revenue Service
P.O. Box 9047, Stop 834 ANSC
Andover, MA 01810-0947 Certified Mail Number: __________________________________
RE: presentments,assessments, claims and notices of levy, addressed to JOHN HENRICK ANDERSON.
Dear Sirs:
I have received from you certain presentments, assessments, claims and notices of levy. I am prepared to respond to them as soon as you provide me with certain information to which I believe I am entitled to under the law. This is a DEMAND for certain information PURSUANT TO UCC 3-501(b)(2).
Provide me with a copy of a contract, compact, agreement or negotiable instrument that you claim makes JOHN HENRICK ANDERSON liable to pay or perform upon your request.
Identify your company, corporation or agency by full name and place and date of birth, such as the date and place of incorporation or the law used to create it.
Provide the authority that makes you a Holder in Due Course, including the name of the original creditor.
“(3)Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms ofthe instrument, an agreement of the parties, or other applicable law or rule.”
You have 14 calendar days from receipt of this counter-demand in which to respond, otherwise I will consider the matter closed and the presentments, assessments and claims VOID AB INITIO. If you do not answer this counter-demand in the time specified, then you have agreed that your presentments are invalid and void, and JOHN HENRICK ANDERSON is under no obligation to regard them as valid. THIS COUNTER DEMAND SHALL BE ENTERED INTO THE OFFICIAL RECORD OF ANY AND ALL PROCEEDINGS ARISING OUT OF THIS MATTER, AND SHALL BE PRESENTED AS EVIDENCE IN A COURT OF LAW.
On land of state of the Union: _____________________________,_______________________ county
Without prejudice. All benefits accepted under protest. All rights reserved.
Executed on this ______ day of ________________,2015
John Henrick Anderson, sui juris,
CURRENT Domicil location:
1602 Main street
San francisco, California republic
United States of America
Cc:Secretary of the Treasury
As you can see, I've never admitted to be the all-caps NAME, so I didn't feel it necessary to sign it as an Authorized Representative, although that is an option. BTW, they usually respond that they will get back to you on this within 90 days.
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Request for note

TO: [Name of lender]
[Address of Lender]
Re: My request for a copy of the Promissory Note
Name: [your name]
Property Address: [address of property subject to mortgage]
Loan Number:
I am the owner of certain real property located at [property address ], which is security for a loan made by [company which issued the loan] to me on [date of the loan] . Please produce for my inspection within ten days the original Promissory Note which I signed on [date note was signed] .
If you have any questions regarding my request, please call me at __[your phone number]_ .
Very truly yours,


12:60 VS. 13:20
It is simple to understand the 12:60 and 13:20 timing frequencies. In the 12:60 frequency people are ruled by the clock and money, the deadening "daily grind" takes precedence over spiritual purpose. In the 12:60 frequency, time is money.
In the 13:20 frequency, time is art. In the 13:20 frequency, people are ruled by their heart, nature and art and guided by dreams and synchronicity. Spiritual cultivation is the number one goal. In the 13:20 frequency synchronicity is the norm. Everything is always in perfect order. Everything is always on time. Everything is always new. Each day is a cosmic unfoldment.
"The essence of the discovery of the timing frequency is a simple one. The 12:60 refers to an unconsciously accepted order of time that is artificial in nature. Twelve refers to the codification of daily time into an irregular and arbitrary calendar of 12 months. Originated in Babylonia, the final historical form of the 12-month system was instituted in 1583 by the Vatican as the Gregorian calendar, which is now accepted as the standard in use world-wide. Sixty refers to the equally arbitrary division of the day into 24 (2 x 12) hours of 60 minutes each. The result of the 12:60 is the creation of a timing frequency whose mental field of consciousness is dominated by mechanization and a third-dimensional science of space-matter. Unconscious acceptance of this 12:60 timing frequency is the single most contributing factor to the problem of human alienation from nature.
"The timing frequency discovery further demonstrates that the division of the solar year into 12 periods or months is an arbitrary one based on divisions of the circle, a construct of the geometry of space, into 12 parts of 30 degrees or days each. From the outset, the stream of civilization originating in Mesopotamia was rooted in space, and what it thought to be time was only a measure of space. The antecedents of the Gregorian calendar find their origin in Egypt and Babylonia, ca 3000 BC, at which time the spatial geometry of the circle arose. The timing of this occurrence in the ancient Middle East corresponds closely to the Mayan timing frequency which describes a 5126-year "great cycle" beginning in 3113 BC and ending in AD 2013."
THE 9 CODE ! And Supreme Mathematics
There are 1,440 minutes in a day add 1+4+4+0= 9
There are 86,400 seconds in a day add it up you get = 9
There are 10,080 minutes in a week = 9
There are 525,600 minutes in a year = 18 but 1+8 = 9
Minutes, Seconds, Days, Weeks, Months and Years will always reduce to = 9
The sum of all digits excluding nine 1 threw 8 is 36 but 3 + 6 = 9
The sum of all digits including nine 1 threw 9 is 45 but 4 + 5 = 9
The nine code is every where and in every thing !
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Add these books to your library.
1. African people in world history by John Henrik Clarke
2. Of water and the spirit by Malidoma Patrice Some
3. The blackwomans guide to understanding the blackman by Shahrazad Ali
4. The blackmans guide to understanding the blackwoman by Shahrazad Ali
5. Black like me by John Howard Griffin
6. The Art of war bySun Tzu
7. The worlds sixteen crucified saviors by Kersey Graves
8. Ancient Future by Wayne Chandler
9. The Isis Papers by Dr Frances Cress Welsing
10. The Mis Education of the Negro by Carter G. Woodson
11. How to eat to live by Elijah Muhammad
12. The Moors in Spain by Stanley Lane Poole
13. Nature Knows no Color Line by J.A. Rogers
14. Message to the blackman in America by Elijah Muhammad
15. The Theology of Time by Elijah Muhammad
16. The Iceman Inheritance by Michael Bradley
17. The Historical Origin of Islam by Dr Walter Williams
18. The Historical Origin of Christianity by Dr Walter Williams
19. From Adjoa to Zahara by Julia Stewart
20. Seize the Time by Bobby Seale
21. Noble Drew Ali the exhuming of a nation by Elihu N. Pleasant Bey.

Tuesday, October 25, 2016

Notice of Understanding and Intent And Claim of Right.


Notice of Understanding and Intent And Claim of Right.

Whereas it is my understanding the United States of America is a common law jurisdiction, and,
Whereas it is my understanding equality before the law is paramount and mandatory, and,
Whereas it is my understanding a statute is defined as a legislated rule of society which has been given the force of law, and,
Whereas it is my understanding 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 the only form of government recognized as lawful in the United States of America is a representative one, and,
Whereas it is my understanding representation requires mutual consent, and
PRINT YOUR NAME,________________________________________________
SIGN YOUR NAME__________________________________________________
Whereas it is my understanding that in the absence of mutual consent neither representation nor governance can exist, and,
Whereas it is my understanding all Acts are statutes restricted in scope and applicability by the Constitution and/or 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 those who have a SIN (Social Insurance Number) are in fact employees of the federal government and thus are bound by the statutes created by the federal government, and,
Whereas it is my understanding that it is lawful to abandon one’s SIN, and,
Whereas it is my understanding people in the United States of America have a right to revoke or deny consent to be represented and thus governed, and,
Whereas it is my understanding if anyone does revoke or deny consent they exist free of government control and statutory restraints, and,
As a secured party and acting in private and in honor I have to ask if you or your employers
asking me a living man to give you property belonging to someone else, in this case
the Federal Reserve Bank, if so PRINT YOUR NAME HERE________________________________
SIGN YOUR NAME HERE____________________________________________________________
Whereas a Free living man-on-the-Land has lawfully revoked consent and does exist free of statutory restrictions, obligations, and limitations, and,
Whereas I, _________________________________________ am a Living Free living man-on-the-Land, and,
Whereas it is my understanding that acting peacefully within community standards does not breach the peace, and,
Whereas it is my understanding that any action for which one can apply for and receive a license must itself be a fundamentally lawful action, and,
Whereas as I am a Free living man-on-the-Land who operates with full responsibility and not a child, 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 a by-law is defined as a rule of a corporation, and,
Whereas it is my understanding corporations are legal fictions and require contracts in order to claim authority or control over other parties, and,
If a living man or living woman need permission to travel upon the land referred to as The United States of America please indicate.
Print your name here_______________________________________________________________
Sign your name here________________________________________________________________
Please use the self addressed stamped envelope to return this filled out and signed document
along with all requested attachments as your proof of an existing debt
Whereas it is my understanding legal fictions lack a soul and cannot exert any 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,
Please provide proof of any valid two party contract with signatures which compels me a living man to give Linebarger Goggan Blair & Sampson, LLP any real monies in the form of Silver Or Gold for the alleged debt of $887.60
PLEASE PRINT YOUR NAME HERE_________________________________________________
PLEASE SIGN YOUR NAME HERE__________________________________________________
Whereas I claim the right to collect a pension if I have paid into it and claim that said right is not affected if I abandon my Social Insurance Number, and,
Whereas it is my understanding that a summons is merely an invitation to attend and that they create no obligation or dishonor if ignored, and,
Whereas it is my understanding peace officers have a duty to distinguish between statutes and law and those who attempt to enforce statutes against a Freeman-on-the-Land are in fact breaking the law, and,
Whereas I have the power to refuse intercourse or interaction with peace officers who have not observed me breach the peace, and,
Whereas permanent estoppel by acquiescence barring any peace officer or prosecutor from bringing charges against a Free living man-on-the-Land under any Act is created if this claim is not responded to in the stated fashion and time,
Therefore be it now known to any and all concerned and affected parties, that I,_____________________ _______________________ a Free living man-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 .
Furthermore, I claim that these actions are not outside my communities’ standards and will in fact support said community in our desire for truth and maximum freedom.
Furthermore, I claim the right to engage in these actions and further claim that all property held by me is held under a claim of right.
Furthermore, I claim that anyone who interferes with my lawful activities after having been served notice of this claim and who fails to properly dispute or make lawful counterclaim is breaking the law, cannot claim good faith or color of right and that such transgressions will be dealt with in a properly convened court de jure.
Furthermore, I claim that the courts of the United States of America are de-facto and are in fact in the profitable business of conducting, witnessing and facilitating the transactions of security interests and I further claim they require the consent of both parties prior to providing any such services.
Furthermore I claim the right to lawfully:
1. Exercise my “common law right to travel”, unhindered, unencumbered at my discretion in my private conveyance of the day, to wit, my private, unregistered, unlicensed automobile.
2. Exercise my human right to travel.
3. Exercise my “common law right” to refuse to obtain by submission; any application for any government issued license, permit or seek permission to perform any fundamentally lawful action or, enter into any government contract under duress, threat and/or intimidation which would involve committing an act of fraud and/or theft, or any other crime, by way of deception by “I” and/or any involved government principal, employee or agent, (in compliance with my Common Law Rights, etc.).
4. Exercise my right to possess unregistered, unlicensed firearms and ammunition and to use the same for target practice at a range or hunting for food and further swear under oath never to open fire on another human being unless as a last resort to protect human life.
I claim that pursuant to any action by any government and/or any principal, member, employee, agent, servant, person thereof in Right of the United States of America, a province, or municipality:
“I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally and I do not accept the liability of the compelled benefit of any contract or commercial agreement not revealed to myself, which are my rights pursuant to Common Law”.
Furthermore, I claim the right to engage in these actions and further claim that all property held by me under common law being; any and all intellectual property, real estate, trade tools, private automobile(s) and contents, firearms and ammunition, potted plants; contents at my private dwelling are held under claim of right.
Furthermore, I claim that the intentional blurring of the lines with smoke and mirrors, deception, outright lies and too numerous to mention false claims as to the well settled division, between the Crown created legal entity known as the “PERSON” and the flesh and blood creation of the Creator known as a “man”, is nothing short of theft, fraud, breach of trust and forced slavery, a heinous criminal activity of the most odious form.If you clearly understand this point please
PRINT YOUR NAME HERE_______________________________________________________
SIGN YOUR NAME HERE________________________________________________________
Furthermore, I claim that “all persons, acting as, governments, principals, employees, agents and justice system participants claiming, “retained legal counsel” have, by virtue of their own and/or their principals actions, claimed “total incompetence”, in handling any of their own affairs in law and have become an instant ward of the court, hence, they are imprisoned by their own actions in hand or lack thereof.
PLEASE BE ADVISED I FURTHER RESERVE THE RIGHT TO MAKE THIS CLAIM PUBLIC NOTICE TO THE FOLLOWING AGENCIES: Office of the Governor of the State of Florida, Office of Risk Management, The Department of Financial Services, office of the Federal Bureau of Investigations Office of Internal Affairs and the National Bar Association.
Furthermore, I claim that due to the self evident facts in truth at hand, that all persons, the Crown, governments, principals, employees, agents and justice system participants claiming limited liability or immunity are doing so under the pretense of being in fact deemed totally incompetent and under law made instant wards of the Crown and/or court and therefore, cannot claim good faith or color of right over anyone who is thus blessed as being a competent heir.
Furthermore, I claim that, “Ignorance of the Law” is not a lawful or legal claim when used by the Crown, government principals, employees, agents and justice system participants at any and all levels to my harm or detriment, especially by those claiming limited liability.
Furthermore, I claim all transactions of security interests require the consent of both parties and I do hereby deny consent to any transaction of a security interest issuing under any Act for as herein stated as a Freeman-on-the-Land I am not subject to any Act.
Furthermore, I claim my FEE SCHEDULE for any transgressions by peace officers, government principals or agents or justice system participants is TWO HUNDRED DOLLARS PER HOUR or portion thereof if being questioned, interrogated or in any way detained, harassed or otherwise regulated and TWO THOUSAND DOLLARS PER HOUR or portion thereof if I am handcuffed, transported, incarcerated or subjected to any adjudication process without my express written and Notarized consent. Signed______________________________________________________________
Furthermore, I claim the right to use a Notary Public to secure payment of the aforementioned FEE SCHEDULE against any transgressors who by their actions or omissions harm me or my interests, directly or by proxy in any way.
Furthermore, I claim the right to convene a proper court de jure in order to address any potentially criminal actions of any peace officers, government principals or agents or justice system participants who having been served notice of this claim fail to dispute or discuss or make lawful counterclaim and then interfere by act or omission with the lawful exercise of properly claimed and established rights and freedoms.
Furthermore, I claim the law of agent and principal applies and that service upon one is service upon both.
Furthermore, I claim the right to deal with any counterclaims or disputes publicly and in an open forum using discussion and negotiation and to capture on video tape said discussion and negotiation for whatever lawful purpose as I see fit.
Affected parties wishing to dispute the claims made herein or make their own counterclaims must respond appropriately within TEN (10) days of service of notice of this action. Responses must be under Oath or attestation, upon full commercial liability and penalty of perjury and registered in the Notary Office herein provided no later than ten days from the date of original service as attested to by way of certificate of service.
Failure to register a dispute against the claims made herein will result in an automatic default judgment and permanent and irrevocable estoppels by acquiescence barring the bringing of charges under any statute or Act against My Self Free living man-on-the-Land ______________________________
Place of claim of right: The United States of America
Dated: _________________________

Claimant: ________________________________ (a living man)
Notary Public: ____________________________
NOTE: Use of a Notary is for attestation and verification purposes only and does not constitute a change in status or entrance or acceptance of foreign jurisdiction.

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Tarhaka Moorish American Group.
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Moorish American Men and Women.
Moorish American Men
Major Wealth Building Network 2
Major Wealth Building Network

Add these books to your library.

1. African people in world history by John Henrik Clarke
2. Of water and the spirit by Malidoma Patrice Some
3. The blackwomans guide to understanding the blackman by Shahrazad Ali
4. The blackmans guide to understanding the blackwoman by Shahrazad Ali
5. Black like me by John Howard Griffin
6. The Art of war bySun Tzu
7. The worlds sixteen crucified saviors by Kersey Graves
8. Ancient Future by Wayne Chandler
9. The Isis Papers by Dr Frances Cress Welsing
10. The Mis Education of the Negro by Carter G. Woodson
11. How to eat to live by Elijah Muhammad
12. The Moors in Spain by Stanley Lane Poole
13. Nature Knows no Color Line by J.A. Rogers
14. Message to the blackman in America by Elijah Muhammad
15. The Theology of Time by Elijah Muhammad
16. The Iceman Inheritance by Michael Bradley
17. The Historical Origin of Islam by Dr Walter Williams
18. The Historical Origin of Christianity by Dr Walter Williams
19. From Adjoa to Zahara by Julia Stewart
20. Seize the Time by Bobby Seale
21. Noble Drew Ali the exhuming of a nation by Elihu N. Pleasant Bey.