PatrickPretty.com

Tag: Freemen

  • FOR COURT PERSONNEL, ATTORNEYS, INVESTIGATORS: Alberta Judge Analyzes Bizarre Filings By ‘Sovereign Citizens,’ Others; Divorce Case Leads To Extraordinary Dissection Of Various Schemes And Introduces New Term: ‘Organized Pseudolegal Commercial Argument’ (OPCA)

    From time to time over the years, readers have commented that some of the stories published by the PP Blog read like fiction. Did AdSurfDaily Ponzi schemer Andy Bowdoin, for example, really compare the U.S. Secret Service to “Satan” and the 9/11 terrorists?

    The answer is yes. But if the answer weren’t disturbing enough, any number of Bowdoin’s apologists were more than pleased to help the recidivist con man spread his reality-distortion field on the Internet. By the time it was over, purported “sovereign citizen” Kenneth Wayne Leaming was filing false liens against a federal judge, three federal prosecutors and a Secret Service agent who’d had roles in the ASD case, according to the FBI.

    The Blog itself has pointed out that various “defenders” of various bizarre schemes have woven impossible tales — tales that wouldn’t sell as fiction because they require the suspension of too much disbelief.

    If you’re a reporter, you haven’t lived until you’ve been invited to a ribbon-cutting ceremony conducted by the nonexistent “prince” of a nonexistent undersea nation that purportedly sells driver’s licenses for $140.

    Never in human history has fractured thinking been packaged and sold at the scale provided by the Internet. Law enforcement and the courts are facing unprecedented challenges as various litigants and, in some cases, their customers, seek to undermine the authority of judges, prosecutors and police.

    In what the PP Blog believes to be one of the most important pieces of judicial reasoning published in 2012, an Alberta judge overseeing a divorce case and encountering bizarre posturing by one of the parties appears to have coined a new term: “Organized Pseudolegal Commercial Argument” or OPCA for short.

    Court of Queen’s Bench Associate Chief Justice John Rooke used the divorce case as a springboard to discuss some of the bizarre litigation now occurring in Canada and the United States — theories advanced by “sovereign citizens,” for instance. Highlighted below are snippets from the judge’s issuance of a “Reasons for the Decision.” (Bolding added by PP Blog.)

    “These Reasons in many instances identify reported caselaw that comments on OPCA litigants, OPCA gurus, and their misconduct. It should be understood that the reported caselaw is the proverbial tip of the iceberg. The vast majority of encounters between this Court and OPCA litigants are not reported.

    These litigants and their schemes have been encountered in almost all areas of law. They appear in chambers, in criminal proceedings, initiate civil litigation based on illusionary OPCA rights, attempt to evade court and state authority with procedural and defencebased schemes, and interfere with unrelated matters.

    OPCA strategies as brought before this Court have proven disruptive, inflict unnecessary expenses on other parties, and are ultimately harmful to the persons who appear in court and attempt to invoke these vexatious strategies. Because of the nonsense they argue, OPCA litigants are invariably unsuccessful and their positions dismissed, typically without written reasons. Nevertheless, their litigation abuse continues. The growing volume of this kind of vexatious litigation is a reason why these Reasons suggest a strong response to curb this misconduct.”  — Queen’s Bench Associate Chief Justice John Rooke, Sept. 18, 2012

    Did you know that American Uniform Commercial Code (UCC) schemes advanced by vexatious litigants have made their way into Canada?

    And did you know that some individuals advancing such schemes do not seem to understand they are quoting codes and law to Canadian judges that apply only in America?

    Not only do the codes and law not only not apply under Canadian law, they misinterpret the meaning and application of American law.

    But it gets stranger than that: Dennis Larry Meads is a party to the divorce case filed in Alberta and referenced above. To say the case has served up a symphony of the bizzare would be an understatement.

    Meads, for instance, allegedly has instructed Rooke “and the Bank of Canada to use a secret bank account, with the same number as his social insurance number or birth certificate, to pay all his child and spousal support obligations, and provide him $100 billion in precious metals. Mr. Meads has also purported to create various contractual obligations for those who might interact with him, or who write or speak his name.”

    The case has prompted Rooke to dissect some very strange events taking place in Canadian and U.S. courts.

    Theses cases, according to the judge, “often fall into the following descriptions: Detaxers; Freemen or Freemen-on-the-Land; Sovereign Men or Sovereign Citizens; Church of the Ecumenical Redemption International (CERI); Moorish Law; and other labels.”

    At one point in the divorce proceeding, Meads attempted to give an envelope to the judge, but the judge refused, explaining “I refused the envelope, and noted that if the envelope was abandoned then I would put those materials in the garbage. I reassured Mr. Meads that I will apply the laws of Alberta and Canada, and that while he is in Court, he will follow the Court’s rules.

    Mr. Meads’ reply was that was “unacceptable,” and he claimed that the “UCC” is “universal law,” according to the judge.

    As the proceeding continued, according to the judge, Meads accused the court of “enticing me into slavery.”

    Meads went on to insist that “the Bible is the ‘Maximus of Law’” before leaving the courtroom.

    Read the judge’s reasoning and dissection of strange courtroom events in multiple cases.

  • Government Sues Washington State Man Once Imprisoned For Possessing Explosive Device; John Lloyd Kirk Now Accused Of Pushing ‘Redemption’ Tax Scam; Anti-Defamation League’s Brief On Kirk Is On Same Webpage As Brief On AdSurfDaily Figure Kenneth Wayne Leaming

    A Washington state man sentenced in the 1990s to 46 months in federal prison for possessing a pipe bomb now has become the subject of a tax investigation.

    A civil case filed Thursday in Seattle against John Lloyd Kirk accuses him of pushing a “redemption” tax scheme. At least 31 of Kirk’s customers sought fraudulent tax refunds totaling about $8 million, the Justice Department said.

    Kirk, 70, of Des Moines, Wash., has been identified by the Anti-Defamation League (ADL) as a “sovereign citizen” and member of an extremist group known as the “Little Shell Pembina Band.”

    Kenneth Wayne Leaming, an emerging figure in the AdSurfDaily Ponzi scheme story, also has been identified by ADL as a sovereign citizen and member of the Little Shell Pembina Band. Leaming lists an address in Spanaway, Wash. In 2010, he sought unsuccessfully to sue the United States for the apparent sum of more than $29 TRILLION for its actions in the ASD case. The sum sought in the lawsuit was more than twice the U.S. Gross Domestic Product in 2009.

    ASD President Andy Bowdoin was indicted last year on charges of wire fraud, securities fraud and selling unregistered securities. ASD is known to have sovereign citizens and tax-deniers in its ranks, and Bowdoin was accused of operating a Ponzi scheme that gathered at least $110 million.

    Leaming’s history also includes the filing of bogus liens against government officials and a Franciscan hospital in Washington state, according to records. Like Kirk, he has purported to practice tribal law.

    An ADL website publishes brief profiles of both Leaming and Kirk on the same page.

    The Justice Department’s lawsuit against Kirk does not reference ASD. Kirk was accused of hatching a redemption scheme individually and through two entities: Indian Nations Advocate Law Office and The Kirk of Yahh Hava.

    “Kirk purports to be a member of good standing of the Tulalip Tribal Bar and allowed to
    practice law before its tribal court although he is not an attorney,” the Justice Department alleged.

    In a redemption scheme, customers typically are told that the government maintains “secret” accounts for U.S. citizens and that the accounts contain vast sums of money that can be accessed and used to retire debts. Another form of the redemption theory holds that individuals can “draw” on their secret accounts with the U.S. Treasury to pay their tax bills and qualify for spectacular refunds.

    “Kirk’s scheme is part of a ongoing trend amongst tax protestors to file frivolous tax returns and Forms 1099-OID (or to claim false OID income) with the IRS and courts in an attempt to escape their federal tax obligations and steal from the U.S. Treasury,” the Justice Department said.

    “At his 1099 OID seminars, Kirk advises his customers that they can draw on a secret account with the United States Treasury to pay their debts,” the Justice Department alleged. “He further advises his customers to file bogus tax returns with fraudulent Forms 1099-OID to draw on this secret account that the Treasury supposedly maintains for each person. Accordingly, he advises his customers to file false Forms 1099-OID and tax returns seeking tax refunds for amounts equal to the amounts of their mortgages, car loans, credit card debts, and other debts as well as any interest incurred on those obligations.”

    Kirk advised one of his customers to file fraudulent paperwork to receive a tax refund of more than $130,000. In another case, a customer of Kirk’s received a fraudulent refund of more than $700,000. At least 31 Kirk customers filed for fraudulent refunds totaling approximately $8 million, the Justice Department said.

    The National Consortium for the Study of Terrorism and Responses to Terrorism (START), a terrorism research group based at the University of Maryland, identified Kirk as a member of the Washington state “Freemen.” ADL, meanwhile, reported that Kirk was a friend of infamous Montana Freeman LeRoy Schweitzer.