An Investigative Report From the
desk of Barton Albert Buhtz
Investigative Journalist and
Consumer Advocate
To: All who hold dear the U.S. Constitution of
our Republic May 26, 2003
Re: UCC/Redemption
Process I am quite familiar with a number of widely divergent views held by
proponents and antagonists in what is commonly known as
\"UCC/Redemption.\"
The
following report addresses some of the key issues in contention between the
various factions and looks at the facts revealed by a number of sources for
this information, i.e.
1.
Is a birth certificate in itself an instrument, a promissory note or other
negotiable instrument of commercial value?
2.
Is the birth certificate on record at a county and/or with a state a contract
giving the state and ultimately the federal government control over all
commercial aspects of the individual represented thereon?
3.
Does the filing of a Uniform Commercial Code (UCC) Financing Statement,
Addendum and/or Change Statement/Amendment encompass all commercial, civil and
even criminal activity?
4.
Does following the steps of the \"UCC/Redemption Process\" result in
getting some value through the Federal Government without any value being given
in return?; and,
5.
Is the \"UCC Redemption Process\" simply a ruse or trick that will
only result in subsequent retaliation by government agencies against those who
file and participate in this process?
Most
attorneys view the UCC from the perspective of litigation and adjudication.
However,
the UCC is legislated (Administrative Law) that codifies the rules for all
commercial transactions between countries, states and individuals.
The
courts acknowledge they do not have the authority or jurisdiction to amend,
alter or nullify any of the Articles of the UCC.
They
can only consider \"gray areas\" such as:
Who
holds the priority position?
The party that filed the UCC first or the one who perfected
first?
The
courts have addressed and determine in specific situations what can be
considered a \"fixture\" as it relates to real property under the
UCC.
When
one files a UCC form and it is recorded by a state’s UCC office, that filing
becomes a legal document of public record identifying the filer as the Secured
Party.
Hence
no court can lawfully rule on the fact or existence of the filing itself.
That
filing is a legal fact.
The
employees of the UCC Department in each state are fiduciaries required to
follow specific rules and procedures.
If
a UCC filing meets the specifications of those rules and procedures the
document is to be recorded.
There
are minor variations in the UCC subsections from state to state and even
country to country, but the bulk of the commercial rules and procedures are
universal and uniform.
Hence the designation Uniform Commercial Code.
UCC
filing offices are located in each state of the union, in each of the
territories and protectorates of the U.S. as well as in many foreign countries.
Filing
a UCC form is an administrative action that, when accepted and recorded by the
UCC office, is stamped with a file number, date, hour and even minute of
filing.
The
UCC Financing Statement (UCC-1) details a Secured Party’s status in any
commercial transaction according to the Articles of the UCC as well as various
section of the United States Code dealing with \"Property.\"
Once
a Secured party’s UCC form has been filed it is a fact in public record that
there is a secured, vested interest therein holding a superior claim and all
other parties at interest who file thereafter must acknowledge, accept and
respect the Secured Party’s superior and prior position.
Any
changes filed thereafter by the Secured Party can be accomplished by filing an
Amendment (UCC-3) referencing the original UCC filing.
However,
the facts are clear.
The
UCC deals with secured, vested interest and/or possession, never title. Title
is another subject altogether.
1. Is the Birth Certificate itself a commercial
instrument, a Promissory Note or other negotiable instrument of value?
The
answer is an emphatic NO!
However,
the authorization to prepare a Certificate of Live Birth is given in the form
of an application signed by the parents and/or the doctor that is in form and
substance a commercial contract.
A
local or state birth certificate is simply evidence that a commercial contact
has been entered into making the newborn a ward of the \"state.\"
Within
two weeks and three days the Certificate of Live Birth based on that
application is delivered and filed in Washington, D.C.
Furthermore,
it is a bonded instrument.
On
the back of the document is a letter (A-N) followed by eight numbers.
More
recently issued Social Security Cards have a similar bond serial number stamped
on the back.
2. Is the Birth Certificate itself, originally
prepared in the county of birth, a contract giving the state control over all
aspects of the individual represented thereon?
Again
the answer is NO.
A
birth certificate is not a contract and has no value in and of itself except as
evidence that a Certificate of Live Birth does exist.
That
Certificate is on file in the official records in Washington, D.C. and stands
as incontrovertible evidence that there is a living, breathing man or woman
whose existence has been registered with the state and with certain federal
agencies.
Records
of foreign born are on file with a Certificate of Naturalization, Citizenship
or other document authorizing their residence here.
Public
agencies designate the name on the document as a \"person.\"
The
value placed on the Certificate of Live Birth is based on the ability of the
\"state\" to tax the future assets of that \"Debtor.\"
A
bond is taken out by the Department of the Treasury and a
bond # is stamped on the back of the Certificate of Live Birth.
Printouts
of some Individual Master Files (IMF) reveal that bond to be about $650,000.
One
IRS Master File I saw lists an IRS Treasury Bond in the amount of $742,500 that
the individual requester knew nothing about.
However,
all the profit generated by this investment between the birth and the death of
the living, breathing man or woman is kept by the \"state.\"
1933
was a pivotal year for the United States government and the American people.
History
reveals that it took only 20 years after 1913, the year the Federal Reserve Act
was \"approved\" by Congress for the United States (Corporate) to slip
into debt and insolvency.
The
International Bankers served Notice of this fact on the government.
Between
January and July of 1933 the Roosevelt Administration and Congress responded.
Exactly
how all this was orchestrated is too lengthy to be addressed here, but this
fact is clear – since then the birth or naturalization record for every U.S.
Citizen is on file in the official records in Washington, D.C. and the property
and assets of every living U.S. Citizen is pledged as collateral for the
National Debt.
Information
I have received from various government agencies indicates the filed Certificate of Live Birth documents themselves have
specific instructions printed on the back stipulating by whom, to whom and in
what time frame the document is to be created and delivered.
First to the County Health Commissioner, followed by the
Secretary of State and finally the Department of Commerce though the files are
not maintained in their offices.
Within
two weeks and three days each Certificate of Live Birth is to be filed in D.C.
Evidence
reveals that there is even a Federal Children Department established by the
Shepherd/Townsend Act of 1922 under the Department of Commerce that appears to
be involved in this process in some way.
I
have seen IMFs that list commercial activity in the $billions assigned to
individuals making around$50,000 per year!
The
government is using their name and assets to trade in drugs, crude oil and
other commodities.
This
is just another example in evidence that all property, real and personal of
every living American, is committed by Congress to back the National Debt.
In
1933 Congress turned over control of all the post offices in D.C. to the
Secretary of the Treasury.
Why?
That
is how the money comes in especially around April 15!
Read
the 1933 Congressional record you will realize that the office of the Secretary
of the Treasury is actually the keeper in the financial office of the United
States (Corporate) to control the flow of all income to the U.S. so that the
Creditor, the bankers who own the Federal Reserve, will receive their money.
The
salary of the Secretary, John W. Snow, is paid by the International Monetary
Fund.
\"He
who pays the piper calls the tune.\"
According
to government sources well over twenty-five million UCC financing statements
have been filed with UCC offices in many states.
Corresponding
commercial paperwork has been sent to the Secretary of the Treasury.
These
facts have been compiled through information obtained from the CID of the IRS,
FBI, Secret Service, Justice Department, the Department of the Treasury and the
Secretary of State.
By
their own admission not one properly filed UCC form has been rejected or
criminally prosecuted.
However,
the revised UCC Articles, especially IX (effective July 1, 2001) imply that the
UCC Financing Statement of the Secured Party applicant must be filed in the
birth state or UCC Region.
That
recorded filing must then be included with a Charge-Back Instruction Notice, a
1040 ES form and a birth certificate with the Secretary of the Treasury. The
Secretary is the other Party at Interest.
Thirdly, the Secured Party needs to file a UCC Financing
Statement and Addendum with the UCC office in the \"resident\" state
to protect assets there.
Employees
at the Department of the Treasury and the Analysis and Control Division of the
IRS where the files are kept make it clear the birth certificate has no
commercial value.
However,
government agents acknowledge that the Certificates of Live Birth do exist and
are on file.
Some
have even admitted that the Application for the Birth Certificate does have
commercial value based on the ability of government to tax the future earnings
of the person represented by those documents.
However,
the applications are not on file in D.C.
Research
indicates they may well be either in Puerto Rico or Switzerland.
The
states, protectorates and D.C. have formed a National UCC Administration.
They
have partitioned the United States into six UCC Regions.
If
one UCC office within that region is not willing to accept for filing a
properly worded UCC Financing Statement another UCC in that region will.
One
can record a regional filing in a UCC region state that is the same as filing
in their birth state.
If
one is born outside the U.S., but is authorized to live here and hold a Social
Security Card, they can file the UCC form in the state or region where they
resided when they received such authorization.
Specifically,
research reveals that the UCC and other required paperwork filed with the birth
state or region is logged in at the mailroom – 1500 Pennsylvania Avenue, N.W.,
Washington, D.C.
This
is the address of legal service for the Secretary of the Treasury.
According
to La Tanya Y. Wilson all UCC and Bill of Exchange documents are routed to the
IRS – Room 1120, 1111 Constitution Avenue, N.W., Washington, D.C. 20224, under
the administration of Felix Zech.
This
is the Analysis and Control Division of the IRS.
These
documents are scrutinized by the Secret Service, the FBI and Justice
Department. Dolores Douglas at the Analysis and Control Division has stated
that these are designated as \"UCC Contract Trusts.\"
The
UCC Contract Trusts are distinct and separate from Direct Treasury Accounts used
exclusively for trading in Treasury Bonds that are administered by the Bureau
of Public Debt.
I
have learned that many of the UCC and Bill of Exchange
documents received at 1500 Pennsylvania Avenue, N.W., are misdirected to the
BPD.
One
major error is that many filers reference a Treasury Direct or Direct Treasury
account in their documents.
At the Analysis and Control Division of the IRS Building in
D.C.
UCC
Contract Trusts are processed and the paperwork is then routed to one of two
IRS Centers.
For east of the Mississippi they are routed to Cincinnati,
Ohio.
West
of the River they are sent to Fresno, California.
I
have since learned that Notices discharging IRS claims east of the Mississippi
are also to be sent to Joseph Kehoe – CSB/SPF of the IRS in D.C.
West
of the River they are to be sent to Gary Sterr –
WRM/SPF – Seattle, Washington.
Current
reports indicate the UCC files and paperwork is scrutinized by the Secret
Service, the Justice Department, FBI, routed to the CID, then to the IRS
Technical Support Division (TSD) in the state from where the Secured Party
initiated the discharge.
A
December 2002 memo from La Tanya Wilson notes that copies of these documents
are also forwarded to Jeanean West at the Department
of Justice, Tax Division in D.C.
Here
are some important details regarding the administration and function of the
TSD:
a.
Almost every financial institution connected with the Federal Reserve System
has in its register or has contracted access to an IRS account known as a
Treasury Tax and Loan account (TTL).
b.
The TTL account in each financial institution is administered from the TSD
office located in most state offices of the IRS. As a result of IRS internal
reorganization the Technical Support Manager (TSM) in each State Divisional
Office of the IRS has been assigned the authority formerly assigned to the
District Director.
c.
When a \"NOTICE of Levy/Lien\" is presented to any financial
institution by the IRS (usually by fax) the financial institution usually
responds routinely with a by making a simple entry in their computer
transferring the asset from the depositor’s account to the IRS TTL
account. THE ASSET DOES NOT PHYSICALLY
LEAVE THEIR OFFICE. A few financial
institutions do not have TTL accounts.
They place a 21 day hold on the funds and then forward the amount
demanded directly to the IRS.
d.
When a \"Release of Levy/Lien\" is issued by the IRS the financial
institution makes an entry in the computer and transfers funds from the TTL
account to the depositor’s account if applicable.
A
properly prepared and filed UCC form on file with the bank can be an
administrative preventative action a Secured Party can take to document prior,
superior claim to those assets on deposit.
See
United Tobacco Warehouse v. Wells (1973) and Diversified Metal
Products v. T-Bow Company Trust, IRS, et
al. (1993).
Some
banks will not accept UCC documents.
Deposit
the funds in a financial institution that will.
Discharging
claims in the public sector and with the IRS through the UCC Contract Trust can
be accomplished by the Secured Party with presentment of Bonded Registered Bill
of Exchange directly to the Secretary of the Treasury.
When
an assessment (claim) is made by the IRS, a federal or state taxing agency, the
claim can be stamped \"Accepted For Value\" by the Secured Party and
sent via Certified (or Registered) Mail to the Secretary of the Treasury for
discharge.
This
action is documented and authorized through Public Policy HJR-192, Title IV,
Sec. 401 of the Federal Reserve Act, the Supreme Court’s confirmation in Guaranty
Trust of New York v. Henwood, et al. (1939) and Public Law 73-10.
Such
action is further confirmed in USC Title XII, Title XXVIII, Sec. 1641, 3002 and
the Foreign Sovereign Immunity Act.
Regarding
the alleged commercial value of the birth certificate the following facts are
clear:*
Hundreds
of thousands birth certificates referenced in UCC Financing Statements have
been filed and stamped by numerous state UCC filing offices.
Under
the revised Article (Chapter) IX of the UCC(July 1,
2001) such filers had until June 30, 2002 to re file the UCC-1 with their birth
state.
By
referencing their original filing they could protect the earlier filing date
that, then, would be filed with the Secretary of the Treasury.
Failure
to do so, however, by July 1, 2002 would result in losing their original filing
date and their status as the Secured Party with the Secretary of the Treasury.*
The
Department of the Treasury acknowledges that UCC filings by millions of Secured
Parties have been routed to the Analysis and Control Division of the IRS in
D.C.
Not
one, to my knowledge has been criminally prosecuted.
We
have been told that many are in limbo because the files are not complete.*
Thousands
of discharge documents have been presented to the Secretary of the Treasury,
routed to the Analysis and Control Division of the IRS for processing and not
one has been criminally prosecuted.
All
of the foregoing reveals that those who have properly filed UCC documents in
the Redemption Process have not committed any crime according to the Department
of the Treasury, the Secret Service, the Department of Justice and the IRS.
2.
Does the filing of UCC Financing statements and Change/Amendments encompass all
commercial, civil and even criminal actions?
According
to numerous government sources all commercial transactions in the U.S. and many
other countries come under the Legislated (Administrative) Law known as the
Uniform Commercial Code.
These
transactions all become \"bonded\" when they are processed through
the Federal Reserve System and/or the Department of the Treasury.
The
courts do claim jurisdiction for commercial transactions that appear criminal.
The
UCC Articles themselves are Administrative Law and not subject to the
jurisdiction of the courts and litigation.
Over
the past number of years I have had contact with those who have stated they
have received proof from Department of Commerce documents that their
Certificates of Live Birth are being used as commercial instruments.
A
detailed investigation by Carl Erickson has revealed some startling facts in
this regard.
When
the Application and Certificate of Live Birth arrives at the Department of the
Treasury in Washington, D.C. the Certificate is bonded, an account is set up
with what we know as the Social Security Number, funds are borrowed.
The
paper credit is invested in stocks and bonds.
According
to the Bureau of Engraving even Federal Reserve Notes are printed bearing the
Bond Number that is assigned to and stamped on the back of each Certificate of
Live Birth.
The
Bond Number consists of a letter (A-N0 followed by eight numbers.
A
similar combination is now routinely printed on the back of Social Security
Cards.
The
fact is that the very existence of every living, breathing man or woman in the
several states is bonded and used for the commercial activities of the United
States (Corporate) now in receivership.
Those
who properly file in their birth state or UCC Region establish the distinct and
separate identity of the Secured Party apart from the Debtor (Strawman).
Presenting
that filing along with the Instruction Order (Chargeback), the IRS 1040 ES
form, the AFV stamped birth certificate notifies the Secretary of the Treasury
that the Secured Party is now established with a prior, superior claim on all
assets and liabilities of the Debtor.
The
liabilities can then be presented to the Secretary for
processing and discharge through the UCC Contract Trust.
An
increasing number of states now accept the UCC Financing Statement and
Addendum.
To
my knowledge not one state has prosecuted any such filing as unlawful, illegal
or criminal.
Many
states are still digesting the revised UCC Code (July 1, 2001) and many
counties still do not have provision for perfecting the UCC filing under
Article 9-333(a) as a Possessory Lien.
The
inclusion of 9-333(a) is the first time a form of lien by name has been
included in the UCC.
3.
Is following the Redemption Process simply an attempt to get something for
nothing through the Secretary of the Treasury?
In
June 1933 the International Bankers, owners of the Federal Reserve, essentially
took control of all private and real property with the consent of Congress and
Executive Orders of the President.
Establishing
status as the Secured Party for the entity represented by the Certificate of
Live Birth does not constitute getting \"something for nothing.\"
These
procedures set up by the government were put in place so that the Secured Party
could reclaim a part of what is rightfully theirs under the U.S. Constitution.
Congress
made provision beginning in the early 1900s for every minor to reinstate their
status as an American under the U.S. Constitution when they became of age.
You
were a minor when the original contract (Application) was entered into by your
parents.
These
provisions were scattered throughout various legislative acts, joint
resolutions and executive orders, many in 1933, as well as in the Congressional
Record based on Public Policy HJR-192, codified in Public Law 73-10 and
confirmed by the U.S. Supreme Court in 1939.
See
Guarantee Trust of New York v. Henwood, et al. (FN3).
By
these placement actions the Administration and Congress basically kept the
details obscured so no one could readily avail himself of such remedy.
Very
few were even aware such procedures existed until fairly recently.
The
UCC filing with the birth/UCC Regional, the Secretary of the Treasury and
resident state is an essential part of the Redemption Process.
The
IMF through their representative, the Secretary of the Treasury, with the use
of the Federal Reserve and collection activity of the IRS virtually controls
all assets of every U.S. Citizen.
With
the UCC/Redemption the Secured Party establishes the right to begin reversing
that absolute control over the Debtor (Strawman).
The
Secured Party establishes level ground with the Secretary of the Treasury
taking back a measure of control of those assets.
However,
UCC filings, properly prepared and correctly filed, go much further in
protecting the property and interests of the Secured Party.
Such
filings can clearly secure legal vested interest control of the Secured Party
without the complex jurisdiction of the courts and apart from the arena of
controversy.
4. Is the Redemption Process (Plan) simply a \"get rich
quick\" ruse or trick that will only result in retaliation by the
government against those who follow it?
The
Secured Party under the UCC/Redemption Process does not hold the actual
Application for a Certificate of Live Birth.
Therefore,
the process can only be used as an \"Accepted For
Value\" response to a commercial claim.
A
written, contracted, acknowledged claim received by the Debtor (Strawman) can be Accepted For
Value by the Secured Party and discharged when properly presented through the
Secretary of the Treasury to the UCC Contract Trust on file with the Analysis
and Control Division of the IRS.
Unfortunately,
many have attempted to circumvent or distort this fact only to find law
enforcement and the courts more than willing to enforce and adjudicate.
IRS-CID
and FBI are often quick to use their intimidation and threat to unlawfully
discourage what the courts of law only should handle.
Employees
at the Department of the Treasury make it clear they do not accept or act upon
faxed orders, telephoned or wired instructions.
Hard
copy, original in-signature forms and documents must be presented via Certified
(or registered) mail as filed with both the state and the Secretary of the
Treasury.
In
2002, before his resignation, Mr. Paul H. O’Neill made it clear to a Senator
from Arkansas that when he is aware of and receives Bill of
Exchange documents, he holds them, thus honoring them.
The
IRS has recently increased its unlawful use of threats and intimidation with
the help of the FBI to discourage and stop the presentment of all Bill of Exchange documents by the Secured party to the
Secretary.
However,
properly prepared and presented negotiable instruments from a legitimate
Secured Party can be lawfully and legally processed through local financial
institutions by the claimant through the Secretary of the Treasury and ledgered by the financial institution through the Treasury
Tax and Loan (TTL) account.
However,
certain employees at the Department of the Treasury persist in misrouting many
of the documents presented by a Secured Party to the Secretary of the Treasury
by labeling them as Treasury Securities (which they are not) then sending them
to the Bureau of Public Debt instead of to the Analysis and Control Division of
the IRS and the UCC Contract Trust.
As
far as I have been able to determine discharge of claims in the public sector,
federal and state, initiated by the IRS are discharged with a simple ledger
entry and computer transfer for credit and debit through the IRS Technical
Support Division.
Further
confirmation regarding this process has come from the Special Procedure
Handling Offices of the IRS.
For
the Secured Party the Uniform Commercial Code,
executed correctly, levels the field of commerce to a great degree.
We
continue to gain more knowledge and understanding in spite of stonewalling,
being fed misinformation and even being the target of threats and blackmail.
\"You
shall know the truth and the truth will set you free.\"
Remember,
our Consumer Advocate ministry operates entirely as a charitable service
totally dependent on donations and prayers.
Both
are deeply appreciated at this time.
Barton
A. Buhtz