1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I, Ronald Lee Brekke, 3rd Party Intervenor, Secured Party / Creditor, hereinafter, Affiant and paramount Security interest

holder in all property and collateral registered and unregistered and held in the Trust Account of RONALD LEE BREKKE 471-701235, by way of a Security Agreement, evidence of which is recorded on a State of California UCC Financing Statement, (SEE EXHIBIT A) am competent to state to the matters included in this Affidavit, have personal knowledge of the facts based on
AFFIDAVIT OF TRUTH Page 1 of 36

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

UNITED STATES OF AMERICA, Bankrupt legal fiction Plaintiff in Error, v. RONALD L. BREKKE Defendant, __________________________

) ) ) ) ) ) ) )

CASE NO. CR10 0328 JCC

AFFIDAVIT OF TRUTH AND FACTS

Ronald Lee Brekke, Secured Party 3rd Party Intervenor

) )

AFFIDAVIT OF TRUTH AND FACTS

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personal experience and/or research, and declare that the statements made herein, are factual and correct to the best of my knowledge, information and belief, and not meant to mislead. I am a Living Sentient Being. The Flesh lives and the blood flows. I humbly seek Remedy.

1- Affiant is an immortal living soul created in the image of God. Here as one of the live flesh and blood people. A trinity of mind, body and spirit; tribunal of the court of record of the final jurisdiction of my sovereign estate. Affiant was born a child of God and Affiant is living as a man of peace. A Notary public has witnessed Affiants existence and status as a man and has placed their seal below. As a man Affiant has dominion over the earth and Affiant is not subject to the codified laws of this civil society, for codified laws only apply to legal PERSONS; 26 USC 7701. Definitions (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof (1) Person The term person shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.

26 USC 6671. Rules for application of assessable penalties (b) Person defined The term person, as used in this subchapter, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs;

2- Affiant has seen no law that allows a court, prosecutor, agent or the like to force the status of (legal) person or taxpayer upon Affiant and believes none exists;
AFFIDAVIT OF TRUTH Page 2 of 36

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Federal Statutes Title 28, 28 USC Part VI, chapter 151, section 2201 removes the authority of Federal Courts to declare the status of taxpayer on a Sovereign American of the United States of America.. Cite: CIR v. Trustees of L. Inv. Assn, 100 F. 2nd 18 (1939). 3- Affiant has seen no evidence that Affiant has ever resided in or been domiciled in the District of Columbia, or been employed by an employer residing in the District of Columbia, or declared my person to be a Statutory citizen of the United States and believes none exists; 4- Affiant has seen no evidence that Affiant has ever had any income connected with a trade or business in the United States , as defined in 26 CFR 1.864-2 and codified as Title 28, Part IV, chapter 97, section 1602 and believes none exists; 26 USC 3121. Definitions (e) State, United States, and citizen For purposes of this chapter (1) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (2) United States The term United States when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States. The IRC parts 7701 (a)(9) and 7701 (a)(10) define the United States as the District of Columbia.

5- Affiant has seen no evidence that the ENS LEGIS, PERSON is not a state created artificial entity, aka CORPORATE LEGAL FICTION, aka STRAWMAN, aka TRANSMITTING UTILITY, aka INDIVIDUAL, aka TAXPAYER, aka TRUST aka
AFFIDAVIT OF TRUTH Page 3 of 36

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DEBTOR and believes none exists; 6- Affiant has seen no evidence of a current valid oath of office of the prosecuting attorneys or judge on this case and believes none exists; 7- Affiant has seen no evidence of a provision, code, statute, regulation, etc. allowing US District Attorneys to not include their BAR number on pleadings they sign without which they would be guilty of impersonating a public official and deprivation of public services and believes none exists; PUBLIC HAZARD BONDING OF CORPORATE AGENTS - All officials are required by federal, state, and municipal law to provide the name, address and telephone number of their public hazard and malpractice bonding company and the policy number of the bond and, if required, a copy of the policy describing the bonding coverage of their specific job performance. Failure to provide this information constitutes corporate and limited liability insurance fraud (15 USC) and is prim-a-facie evidence and grounds to impose a lien upon the official personally to secure their public oath and service of office. 8- Affiant has seen no evidence of the documentation of authority whereby Congress granted permission for a US DISTRICT ATTORNEY to represent any other legal fiction than the UNITED STATES and believes none exists; A) On December 18, 1998, attorney Michael Bufkin of Dundee, Illinois sent a Freedom of Information Act request to the Internal Revenue Service asking for documentation of authority for the Department of Justice to defend IRS personnel in civil litigation and/or criminal prosecution. On August 2, 1999, Leslie Hayward, a Disclosure Program Assistant in the IRS national office, answered Bufkin as follows: "A search was performed with the Office of Tax Crimes (Criminal Investigation) and with the Assistant Chief Counsel (Disclosure Litigation) and we have no documents responsive to your request. However, you may forward a copy of your request to the U.S. Attorney
AFFIDAVIT OF TRUTH Page 4 of 36

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1

General's Office within the Department of Justice." B) In September, Bufkin sent the request to the Department of Justice, then on January 11, 2000, Thomas J. McIntyre, Chief of the Department of Justice Freedom of Information/Privacy Act Unit, made the following response: "We have conducted a search of the appropriate indices to Criminal Division records and did not locate any records responsive to your request."1 Conclusion: US District Attorneys lack authority to prosecute or defend any other entity than the UNITED STATES; 9- Affiant has seen no evidence of a chain of delegation of duly constituted lawful authority for any of the US attorneys on said case, or any of the judges or magistrates on said case, to hold his or her office and how that specifically applies to Affiant, the live flesh and blood man, and believes none exists; 10- Affiant has seen no evidence of an original Admiralty maritime contract or commercial agreement bearing Affiants wet ink signature, between Affiant and the UNITED STATES OF AMERICA, or UNITED STATES, or DEPARTMENT OF THE TREASURY, or INTERNAL REVENUE SERVICE that would bind Affiant to terms and conditions of said contract and believes none exists; 11- Affiant has seen no evidence of any Admiralty maritime contract or commercial agreement bearing Affiants wet ink signature which Affiant has with UNITED STATES OF AMERICA, or UNITED STATES, or DEPARTMENT OF THE TREASURY, or INTERNAL REVENUE SERVICE or any agency or instrumentality thereof and believes none exists; 12- Affiant has seen no evidence that unless the PLAINTIFF or PLAINTIFFS agent(s) come forth with an Admiralty maritime contract or commercial agreement between Affiant and UNITED STATES OF AMERICA, or UNITED STATES, or

DEPARTMENT OF THE TREASURY, or INTERNAL REVENUE SERVICE, bearing Affiants wet ink signature, within twenty one (21) days of the filing of this Affidavit,
http://www.svpvril.com/irs_dm_bc.html

AFFIDAVIT OF TRUTH Page 5 of 36

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that UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE and all agents and principals thereof including, but not limited to, US District Attorneys, agree that no such Admiralty maritime contract or commercial agreement exists; 13- Affiant has seen no evidence that all (alleged) offenses against revenue laws, pursuant to 27 CFR 72.11, are commercial crimes and believes none exists; 14- Commercial discharge 15- Affiant has seen no evidence that Affiant was not denied due process, when the Grand Jury failed to contact Affiant and invite Affiant to testify after Affiant sent registered mail to Grand Jury foreman stating Affiant has exculpatory evidence to present and believes none exists; 16- Affiant has seen no evidence that jurisdiction can be legally or lawfully obtained by threat, duress, coercion, intimidation or fear and believes none exists; 17- Affiant has seen no evidence that this court has jurisdiction over Affiant, over subject matter, over territory or by legislative means and believes none exists: A) When the absence of subject-matter jurisdiction is noticed by, or pointed out to, the trial court, that court has no jurisdiction to entertain further motions or pleadings in the case. It can do nothing but dismiss the action forthwith. "Any other action taken by a court lacking subject matter jurisdiction is null and void." Rainbow Drive, 740 So. 2d at 1029 (quoting Beach v. Director of Revenue, 934 S.W.2d 315, 318 (Mo. Ct. App. 1996)). B) "As a general principal, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real interest in the ultimate adjudication because he or she has either suffered or is about to suffer an injury." People v. Superior Court, 126 Cal.Rptr.2d 793. C) "A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance." Rescue Army v.
AFFIDAVIT OF TRUTH Page 6 of 36

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Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409. D) There are no Judicial courts in America and there has not been since 1789. Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. There have not been any Judges in America since 1789. There have just been Administrators. (FRC v. GE 281 US 464, Keller v. PE 261 US 428, 1 Stat. 138-178); E) The administrative procedures act of 1946, 60 stat 237, 5 USC and the Attorney Generals Manual shows Affiant has to be the Plaintiff in the courtroom, i.e. Affiant has to be the one who brings the charges. Conclusion: this court has no jurisdiction either judicially or administratively. 18- Affiant has seen no evidence that there is a justiciable controversy in this matter and believes none exists; 19- Affiant has seen no evidence that PLAINTIFF exists (where is the evidence of incorporation? Where is PLAINTIFF registered to do business?) and believes none exists; A) The United States was incorporated on February 21, 1871, (16 Stat. 419, Chap. 62, 41st Congress, 3rd Session), the purpose being An Act to provide a Government for the District of Columbia, reorganized June 8, 1878, (20 Stat. 102, Chap 180, 45th Congress, 2nd Session) as An Act providing a permanent form of government for the District of Columbia. aka U.S., Inc. a commercial agency originally designated as

WASHINGTON D.C. in accordance with the 14th Amendment which records indicate was never ratified.2 B) Since the Act of 1871 which established the District of Columbia, we have been living under the UNITED STATES CORPORATION which is owned

http://www.arkenterprises.com/dialch264.html

AFFIDAVIT OF TRUTH Page 7 of 36

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3

by certain international bankers and aristocracy of Europe and Britain.3 C) The United States Government is a Foreign Corporation with respect to the state. 19 Corpus Juris Secundum 541 D) USC 28 Sect 3002, No. 15(a) United States means - a Federal Corporation; E) Uniform Commercial Code, UCC9-307(h) states Location of United States. The United States is located in the District of Columbia. F) Governments are corporations. Penhallow vs. Doanes Administrators, U.S. Supreme Court, (1795). G) Corporations are commercial enterprises that are controlled by the Uniform Commercial Code. H) The UNITED STATES Isnt a Country Its a Corporation!4 I) Statutes creating corporations are private law 20 Am jur 35, p. 60. J) Therefore the Federal Reserve Act is private law. 20- Standing consists of two absolutely essential elements: 1) violation of a legal right, and 2) personal injury; The requirement of standing, however, has a core component derived directly from the Constitution. A plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief. Allen v. Wright, 468 U.S. 737, 751 (1984) 21- Affiant has seen no evidence that the UNITED STATES has suffered a personal injury, or as a bankrupt legal fiction, has standing to sue or be sued and believes none exists; 22- Affiant has seen no evidence that the Federal Tax Lien Act of 1966 did not move the entire taxation and monetary system under the UNIFORM COMMERCIAL CODE
The united states Of America is a corporation owned by foreign interests September 21, 2008

Posted by spiritualphilantropy in Analysis, News in English. trackback

4

Lisa Guliani, www.babelmagazine.com

AFFIDAVIT OF TRUTH Page 8 of 36

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(UCC) and believes none exists; 23- According to UCC 3-102(c) the Board of Governors of the Federal Reserve System govern the UCC; UCC 3-102. SUBJECT MATTER.

(c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this Article to the extent of the inconsistency.

24- Affiant has seen no evidence that the FEDERAL RESERVE BANKS, BOARD OF GOVERNORS OF THE FEDERAL RESERVE BANK, or the FEDERAL RESERVE BANK SYSTEM are part of, or Agencys of, the Federal Government and believes none exists; 25- Affiant has seen no evidence that a private non-government banking cartel called the FEDERAL RESERVE BANK SYSTEM does not govern all commerce and trade in America, not the Federal Government and believes none exists; 26- Affiant has seen no evidence that the FEDERAL RESERVE BANKS are not an illegal monopoly and are not a private cartel that have usurped the authority of Congress to coin money and believes none exists; Pursuant to the Constitution for the united States of America, Article I, section 8, we find that only Congress was given the authority To coin money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures. 27- Affiant has seen no evidence that the FEDERAL RESERVE ACT of 1913 is not private law and believes none exists; 28- Affiant has seen no evidence that Title 26 of the UNITED STATES CODE has ever been enacted into positive law and believes none exists. 29- Affiant has seen no evidence that 26 USC is not the private law of a group of International bankers, owners of the FEDERAL RESERVE BANK SYSTEM who use the INTERNAL REVENUE SERVICE to run their fraudulent money laundering
AFFIDAVIT OF TRUTH Page 9 of 36

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scheme to steal the wealth, assets and labor energy of the American people for their own self-serving ends and believes none exists; 30- Affiant has seen no evidence that the INTERNAL REVENUE SERVICE is an agency of the Federal Government and believes none exists; 31- Affiant has seen no evidence that the GRACE COMMISSION report put forth by Peter Grace during RONALD REAGANS Administration in the 1980s did not find that even one dime of Federal income tax collected goes to pay for anything in America, not road construction or repair, not utility projects, not school funding, not grants, not parks and recreation NOTHING, but rather to pay the interest on the National debt and certain unknown special fund accounts and believe none exists; 32- Affiant has seen no evidence that the so-called income tax is not actually an excise tax in the form of a tariff tax, i.e. a user fee one is compelled to pay for voluntarily exercising the benefit and privilege of using the FEDERAL RESERVE BANKS private script fiat currency called Federal Reserve Notes, (foreign bills of exchange) whereby the said user incurs liabilities for benefits of use and is therefore obligated to pay his/her share of interest on the National Debt, relative to use, and believes none exists; 33- Affiant has seen no evidence that the INTERNAL REVENUE SERVICE is not a collection arm for the private International bankers who own and control the FEDERAL RESERVE BANK SYSTEM and believes none exists; 34- Affiant has seen no evidence that the INTERNAL REVENUE SERVICE is not formerly the Bureau of Internal Revenue (BIR) situated in and with authority only in the Philippine Islands (Trust Fund # 61), and then moved into Puerto Rico (Trust Fund # 62) and believes none exists; 35- Affiant has seen no evidence that the UNITED STATES OF AMERICA and the UNITED STATES are not distinctly different private corporations and believes none exists; 36- Affiant has seen no evidence that the UNITED STATES (a corporation) or the
AFFIDAVIT OF TRUTH Page 10 of 36

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UNITED STATES OF AMERICA (a corporation) are one in the same as the Federal Government and believes none exists; What is the FEIN of each? 37- Affiant has seen no evidence that public officials, i.e. judges, magistrates, clerks, district attorneys and the like do not have a conflict of interest in that they work for private corporations seeking share holder profits and their own profits yet have (allegedly) sworn an oath to uphold the Constitution for the United States and believes none exists; (Exhibit of the screen captures) 38- requested Attorney provide him with names of the shareholders of the UNITED STATES, the UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY yet Attorney failed to assist to that end; 39- Affiant has seen no evidence that there is not a CUSIP (COMMITTEE on UNIFORM SECURITIES IDENTIFICATION PROCEDURES) number assigned to USDC Case No. CR 10 0328JCC and that a subpoena of the records and an electronic forensic accounting will not show that officials involved in said case are not personally profiting from commercial paper and or bonds written on or against said case and believes none exists; 40- Affiant has seen no evidence that UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OF AMERICA, UNITED STATES, INTERNAL REVENUE SERVICE and FEDERAL RESERVE BANKS are all acting as unregistered foreign agents in violation of the Foreign Agents Registration Act of 1938 and are Collecting Information & Contributions for a Foreign Power in violation of 18 USC 951 and punishable under 18 USC 1651 - 1661, and believes none exists; A) Pursuant to Treasury Delegation Order No. 91, the IRS entered into a "Service Agreement" with the US Treasury Department (See Public Law 94564, Legislative History, pg. 5967, Reorganization (BANKRUPTCY!!!) Plan No. 26) and the Agency for International Development. This agency is an international paramilitary operation and according to the Department of the
AFFIDAVIT OF TRUTH Page 11 of 36

THE

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5

Army Field manual (1969) 41-10, pgs 1-4, Sec. 1-7 (b) & 1-6, Sec.1-10 (7) (c) (1), and 22 USCA 284, includes such activities as, "Assumption of full or partial executive, legislative, and judicial authority over a country or area." B) The IRS is also an agency/member of a 184 nation pact called the International Criminal Police Organization, or INTERPOL, found at 22 USCA 263a. C) The memorandum of Understanding, (MOU), between the Secretary of Treasury, AKA the corporate governor of "The Fund" and "The Bank" (International Monetary Fund, and the International Bank for Reconstruction and Development), indicated that the Attorney General and its associates are soliciting and collecting information for foreign principals; the international organizations, corporations, and associations, exemplified by 22 USCA 286f. D) According to the 1994 US Government Manual, at page 390, the Attorney General is the permanent representative to INTERPOL, and the Secretary of Treasury is the alternate member. Under Article 30 of the INTERPOL constitution, these individuals must expatriate their citizenship. They serve no allegiance to the United States of America. E) The IRS is paid by "The Fund" and "The Bank." F) Thus it appears from the documentary evidence that the Internal Revenue Service agents are "Agents of a Foreign Principal" within the meaning and intent of the "Foreign Agents Registration Act of 1938" for private, not public, gain.5 41- Affiant has seen no evidence that INTERPOL is not funded by the UNITED STATES yet cannot be sued by anyone or is accountable to anyone, and believes none exists; 42- Affiant has seen no evidence that the INTERNAL REVENUE SERVICE is registered to do business in the State of California or the State of Washington and believes
http://www.apfn.net/doc-100_bankruptcy6.htm

AFFIDAVIT OF TRUTH Page 12 of 36

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none exists; 43- Affiant has seen no evidence that the Plaintiff, UNITED STATES OF AMERICA, is registered to do business in the State of California or the State of Washington and believes none exists; 44- Affiant has seen no evidence of an injured party, any evidence of a corpus delicti, any evidence of a ratification of commencement FRCP Rule 17A, no evidence that alleged plaintiff has standing as a bankrupt legal fiction and in violation the Foreign Registrations Act of 1938, engaging in a pattern of inland piracy, robbery ashore, racketeering, conversion, money laundering, etc. and believes none exists; (Affiant told this to Attorney yet Attorney failed to act upon said information) "A statute does not trump the Constitution." People v. Ortiz, (1995) 32 Cal.App.4th at p. 292, fn. 2 Conway v. Pasadena Humane Society (1996) 45 Cal.App.4th 163 45- Affiant has seen no evidence that this commercial matter has not already been discharged by Affiants Acceptance for Value of the charging instrument (True Bill) and believes none exists; (see exhibit ___) 46- Affiant has seen no evidence that pursuant to 12 USC 411, lawful money is not the public money of the United States. Whereas, Legal Tender, i.e. Federal Reserve Notes, are the private script of the private International Bankers who own and run the private NON-GOVERNMENT Federal Reserve Banks and believe none exists; 47- Affiant has seen no evidence that ignorance of the law is an excuse or that the gross omission of this material fact in #52 is not a felony and is not punishable pursuant to 18 USC 1001 and believes none exists; 48- Had Affiant known that Affiant could have demanded lawful money all Affiants life, Affiant would have, therefore, Affiant Demands Lawful Money, nunc pro tunc; 49- Affiant has seen no evidence that Modern Money Mechanics, a booklet for edification on the fundamentals of money and fractional reserve banking put out by the Federal Reserve Bank of Chicago in 1991, does not accurately state that banks
AFFIDAVIT OF TRUTH Page 13 of 36

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do not have any credit to lend, cannot lend any depositors credit and that the credit backing a negotiable instrument, i.e. promissory note, loan, check or money order, etc. is derived from the man or woman who signs the negotiable instrument and believes none exists; 50- Affiant has seen no evidence that the Trading with the Enemy Act, the Emergency Banking Act, the Federal Tax Lien Act of 1966, the Act of 1871, the Foreign Sovereign Immunities Act, the Sheppard Towner Maternity Act, HJR192, Public Law 73-10, 48 Stat. Chapter 48, 1 112, the United States Bankruptcy, the Uniform Commercial Code and more, do not disclose the true nature of money, banking, commerce and the private International Bankers stranglehold on the American economy through the US Bankruptcy orchestrated by the these same bankers with the passage of the private Federal Reserve Act of 1913 and believes none exists; 51- Affiant has seen no evidence that the Comptroller of Currency does not oversee all appropriations, allocations and disbursements and does not monitor each department, including the INTERNAL REVENUE SERVICE, through audits and reports for mis-appropriations and account deficiencies, and believes none exists; 52- Affiant has seen no evidence of any Comptroller General reports or audits showing misappropriations of funds or account deficiencies for (allegedly) erroneously paid out 1099OID refunds and believes none exists; 53- Affiant has seen no evidence that (1) CID Agent Kevin Keys did not perjure himself on the witness stand in the Grand Jury proceedings when he claimed that the reason refunds were paid out on 1099OID claims was because sometimes IRS seasonal workers let things slip through or (2) Affiant has seen no evidence that CID Agent Kevin Keys has not exposed an unparalleled incompetency of the Comptroller General and his staff when in overseeing ALL disbursements, allocations and appropriations they signed and issued false warrants and vouchers for the allegedly erroneous 1099OID refunds or in the alternative that (3) Affiant has seen no evidence that CID Agent Kevin Keys testimony has not exposed the Comptroller
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General and his staffs complicity and malfeasance in the alleged tax scheme and believes none exists; 54- Affiant has seen no evidence that an audit of the INTERNAL REVENUE SERVICE books and records as well as those of the DEPARTMENT OF THE TREASURY will not show that thousands of refunds for 1099OID claims have been paid out for decades, without incident, and believes none exists; 55- Affiant has seen no evidence that information on 1099OID and debt instrument issuance and recoupment has not been freely available all across the internet and elsewhere for many years before Affiant learned about it in 2008, and thousands of people have applied for and received 1099OID refunds that are totally unrelated to Affiant, making it an impossibility for Affiant, or anyone else for that matter, to be involved in any sort of a conspiracy involving the filing of 1099OID and believes none exists; 56- Affiant has seen no evidence that an audit of the INTERNAL REVENUE SERVICE books and records as well as those of the DEPARTMENT OF THE TREASURY will not show that refunds for 1099OID claims do continue to be paid out in 2011 without incident and believes none exists; 57- Affiant has seen no evidence that PLAINTIFF is not guilty of malicious and discriminatory prosecution due to the fact there is no evidence of any other upload service provider ever being indicted, incarcerated, placed on GPS bracelet and home detention for uploading 1099OIDs and believes none exists; 58- Affiant has seen no evidence that the Grand Jury indictment should not be quashed as (1) there can be no theft of public money without any public money in circulation, (2) there can be no theft of any funds for 1099OID refunds when the refunds paid out are the funds created by the live flesh and blood man or womans signature on said debt instruments and are the credit of the signor of the instrument (See Modern Money Mechanics), and believes none exists; 59- Affiant has seen no evidence that the FEDERAL RESERVE ACT of 1913 was not a
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treasonous act the corporate US government foistered against the American people along with a group of private International bankers to seize control of Americas monetary and banking system for their self-serving ends and believes none exists; 60- Affiant has seen no evidence that the Federal Reserve Note, thereafter, did not meet all of the qualifications of a worthless security under 26 I.R.C. 165(g) and believes none exists; 61- Affiant has seen no evidence that the stock market crash of 1929 did not bring about the ensuing bankruptcy of the United States when the US gold reserves were insufficient to pay the interest on the accumulating debt due to the private international bankers, owners of the private FEDERAL RESERVE BANK system and believes none exists; 62- Affiant has seen no evidence that on June 5, 1933 HJR192 and also Public Law 7310, 48 Stat chapter 48, 1 112 did not essentially proclaim that no debts can be paid under the prevailing bankruptcy of the United States but only discharged or set off and believes none exists; 63- Affiant has seen no evidence that the state of US bankruptcy did not strip Americans of the ability to hold lawful money in their possession and did not, thereby, deny Americans the ability to obtain actual title to property, i.e. title in allodium and believes none exists; 64- Affiant has seen no evidence that the passing of the Securities and Exchange Commission Act of 1933 and 1934, the wealth and assets of the American people did not become securitized in the form of commercial paper to be held in trust as collateral against the US bankruptcy and believes none exists; 65- Affiant has seen no evidence that the corporate US bankruptcy did not render ALL actual title and ownership to the corporate banking interests, fulfilling the intention of the International Bankers as Edward Mandell House proclaimed to then President Woodrow Wilson in the early 1900s (See Exhibit B); by enslaving the American people through the ancient system of pledging and believes none exists;
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66- Affiant has seen no evidence that thereafter, Americans were not thus forced to pledge ALL their wealth, assets and labor energy as collateral for the US bankruptcy which was precipitated for this very reason by this private International banking cartel and believes none exists; 67- Affiant has seen no evidence that as a result of this process of pledging, the America people did not unwittingly become Suretys for the corporate US National Debt and believes none exists; A) Constitutionally and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk as collateral for its currency and credit without legally providing them an equitable and orderly remedy for recovery of what is due them on their assets and wealth that are at risk. B) This principle is well established in English common law and in the history of American jurisprudence. The 14th amendment provides: no person shall be deprived of property without due process of law. C) The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as 1962 in Pearlman v. Reliance Ins. Co., 371 U.S. 132 when the Supreme Court said: sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise and probably there are few doctrines better established... 68- Affiant has seen no evidence that these obligations, pursuant to 31 USC 3124, are not exempt from taxation and believes none exists; 31 USC 3124. Exemption from taxation (a) Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax, except
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(1) a nondiscriminatory franchise tax or another non-property tax instead of a franchise tax, imposed on a corporation; and (2) an estate or inheritance tax. (b) The tax status of interest on obligations and dividends, earnings, or other income from evidences of ownership issued by the Government or an agency and the tax treatment of gain and loss from the disposition of those obligations and evidences of ownership is decided under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An obligation that the Federal Housing Administration had agreed, under a contract made before March 1, 1941, to issue at a future date, has the tax exemption privileges provided by the authorizing law at the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, or a department, agency, instrumentality, or political subdivision of the District, territory, or possession. 69- Affiant has seen no evidence that the US Government does not take on the status of a private corporation when dealing with commercial paper and all its members lose immunity, making all who come against Affiant jointly and severally liable for any and all damages and loss and believes none exists; A) "Governments descend to the level of a mere private corporation and take on the character of a mere private citizen [where private corporate commercial paper (securities) are concerned]" Bank of US v. Planters Bank, 9 Wheaton (22 US) 904, 6LEd 24 B) "When governments enter the world of commerce, it is subject to the same burdens as any private firm." U.S. v. Burr, 309 US 242, 60 Sct. 488, 84 LEd 244. C) "For purposes of suit, such corporations and individuals are regarded as an entity ENTIRELY separate from government." Planters, infra. D) "The plaintiffs are NOT suing the USA, but the corporation, and if its act was
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UNLAWFUL, even if they might have sued the USA, they are NOT cut off from a remedy against the AGENT that did the wrongful act. E) In general the USA cannot be sued for a tort but its immunity does NOT extend to those who acted in its name." Sloan Shipyards v. US EFC 67 Cal. LR No. 6 (1979). F) The American people are enemies of the State - Trading with the Enemy Act 1933 Act of 1917 & 1933 (People declared the Enemy) Oct. 6, 1917, under the Trading with the Enemy Act, Section 2 subdivision (c) Chapter 106 Enemy defined other than citizens of the United States March 9, 1933, Chapter 106, Section 5, subdivision (b) of the Trading with the Enemy Act of Oct. 6, 1917 (40 Stat. L. 411) amended as follows: any person within the United States. See H.R. 1491 Public No. 1. 70- Affiant has seen no evidence that Affiant is violation of 50 USC, the TRADING WITH THE ENEMY ACT, the WAR POWERS ACT, the EMERGENCY BANKING ACT or is an enemy of the state, the UNITED STATES, the UNITED STATES OF AMERICA, the DEPARTMENT OF THE TREASURY, the INTERNAL REVENUE SERVICE or any agency or instrumentality thereof and believes none exists; 71- Affiant has seen no evidence that INTERNAL REVENUE SERVICE Form 1099OID does not deal with debt instruments and believes none exists; 26 USC 1271-1275 explains debt instruments; 26 USC 1275. Other definitions and special rules (a) Definitions For purposes of this subpart (1) Debt instrument (A) In general Except as provided in subparagraph (B), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. 72- Affiant has seen no evidence that debt instruments, such as promissory notes,
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checks, etc. issued by American people, i.e. in truth, the Prime creditors to the United States Bankruptcy, are not debt obligations of the UNITED STATES and believes none exists; 18 USC 8. Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. 73- Affiant has seen no evidence that the original issuer of a debt instrument is not the live flesh and blood man or woman via his or her artificial PERSON, as only living men and women have credit and can produce goods and services from his or her labor energy and believes none exists; 26 USC 1275. Other definitions and special rules (b) Treatment of borrower in the case of certain loans for personal use (2) Original issue discount deducted on cash basis in certain cases In the case of any debt instrument, if (A) such instrument (i) is incurred in connection with the acquisition or carrying of personal use property, and (ii) has original issue discount (determined after the application of paragraph (1)), and (B) the obligor under such instrument uses the cash receipts and disbursements method of accounting, notwithstanding section 163 (e), the original issue discount on such
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instrument shall be deductible only when paid. (3) Personal use property For purposes of this subsection, the term personal use property means any property substantially all of the use of which by the taxpayer is not in connection with a trade or business of the taxpayer or an activity described in section 212. The determination of whether property is described in the preceding sentence shall be made as of the time of issuance of the debt instrument. 74- Affiant has seen no evidence that debt instruments issued by a live flesh and blood man or woman, via his or her PERSON, such as promissory notes for car loans, home loans, mortgage loans, personal checking, etc. do not fall into the category of personal use property as described in 26 USC 1275 and believes none exists; 75- Affiant has seen no evidence that debt instruments issued by live flesh and blood man or woman, via his or her PERSON, such as promissory notes for car loans, home loans, mortgage loans, personal checking, etc. are debt instruments publicly offered by the live flesh and blood man or woman and believes none exists; 26 USC 1275; (1) Information required to be set forth on instrument (B) Special rule for instruments not publicly offered In the case of any issue of debt instruments not publicly offered, the regulations prescribed under subparagraph (A) shall not require the information to be set forth on the debt instrument before any disposition of such instrument by the first buyer. (2) Issue date (C) Other debt instruments In the case of any debt instrument not described in subparagraph (A) or (B), the term date of original issue means the date on which the debt instrument was issued in a sale or exchange. 76- Affiant has seen no evidence that the GAO report compiled by Lynda D. Willis for the
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IRS commissioner in 1996 did not conclude (1) that the INTERNAL REVENUE SERVICE personnel do not understand debt instruments, (2) that there are over 34 additional types of debt instruments in circulation which are unaccounted for in the IRS publications and manuals and (3) that banks are supposed to complete an IRS 8281 form for reporting of debt instruments and (4) that banks routinely do not complete and submit the 8281 form without which, the IRS has no ability to track and account for said debt instruments and believes none exists; 77- Affiant has seen no evidence that the 2006 GAO report compiled 78- Affiant has seen no evidence that the 1991 publication from the Chicago Federal Reserve Bank entitled Modern Money Mechanics does not state that funds are created out of thin air on the signature, i.e. credit, of the live flesh and blood man or woman and believe none exists; 79- Affiant has seen no evidence that the so-called lending institution, hereinafter, bank, actually lends the customer funds at all, therefore bank suffers no risk of loss in the so-called loan transaction and believes none exists; 80- Affiant has seen no evidence that the bank does not withhold the funds generated by the live flesh and blood man or womans signature on debt instruments and does not treat the promissory note or check as a deposit item according to Generally Accepted Accounting Principles (GAAP) and further, according to the 1991 publication put forth by the Chicago Federal Reserve Bank entitled Modern Money Mechanics, does not fractionalize the deposited amount nine times or more and believes none exists; 81- INTERNAL REVENUE SERVICE Form 1099A is for lenders and borrowers, where the A stands for Acquisition and Abandonment; 82- Affiant has seen no evidence that 1099 series tax forms do not come under category 5, Gift and Estate taxes and believes none exists; 83- Affiant has seen no evidence of a law that states a live flesh and blood man or woman is obligated to gift his or her credit or labor energy to a bank, the FEDERAL
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RESERVE BANK, the Federal Government or to the INTERNAL REVENUE SERVICE and believes none exists; 84- Affiant has seen no evidence that Labor, in a legal sense, is not property and believes none exists; 85- Affiant has seen no evidence that it is a crime to request ones credit or labor energy be returned to him or her in the form of a recoupment on a 1099OID, due, in no small part, to the fact that the American people were stripped of their ability to hold actual title to property when the private Federal Reserve Bankers put America into a bankruptcy in 1929. Though a treasonous act, the remedy given is stated in HJR192 and Public Law 73-10, 48 Stat 48, 1 112, which is essentially this - no debts can be paid, but only discharged or set off and believes none exists; 86- Affiant has seen no evidence that the American people, without choice, and as a result of the Federal Reserve Act of 1913 and the ensuing bankruptcy of 1929, did not lose actual title of all property to a private group of International Bankers and/or their subsidiary corporations and the leaders of the de facto government corporation, and believes none exists; 87- Affiant has seen no evidence that in order for US government leaders to not be found guilty of treason for allowing a private banking cartel to take over banking and commerce in America, the United States and all states of the union de facto and de jure, and then enforce a bankruptcy upon America such that ALL Americans were forced to turn over actual title to all property to these private International Bankers as collateral to the bankruptcy that said leaders had to provide a remedy; a remedy whereby the INTERNAL REVENUE SERVICE is to discharge or set off all debts for the American people in exchange for the loss of the ability to hold actual title to property, as long as the American people would submit the proper paperwork, to the proper channels and in the proper format or the remedy will get denied and believes none exists; 88- Affiant has seen no evidence that those administering the ongoing bankruptcy,
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including but not limited to attorneys, the courts, all banks, the UNITED STATES OF AMERICA, UNITED STATES, INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY, FEDERAL RESERVE BANKS are not all in breach of their fiduciary duty Amjur to the American people for not assisting the American people in effectively attaining the remedy of discharge or set off of all debts by either (1) crediting the accounts to a zero balance upon receipt of instruments tendered Accept for Value, i.e. commonly called Bankers Acceptance, Bills of Exchange, Promissory Notes, drafts and the like, or (2) showing where the defect is in the instrument(s) tendered and how to correct it so that discharge or set off may occur and believe none exists; Publication 1 89- Affiant has seen no evidence that it does not serve the personal and corporate interests of attorneys, the courts, the INTERNAL REVENUE SERVICE, the DEPARTMENT OF THE TREASURY, the UNITED STATES OF AMERICA, the UNITED STATES, the FEDERAL RESERVE BANKS, and ALL STATUTORY BANKS to deny the American people this remedy and believe none exists; 90- Affiant has seen no evidence that attempting to pay debts with debt instruments, Federal Reserve notes included, does not raise the National Debt and believes none exists; 91- Affiant has seen no evidence a properly completed 1099OID claim and subsequent refund, does not reduce the National Debt by cancelling that portion of debt obligations created by the issuance of said debt instrument(s) and believes none exists; 92- Affiant has seen no evidence a live flesh and blood man or woman does not have the option of lending instead of gifting his or her credit to the bank as designated on a 1099A, wherein the live flesh and blood man or womans legal PERSON, often called a TRANSMITTING UTILITY, is the lender and the bank is the borrower (See GAAP and Modern Money Mechanics) and believes none exists; 93- Affiant has seen no evidence that if a live flesh and blood man or woman opts to
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lend his or her credit to a bank, as designated on a 1099A, he or she then should not complete a 1099OID for a return to source (his or her self) of the funds created by his or her signature on said debt instruments pursuant to 26 USC 1271 1275 and believes none exists; 94- Affiant has seen no evidence that for the nearly two years Affiant provided an upload service through the INTERNAL REVENUE SERVICE FIRE system web site, that each upload was not ultimately approved by INTERNAL REVENUE SERVICE personnel and believes none exists; 95- Affiant has seen no evidence of even one incident where INTERNAL REVENUE SERVICE personnel of the FIRE system or otherwise, informed Affiant of a problem with any uploads as performed by Affiant and believes none exists; 96- Affiant has seen no evidence INTERNAL REVENUE SERVICE personnel did not continue to allow uploads by Affiant right up until November 17, 2010 and believes none exists; 97- Affiant has seen no evidence that Affiant did not conduct his affairs in the open and that the INTERNAL REVENUE SERVICE did not have ample opportunity to contact Affiant via phone, email, mail or by a visit in person to inform Affiant of any errors in Affiants uploads as performed yet Affiant was never contacted even one time and believes none exists; Case in point: U.S. v Leo J. Dorey, Jr, U.S. Ct, of Appeals, 9th Cir 82-I 322 (Argued & submitted 3/83, decided 7/83, pp. 3470-3473). DECISION The due process clause requires that a statute, which is used as basis of a criminal charge, give fair warning of conduct which is prohibited so that each person can conform his conduct to requirements of the law. Fundamental principles of due process mandates that no individual be forced to speculate whether his conduct is prohibited.

27 98- Affiant has seen no evidence that if the 1099OID and 1099A as uploaded by Affiant 28 has been and is illegal, then paying out refunds for years on said 1099 claims, not
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charging any other upload service provider as Defendant has been charged, not criminally charging any tax preparer who prepared returns for said 1099 claims and still paying out said 1099 claims in 2011, is not a form of entrapment, malicious, selective and discriminatory prosecution and believes none exists;

US V. DANIEL, 3 F3D 775 (4th Cir. 1993) HAMPTON V. US, 425 US 484, 48 LEd2d 113, 96 SCt 1646 (1976) 1) Entrapment has 2 related elements; government inducement of crime and lack of predisposition on part of defendant to engage in criminal conduct. 2) Predisposed defendant for purposes of defendants allegation of entrapment, is one who is ready and willing to commit the offense.

KRAMER V. VILLAGE OF NORTH FOUND du LAC, 384 F3d 856 (7th Cir. 2004) Selective prosecution and entrapment are complete defenses to a crime.

US V. TOM, 330 F3d 83 (1st Cir. 2003) Government agents may not originate a criminal design, implant in an innocent persons mind the disposition to commit a criminal act, and then induce commission of the crime so that the government may prosecute.

21 99- Affiant has seen no evidence that the INTERNAL REVENUE SERVICE, the UNITED 22 23 24 25 26 STATES OF AMERICA, their agents and assigns by their own admission of sending employees and agents to spy on Affiant could not have instead used their resources to contact Affiant to explain any potential wrongdoing and explain how to correct the filings so that each American can recoup his or her credit on debt instruments he or she issued and believes none exists;

27 100- Affiant has seen no evidence that the failure of the INTERNAL REVENUE 28 SERVICE and the UNITED STATES OF AMERICA to contact Affiant in a civil
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1 2 3 4 5 6 7

manner to explain how to correct any (alleged) erroneous filings, when they had ample time to do so, is not a form of entrapment and is not a deliberate and premeditated attempt to force Americans into gifting their credit and labor energy and wealth to a bank through fear and intimidation and threat of or actual incarceration on bogus charges for merely applying for the remedy that was directly given to each American in HJR192, Public Law 73-10, 48 stat 48, 1 112, for the forced surrender of actual title to ALL property in 1933 and believes none exists;

8 101- Affiant has seen no evidence that had Affiant actually violated any code, rule, 9 10 11 regulation or statute that Affiant was subject to, INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA and DEPARTMENT OF TREASURY are not clearly guilty of violating the Fair Warning Doctrine and believes none exists;

12 102- Affiant has seen no evidence that there are supporting regulations to the alleged 26 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USC violations and believes none exists; (See Exhibit Regulations Parallel Index of Authorities); U.S. v. Mersky, 362 US 431, 438, 80 S.Ct. 459 An administrative regulation, of course, is not a statute. While in practical effect regulations may be called little laws, they are at most but offspring of statutes. Once C on Code of Federal

promulgated, these regulations, called for by statute itself, have the force of law, and violations thereof incur criminal prosecutions, just as if all the details had been incorporated into the congressional language. The result is that neither the statute nor the regulations are complete without the other and only together do they have any force. In effect, therefore, the construction of one necessarily involves construction of the other. For federal tax purposes, federal regulations govern. Dodd v. U.S. 223 F. Supp. 785; Lyeth v. Hoey, 305 US 188, 59 S. Ct. 155; Failure to adhere to agency regulations [by the I.R.S. or other agency] may amount to denial of due-process if regulations are required by constitution or statute. Curley v. US, 791 F. Supp. 5; failure to adhere to agency regulations may amount to a denial of due-process is the
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1 2 3

regulations are required by the constitution or statute. Arzanipour v. IS, 866 F.2d 743, 746 (5th Cir. 1989). (In 26 US 7805(a) the Secretary shall prescribe all needful rules & regulations for the enforcement of this title.

4 103- Affiant has seen no evidence that there are implementing regulations in 26 CFR 5 6 7 8 9 10 authorizing any kind of enforcement actions by the INTERNAL REVENUE SERVICE for Title 26 USC and therefore, the INTERNAL REVENUE SERVICE can only enforce statutes against the United States Federal employees, and direct Federal contractors. Per 26 CFR 601.702 (a)(2)(ii) failure to publish implementing

regulations, and Title 44, 44 U.S.C. chapter 15, part 1505 (a)(1) and believes none exists;

11 104- Affiant has seen no evidence or proof that 18 USC is positive law and believes 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 none exists; The federal Title 18 criminal code was codified in 1909, again in 1940, and again in 1948. In 1909 and 1940 the jurisdictional section for federal courts only authorized prosecution under Title 18 crimes, not under drug crimes or IRS crimes. The 1940 statute, 18 USC 546, was never repealed or amended. That statute, which is still valid, only authorized prosecution for 1909 Title 18 crimes, nothing for Title 21 or Title 26. Furthermore, under the Fair Warning Doctrine, to prosecute someone under a prior statute, a person must be given warning under that statute. Therefore, no possible prosecution exists under Title 21, Title 26, or under any Title 18 charge other than those listed in the 1909 act, but prior notice is required. THE ABOVE SUPPORTS THE CONCLUSION: (1) THAT PERSONS ARE REGISTERED VESSELS UNDER TITLE 46, (2) THAT THE ADMIRALTY JURISDICTION IS USED AS A MEANS OF IN REM SEIZURE; AGAINST THE VESSEL, (3) THAT THESE FACTS ARE CONCEALED DUE TO 1939 INDENTURED TRUST ACT, AND USC 50; TRADING WITH THE ENEMY ACT, (4) USC 26 IS NOT POSITIVE LAW, (5) USC 18, IS NOT POSITIVE
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1 2 3 4 5 6 7

LAW, (6) 18 and 26 USC ARE TRUST PROVISIONS COVERING THE NATIONAL SECURITIES BIRTH CERTIFICATES AND CUSIP (EQUITIES) BONDS HELD IN THE DEPOSITORY TRUST COMPANY, RENDERING PEOPLE AS CHATTEL, BOUGHT AND SOLD ON THE INTERNATIONAL MARKETS, ALL IN VIOLATION IN OF INTERNATIONAL ENTICEMENT LAW, INTO

CONSTITUTING

TRAFFICKING

SLAVES,

SLAVERY, CRIMES AGAINST HUMANITY, ETC.

8 105- Affiant has seen no evidence that Attorney and prosecution along with INTERNAL 9 10 11 12 13 14 15 REVENUE SERVICE, UNITED STATES OF AMERICA, UNITED STATES, DEPARTMENT OF THE TREASURY, FEDERAL RESERVE BANKS, are not ALL unregistered foreign agents and part of a criminal enterprise engaged in a pattern of money laundering, theft, conversion, monopoly, RICO, racketeering, extortion, inland piracy, robbery ashore, and more and all involved are complicit, and guilty of misprision of treason and mis-prision of felony for ignorance of the law is no excuse and believes none exists;

16 106- Affiant has seen no evidence that prosecution, in adding wire fraud charges in a 17 18 19 20 21 22 23 24 25 26 27 28 US V. GOMEZ-ORDUNO, 235 F3d 453 (9th Cir. 2000) Prosecutor violates due process when he seeks additional charges solely to punish a defendant for exercising a constitutional right. KINZER V. JACKSON, 316 F3d 139 (2nd Cir. 2003)
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superceding indictment, has not violated Defendants rights as the sole reason for adding wire fraud charges was because Defendant would not plead guilty to the Conspiracy charge and accept a 5 year prison sentence and believes none exists; (Public Defender Barry Flegenheimer repeatedly threatened Affiant that if Affiant did not plead guilty to the conspiracy charge by April 30, 2011,and accept a 5 year prison sentence that prosecution would amend the indictment with wire fraud charges and seek to imprison Defendant for 20 years.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 10717 18 19 20 21 22 23 24 25 26 27 28

Freedom from Malicious prosecution is a constitutional right. BRAGAN V. POINDEXTER, 249 F3d 476 (6th Cir. 2001) 1) Criminal prosecution which would not have been initiated but for

vindictiveness is constitutionally prohibited. 2) The remedy for prosecutorial vindictiveness is dismissal of the charges or

other appropriate remedies.

BIVENS V. SIX UNKNOWN AGENTS, 403 US 388, 29 Led2d 619, 91 SCt 199 (1970) When a government agent acts in an unconstitutional manner he becomes liable for money damages.

AVERSA V. US, 99 F3d 1200 (1st Cir. 1996) Person may sue federal official in his individual capacity for damages arising out of constitutional violation.

If so-called government can deny anyone his/her justly entitled "rights" and remedies, without penalty and without recourse, is it because alleged government is, in truth, a de facto quasi-governmental body masquerading as a de jure government; yet in reality, is merely a private corporation with private interests, seeking to maximize shareholder profits wherein key personnel receive bonuses, merit pay increases and/or shares of profits for prosecuting and incarcerating American people?

Silence can only be equated with fraud when there is an actual or moral duty to speak,
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or when an inquiry left unanswered would be intentionally misleading We cannot condone this shocking conduct If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately. U.S. v. Tweel, 550 F2d 997, 299-300

Affiant grants Plaintiff thirty (30) days, from date of filing to respond to the statements, claims and inquiries above, unless an extension of a reasonable amount of time is requested in writing and via certified mail to Affiant in Care of Notary Public WALTER ETIENNE ESTEVA, NOTARY PUBLIC at PO BOX 51237 IRVINE, CA 92619 within the said twenty one (21) day period. Failure to respond will constitute as an operation of law, the admission of Plaintiff by TACIT PROCURATION to the statements, claims and ANSWERS to inquires shall be deemed RES JUDICATA, STARE DECISIS. Failure to respond will constitute PROMISSORY ESTOPPEL, COLLATERAL ESTOPPEL, and ESTOPPEL BY ACQUIESCENCE. I hereby and herein reserve the right to amend and make amendments to this document as necessary in order that the truth may be ascertained and proceedings justly determined.

MAXIMS

AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE

AN UNREBUTTED AFFIDAVIT IS ACTED UPON AS THE JUDGMENT IN COMMERCE.

ALL CORPORATE GOVERNMENT IS BASED UPON COMMERCIAL AFFIDAVITS, COMMERCIAL CONTRACTS, COMMERCIAL LIENS AND COMMERCIAL

DISTRESSES, HENCE, GOVERNMENTS CANNOT EXERCISE THE POWER TO

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EXPUNGE COMMERCIAL PROCESSES.

THE

LEGITIMATE

POLITICAL

POWER

OF

CORPORATE

ENTITY

IS

ABSOLUTELY DEPENDENT UPON ITS POSSESSION OF COMMERCIAL BONDS AGAINST PUBLIC HAZARD, BECAUSE NO BOND MEANS NO RESPONSIBILITY, MEANS NO POWER OF OFFICIAL SIGNATURE, MEANS NO REAL CORPORATE POLITICAL POWER, MEANS NO PRIVILEGE TO OPERATE STATUTES AS THE CORPORATE VEHICLE.

THE

CORPORATE

LEGAL

POWER

IS

SECONDARY

TO

COMMERCIAL

GUARANTORS. CASE LAW IS NOT A RESPONSIBLE SUBSTITUTE FOR A BOND.

EXCEPT FOR A JURY, IT IS ALSO A FATAL OFFENSE FOR ANY PERSON, EVEN A JUDGE, TO IMPAIR OR TO EXPUNGE, WITHOUT A COUNTER-AFFIDAVIT, ANY AFFIDAVIT OR ANY COMMERCIAL PROCESS BASED UPON AN AFFIDAVIT.

GOVERNMENTS CANNOT MAKE UNBONDED RULINGS OR STATUTES WHICH CONTROL COMMERCE, FREE ENTERPRISE MEN AND WOMEN, OR SOLE PROPRIETORSHIPS WITHOUT SUSPENDING COMMERCE BY A GENERAL DECLARATION OF MARTIAL LAW.

NOTICE TO AGENT IS NOTICE TO PRINCPIAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT Further Affiant sayeth naught.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 28 USC 1746 (1)

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Signed on this the _____ day of the _____ month in the year of our Lord two thousand eleven. ______________________________ Ronald-Lee:Brekke, Authorized Representative of RONALD L. BREKKE
"I reserve my right not to be compelled to perform under any contract, commercial agreement or bankruptcy that I did not enter knowingly, voluntarily, and intentionally. And furthermore, I do not and will not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement or bankruptcy."

JURAT State of California ) ) ss. Orange County )

SUBSCRIBED

AND

AFFIRMED

before

me

on

this

________day

of________________, 2011 by Ronald-Lee:Brekke who proved to me on the basis of satisfactory evidence to be the man who appeared before me

__________________________________________, Notary Public, and whose name is subscribed on this Document / Instrument; witnessed by my signature and official stamp.

NS: ____________________________________ Signature of Notary Public LEGAL NOTICE The Certifying/Affirming Custodian Notary is an independent contractor and not a party to this claim. In fact the Certifying/Affirming Custodian Notary is a Federal Witness Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant. The Certifying/Affirming Custodian Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being
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compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled Deprivation of Rights Under Color of Law, which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. law. Use of a Notary or references to US codes, rules, regulations, statutes and the like does not constitute a granting of jurisdiction, waiving of any rights or an acceptance of any benefits or privileges, real or imagined.

Reserving ALL Natural God-Given Unalienable Birthrights, Waiving None, Ever,

RELIEF AND REMEDY DEMANDED Affiant is the beneficiary of the trust known as RONALD LEE BREKKE and I hereby appoint JUDGE JOHN C COUGHENOUR as Fiduciary / Trustee. (See Exhibit D) I want you to Discharge the matter and Remove the Case from the public record.

I am not an expert in the law however I do know right from wrong. If there is any human being damaged by any statements herein, if he will inform me by facts I will sincerely make every effort to amend my ways. I hereby and herein reserve the right to amend and make amendment to this document as necessary in order that the truth may be ascertained and proceedings justly determined. If the parties given notice by means of this document have information that would controvert and overcome this Affidavit, please advise me IN WRITTEN AFFIDAVIT FORM within thirty (30) days from filing hereof providing me with your counter affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate
AFFIDAVIT OF TRUTH Page 34 of 36

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facts or conclusions of law, that this Affidavit Statement is substantially and materially false sufficiently to change materially my status and factual declarations. Your silence stands as consent to, and tacit approval of, the factual declarations herein being established as fact as a matter of law.

Ronald-lee: brekke, Sui juris

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document, Affidavit of Truth, for Case No. CR10 0328JCC in the DISTRICT COURT OF WASHINGTON AT SEATTLE was sent by mail, sufficient postage prepaid, to the following, whose names and addresses are listed below, on this the _____ day of the ______ month in the year of our Lord, two thousand eleven.
_____________________________ WALTER ETIENNE ESTEVA NOTARY PUBLIC PO BOX 51237 IRVINE, CA 92619 UNITED STATES OF AMERICA C/O JENNY DURKAN, US ATTORNEY US DISTRICT COURT 700 STEWART STREET, SUITE 5220 SEATTLE, WA 98101 ROBERT M. LEEN PO BOX 82 WOODINVILLE, WA 98072

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DEPARTMENT OF TRANSPORTATION RAY LAHOOD, SECRETARY 1200 NEW JERSEY AVE SOUTHEAST WASHINGTON, DISTRICT OF COLUMBIA 20590 Pursuant to: [46 USC 31321] Filing, recording, and discharge DOUGLAS H. SHULMAN, IRS COMMISSIONER INTERNAL REVENUE SERVICE CRIMINAL DIVISION BOX 192 COVINGTON, KENTUCKY 41012 ERIC H. HOLDER, JR., DBA US ATTORNEY GENERAL U.S. DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530 J. RUSSELL GEORGE DBA INSPECTOR GENERAL FOR TAX ADMINISTRATION 1125 - 15TH STREET NW - WASHINGTON, DC 20005

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