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:

                                  )  28 U.S.C. 1691;

          Interpleader.           )  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

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.


INCORPORATION OF EXHIBIT

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


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 will personally serve the following document(s):

 

NOTICE OF INTENT TO LODGE

VERIFIED CRIMINAL COMPLAINT, ON INFORMATION:

28 U.S.C. 1691;

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