Paul Andrew Mitchell, B.A., M.S., Sui Juris

Private Attorney General, 18 U.S.C. 1964(a)

c/o Forwarding Agent

P.O. Box 14027

Spokane Valley 99214

WASHINGTON STATE, USA

Without Prejudice

United States Tax Court

ESA NW, Inc. ) Docket No. 8903-06L

)

Petitioner, ) See also:

v. ) U.S. Tax Court docket no. 4284-06L

) USDC/DC Criminal no. 05-0394 (RBW)

Commissioner of Internal Revenue,) USDC/DC Civil no. 98-1232 (CKK)

) USDC/DC Civil no. 98-1233 (CKK)

Respondent. )

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) RELATOR’S SECOND

United States ) VERIFIED CRIMINAL COMPLAINT,

ex relatione ) ON INFORMATION:

Paul Andrew Mitchell, ) FREV Rule 201(d);

) 5 U.S.C. §§ 2903, 2906, 3331;

Interpleader. ) 18 U.S.C. §§ 241, 242, 371, 505,

) 912, 1001, 1341, 1503, 1512,

) 1513, 1951 and 1962;

) 28 U.S.C. 1746(1); and,

_________________________________) 31 U.S.C. 3729 et seq. (Qui Tam).

COMES NOW the United States (“Interpleader”) ex relatione Paul Andrew Mitchell, B.A., M.S., Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”) to provide formal Notice to all interested Parties, and to demand mandatory judicial notice by this Court of this RELATOR’S SECOND VERIFIED CRIMINAL COMPLAINT, ON INFORMATION formally charging the following named individuals with the corresponding criminal violations enumerated infra. Relator hereby formally charges:

John D. Bates with:

(1) commission of a misdemeanor by willfully subjecting Plaintiffs’ personnel, and other damaged people not named herein, to the deprivation of their fundamental Rights to due process of law, to equal protection of the law, to petition the Government for a redress of grievances, and to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3 in said Constitution and by the Federal statute at 5 U.S.C. 3331, all under color of laws, statutes, ordinances, regulations or customs, in violation of the Federal criminal statute at 18 U.S.C. 242 (one or more counts);

(2) commission of a felony by conspiring with one or more of the others charged herein to injure, oppress, threaten or intimidate Plaintiffs’ personnel, and other damaged people not named herein, in the free exercise and full enjoyment of their fundamental Rights to due process of law, to equal protection of the law, to petition the Government for a redress of grievances, and to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3 in said Constitution and by the Federal statute at 5 U.S.C. 3331, and because of their having so exercised and attempted to exercise the same Rights, in violation of the Federal criminal statute at 18 U.S.C. 241 (one or more counts);

(3) commission of multiple felonies by actively conspiring with one or more of the others charged herein to commit multiple offenses against the United States and to defraud the United States, and with malice aforethought deliberately to effect the object of said conspiracy, in violation of the Federal criminal statute at 18 U.S.C. 371 (one or more counts);

(4) commission of a felony by falsely assuming or pretending to be an Officer of this Court, acting as such under authority of the United States but without any of the requisite credentials, in violations of the Federal statute at 5 U.S.C. 3331 and of the Federal criminal statute at 18 U.S.C. 912 (one or more counts);

(5) commission of multiple felonies against the Plaintiffs’ personnel, and other damaged people not named herein, by making false, fictitious and fraudulent statements and representations in connection with matters within the jurisdiction of the Judicial Branch of the United States, in multiple violations of the Federal criminal statute at 18 U.S.C. 1001 (one or more counts);

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(6) commission of multiple felonies, during the ten (10) years commencing October 1, 1999 A.D., by placing in a post office, or in an authorized depository for mail, matter to be sent and delivered by the Postal Service, for the purposes of executing a scheme or artifice to defraud and of obtaining money by means of false and fraudulent pretenses, representations or promises, after having devised or intended to devise said scheme or artifice to defraud and to obtain money by means of false and fraudulent pretenses, representations or promises, in violation of the Federal criminal statute at 18 U.S.C. 1341 (one or more counts);

(7) commission of a felony, during the ten (10) years commencing October 1, 1999 A.D., by corruptly influencing, obstructing or impeding, and by corruptly endeavoring to influence, obstruct or impede, the due administration of justice, in violation of the Federal criminal statute at 18 U.S.C. 1503 (one or more counts);

(8) commission of a felony, during the ten (10) years commencing October 1, 1999 A.D., by knowingly using intimidation and engaging in misleading conduct toward another person with intent to influence, delay or prevent the testimony of a person in an official proceeding, by causing or inducing a person to withhold testimony or withhold a record, document or other object from an official proceeding, and by hindering, delaying or preventing the communication of information relating to the commission or possible commission of a Federal offense to a law enforcement officer or judge of the United States, in violation of the Federal criminal statute at 18 U.S.C. 1512 (one or more counts);

(9) commission of a felony, during the ten (10) years commencing October 1, 1999 A.D., by knowingly engaging in conduct and thereby damaging the tangible property of another person, and by threatening to do so, with intent to retaliate against that person for his attendance as a witness and party at an official proceeding, for testimony given and records, documents and other objects produced by a witness in an official proceeding, and for information relating to the commission or possible commission of a Federal offense, in violation of the Federal criminal statute at 18 U.S.C. 1513 (one or more counts);

(10) commission of a felony during the ten (10) years commencing October 1, 1999 A.D., by attempting and conspiring to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by means of extortion, specifically by obtaining property, from Plaintiffs’ personnel and other damaged people not named herein with their consent induced by wrongful use of actual or threatened force, violence or fear, and under color of official right, in violation of the Federal criminal statute at 18 U.S.C. 1951(a) (one or more counts);

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(11) commission of a felony by forging the signature of a judge of a court of the United States, by knowingly concurring in the use of such forged and counterfeit signatures for the purposes of authenticating proceedings and documents, and by tendering in evidence such proceedings and documents with false and counterfeit signatures of any such judge, knowing such signatures to be false and counterfeit, in violation of the Federal criminal statute at 18 U.S.C. 505 (one or more counts); and,

(12) commission of a felony by conspiring to engage in a pattern of racketeering activity, including but not limited to perpetrating a property conversion racket and a protection racket against the joint and several estates of the Plaintiffs’ personnel and other damaged people not named herein, and as a direct result of committing two or more of the predicate acts itemized supra and in the Federal criminal statute at 18 U.S.C. 1961 during the ten (10) years commencing October 1, 1999 A.D., in violation of the Federal criminal statute at 18 U.S.C. 1962(d) (one or more counts).

Rosemary M. Collyer with:

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Ellen Segal Huvelle with:

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Paul L. Friedman with:

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Henry Harold Kennedy, Jr. with:

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Gladys Kessler with:

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Colleen Kollar-Kotelly with:

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Royce C. Lamberth with:

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Richard J. Leon with:

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Louis F. Oberdorfer with:

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John Garrett Penn with:

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Richard W. Roberts with:

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Emmet G. Sullivan with:

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Ricardo M. Urbina with:

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Reggie B. Walton with:

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NOTICE OF QUI TAM COMPLAINT: 31 U.S.C. 3729 et seq.

Interpleader hereby notifies all appropriate personnel employed by the United States Department of Justice (“DOJ”) and by the United States District Court for the District of Columbia (“USDC”), that the instant RELATOR’S SECOND VERIFIED CRIMINAL COMPLAINT, ON INFORMATION is also intended to satisfy the requirement, as stated in the Federal Civil False Claims Act at 31 U.S.C. 3729 et seq., for written disclosure of substantially all material evidence and information which Relator currently possesses.

To that end, the following evidentiary documents are attached hereto and incorporated by reference as if set forth fully here:

(1) Freedom of Information Act (“FOIA”) Request to DOJ for credentials required of 17 employees seated on the United States District Court for the District of Columbia, dated October 6, 2006;

(2) Letter from Thomas F. Hogan dba “Chief Judge” dated February 16, 2007;

(3) Item (2) letter from Thomas F. Hogan dba “Chief Judge”, annotated REFUSED FOR CAUSES and RTS (Returned To Sender);

(4) Letter from DOJ’s Office of Information and Privacy, dated January 24, 2007;

(5) Letter from DOJ’s Office of Information and Privacy, dated February 2, 2007;

(6) Four (4) defective Office of Personnel Management (“OPM”) Form 61 APPOINTMENT AFFIDAVITS annotated REFUSED FOR CAUSE and RTS (Returned To Sender) as “bootleg” Information Collection Requests (“ICR”) lacking OMB control numbers required by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.;

(7) Eleven (11) NOTICEs AND DEMANDs FOR EXHIBITION OF MISSING CREDENTIALS as mailed on January 30, 2007, to eleven (11) of the individuals formally charged above (now IN DEFAULT); and,

(8) Relator’s REQUEST FOR IMMEDIATE RESIGNATION to Thomas F. Hogan dba U.S. District Judge, dated April 18, 2007.

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Supplemental evidence can be provided in reply to request(s) from DOJ, from duly convened Federal Grand Juries, and/or from other duly authorized criminal investigators.

NOTICE OF DEFAULT AND OF ESTOPPEL ACTIVATION

Interpleader hereby now provides formal notice to all interested personnel that all eleven (11) NOTICEs AND DEMANDs FOR EXHIBITION OF MISSING CREDENTIALS supra are now IN DEFAULT (see item (7) above), thereby formally activating estoppels. See Carmine v. Bowen, 64 A. 932 (1906) (silence activates estoppel under such circumstances).

The silence of each recipient also constitutes fraud, pursuant to U.S. v. Tweel, 550 F.2d 297, 299, headnote 2 (1977) (silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading).

INCORPORATION OF EVIDENCE

Interpleader now incorporates by reference all attached documents, the entire contents of the U.S. Tax Court’s dockets itemized above, and the entire contents of the U.S. District Court’s dockets itemized above, as if all such contents were set forth fully here, with particular emphasis on all documentary evidence acquired and assembled to date by Relator thus implicating each of the above named individuals with all of the criminal violations enumerated above.

RESERVATION OF RIGHT

Interpleader hereby expressly reserves the right to challenge any requisite credential(s) administered pursuant to 5 U.S.C. 2903 but by someone who also lacks one or more of the 4 required credentials.

AFFIDAVIT OF PROBABLE CAUSE

Relator now testifies that all evidentiary documents thus incorporated supra do constitute probable cause formally to charge the above named individuals with the corresponding criminal violations enumerated supra. Relator further testifies that not one of the missing credentials has been produced for any of the fifteen (15) personnel formally charged above, whether in response to lawful FOIA Requests, or to reasonable investigative DEMANDs served via U.S. Mail, or otherwise.

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal Government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

Dated: October 12, 2009 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General, 18 U.S.C. 1964

PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal Government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

RELATOR’S SECOND VERIFIED CRIMINAL COMPLAINT, ON INFORMATION:

FREV Rule 201(d);

5 U.S.C. §§ 2903, 2906, 3331;

18 U.S.C. §§ 241, 242, 371, 505, 912, 1001,

1341, 1503, 1512, 1513, 1951 and 1962;

28 U.S.C. 1746(1); and,

31 U.S.C. 3729 et seq. (Qui Tam)

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

U.S. Department of Justice (3x)

Criminal Division

950 Pennsylvania Avenue, N.W.

Washington 20530-0001

DISTRICT OF COLUMBIA, USA

Office of Clerk of Court (under seal) (3x)

United States District Court

333 Constitution Avenue, N.W.

Washington 20001

DISTRICT OF COLUMBIA, USA

Confidential Courtesy Copy:

Chester E. Davis (1x)