Paul Andrew Mitchell, B.A., M.S.
Private Attorney General,
18 U.S.C. 1964(a)
c/o Forwarding Agent
7115 N. Division St.
#B-354
Spokane 99208
WASHINGTON STATE,
USA
Fax: (509) 466-4999
(use cover sheet)
All Rights Reserved
Without Prejudice
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF WASHINGTON
In re: Roland and Virginia
Fox, )
Bankruptcy Case No. 07-00105-PCW7
)
Debtors, ) Adv. Proceeding No. 09-80003-PCW
)
Anthony E.
Grabicki, )
)
Plaintiff, )
)
Roland R. Fox et al., )
)
Defendants. )
----------------------------------)
)
United States ) NOTICE
OF INTENT TO LODGE
ex relatione ) VERIFIED CRIMINAL COMPLAINT,
Paul Andrew
Mitchell, ) ON
INFORMATION:
Interpleader.
) 18 U.S.C. §§ 2, 3, 4, 912, 1001,
) 11 U.S.C. 362
(contempt); and,
__________________________________) 5 U.S.C. §§ 2906, 3331
TO
WHOM IT MAY CONCERN:
This is a formal
written Notice to whom it may concern that the United States
appearing ex rel. Paul Andrew Mitchell, Private Attorney General,
now intends to lodge a proper VERIFIED CRIMINAL COMPLAINT, ON INFORMATION
formally charging Frank L. Kurtz, John
A. Rossmeissl, Patricia C. Williams, Anthony E. Grabicki and Robert D. Miller
with being principals and/or accessories after the fact in multiple acts of
impersonating officers of the United States,
falsifying matters within the jurisdiction of this honorable Court, mail fraud,
extortion and attempted extortion, suborning perjury, and conspiring to engage
in a pattern of racketeering activities, all in deliberate and repeated
violations of the Federal criminal statutes enumerated supra.
Moreover, the United States ex
rel. has recently come into possession of a document
styled TRUSTEE’S MOTION FOR AUTHORIZATION:
(1) TO PAY INCOME TAX DUE TO THE INTERNAL REVENUE SERVICE AND TO REPAY
ADVANCE TO RANDALL | DANSKIN, P.S.; AND
(2) TO SHORTEN TIME AND NOTICE THEREOF [sic].
There are numerous
false and fraudulent statements in said MOTION,
including but not limited to the false and rebuttable claim that Mr. Grabicki supra is a duly appointed and properly
credentialed “Chapter 7 Trustee.”
Conversion to Chapter 7
was never lawful here.
That claim has
already been rebutted conclusively by
the United States’ DECLARATION OF INSOLVENCY AS TO
OBLIGATIONS PAYABLE TO THE FEDERAL RESERVE BANKS, which formally
established that Mr. Grabicki is IN DEFAULT with respect to exhibition of his
requisite credentials.
As such, Mr.
Grabicki is now legally stopped by virtue of his silence to date concerning
said credentials. See Carmine v.
Bowen (silence activates estoppel)
and Rule
5 of the Washington
State Court Rules, Admission
to Practice Rules (re: mandatory
OATH OF ATTORNEY).
Furthermore Mr.
Grabicki’s failure and/or refusal to produce any evidence of said credentials is a fraud upon this Court,
pursuant to U.S. v. Tweel, and now also contempt of this Court by openly
and deliberately violating the automatic stay authorized by the Federal
bankruptcy statute at 11
U.S.C. 362. See DECLARATION OF INSOLVENCY.
Mr. Grabicki also
manifests contempt of the standing decision of the U.S.
Supreme Court in Commissioner
v. Acker, because he stubbornly persists in asserting the false and
rebuttable claim that the Debtors now have, or ever did have, any specific liability for income taxes allegedly imposed
by subtitle A of
the Internal Revenue Code
(“IRC”).
Commissioner
v. Acker is binding case law correctly cited and quoted in the United
States’ DECLARATION OF INSOLVENCY supra.
Repeating -- one
last time -- for the benefit of anyone who fails to understand the legal
implications, there is no liability STATUTE for any income taxes
allegedly imposed by subtitle A of the IRC.
The IRS and the
U.S. Department of the Treasury were forever estopped from producing any such
liability STATUTE when both fell silent for four and one-half (4.5) years
in response to a proper and lawful SUBPOENA
IN A CIVIL CASE for all Statutes at
Large creating a specific liability for income taxes imposed by IRC subtitle A.
Neither IRS not the
U.S.
Department of the Treasury is now able to produce such a Statute at Large because no such
statute exists.
Accordingly, the material evidence now before this
Court calls for the conclusions that Mr. Grabicki et al. have been and are now engaged in a pattern of racketeering
activities against the Debtors specifically by committing, and conspiring to
commit, multiple RICO “predicate acts” during the preceding ten (10) calendar
years, as “pattern
of racketeering activity” is defined by the Federal criminal statute at 18 U.S.C. 1961(5),
to wit:
(5) “pattern of racketeering activity” requires at least two acts of
racketeering activity, one of which occurred after the effective date of this
chapter and the last of which occurred within ten years (excluding any period
of imprisonment) after the commission of a prior act of racketeering activity
....
NOTICE AND DEMAND TO CEASE AND DESIST
The United States ex
rel. Paul Andrew Mitchell,
Private Attorney
General, hereby makes its formal DEMAND that Mr. Grabicki et al. immediately cease and
desist from any further attempts to collect or otherwise enforce collection(s)
of money sums from the Debtors’ estate under the false and now fully rebutted
claim (read “lie”) that the Debtors owe any unpaid “income taxes” imposed by
IRC subtitle A.
Debtors have also
been damaged and defrauded by acts of suborning perjury,
due chiefly to the fact that they are not “U.S. Individuals” [sic] as that term occurs on IRS Form 1040. In pari
materia with the offending Federal Regulation at 26 CFR 1.1-1(b), Debtors are not now
and never have been “federal citizens” or “resident aliens”. See 18 U.S.C. 1622 for
the statute prohibiting subornation of perjury, and IRC 7701(a)(30) for
the statute defining “United States person” [sic].
Furthermore, insofar as the total net proceeds
from the three sales cited in the MOTION supra amounted to approximately $396,304.36,
the Federal statute at 18
U.S.C. 1964(c) now entitles the Debtors to automatic triple damages
which total three (3) times $396,304.36 i.e. $1,188,913.08 –- at least (if Mr. Grabicki’s
numbers are credible).
And, insofar as the
individuals named above have either failed or refused to produce credentials
which are mandated by specific Federal statutes rendered supreme Law of the
Land by the Supremacy Clause,
they have thereby rendered themselves personally liable for all actual,
consequential and exemplary damages inflicted upon Debtors, including but not
limited to the triple damages calculated above.
Said credentials
now assume facts not in evidence: 5
U.S.C. 2906 and 3331. See also the two requirements imposed by 28 U.S.C. 1691.
The
United States
hereby attaches a certified and embossed copy of Relator’s “31 Questions and Answers about the
Internal Revenue Service” as Exhibit “A”, incorporates same by
reference as if set forth fully here, and also demands mandatory judicial
Notice of same pursuant to Rule 201(d)
of the Federal Rules
of Evidence.
The
term “shall” in said Rule 201(d)
has a mandatory, imperative meaning, leaving no room for discretion by this
honorable Court.
The
United States
also demands mandatory judicial Notice of the fact that Exhibit “A” has been
filed in other State and Federal court cases without any certified rebuttal(s) by any
opposing party(s).
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: April 28, 2009 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
All
Rights Reserved without Prejudice
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 will personally serve the following document(s):
NOTICE OF INTENT TO LODGE
VERIFIED CRIMINAL COMPLAINT, ON
INFORMATION:
18 U.S.C. §§ 2, 3, 4, 912, 1001, 1341, 1951, 1622, and 1962;
11 U.S.C. 362
(contempt); and, 5 U.S.C. §§ 2906, 3331
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:
Clerk
of Court (3x) Mr. and Mrs. Roland R. Fox
U.S. Bankruptcy
Court c/o Forwarding Agent
P.O. Box 2164 7115 N. Division St.
#B-354
Spokane
99210-2164 Spokane 99208
WASHINGTON STATE,
USA WASHINGTON STATE, USA
Mr. Anthony E. Grabicki Mr. Robert D. Miller
dba Chapter 7
Trustee [sic] dba Assistant U.S. Trustee
601 West Riverside
#1500 920 West Riverside #593
Spokane 99201 Spokane 99201
WASHINGTON STATE,
USA WASHINGTON STATE, USA
U.S. Postal Inspection Service Foreperson
Inspection
Service Support Group Federal Grand
Jury
222 S.
Riverside Plaza, Ste. 1250 920 W.
Riverside Avenue
Chicago
60606-6100 Spokane 99201
ILLINOIS,
USA WASHINGTON, USA
Dated: April 28, 2009 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
All
Rights Reserved without Prejudice