Paul Andrew Mitchell, B.A., M.S.
c/o 40960 California Oaks Road
Box 281
Murrieta 92562
CALIFORNIA, USA
All Rights Reserved
without Prejudice
District Court of the United States
Central Judicial District of California
Southern Division
The People of California ) No. SA CV 02-0382 GLT(ANx)
ex relatione )
Gayle Bybee et al., )
)
Plaintiffs, )
v. )
)
Andrew Erath et al., )
)
Defendants. )
------------------------------)
United States ) APPLICATION FOR ORDER DISSOLVING
ex relatione ) THE INTERNAL REVENUE SERVICE:
Paul Andrew Mitchell, ) 18 U.S.C. 1964(a);
) Lanham Act, Section 43(a); and,
Intervenor. ) Sherman Act (1890):
______________________________) Lawful Jury Demanded.
COMES NOW the United States (hereinafter “Intervenor”) ex relatione Paul Andrew Mitchell, Citizen of ONE OF the United States of America, qualified Federal Witness and Private Attorney General (hereinafter “Relator”), to petition this honorable Court for a prompt ORDER permanently dissolving the Internal Revenue Service (“IRS”) pursuant to the authority conferred upon this Court by 18 U.S.C. 1964(a), by the Lanham Act, and by the Sherman Act, and to provide formal written Notice to all interested party(s) of same.
For the convenience of this honorable Court, and to minimize Relator’s mounting clerical and postage expenses, the United States refers this Court to the following Internet URL and incorporates same by reference, as if set forth fully here, to wit:
http://www.ustreas.gov/irs/ci/tax_fraud/docnonfilers.htm
If this Court should so order, the United States will oblige by serving certified hard copies of the above document on all interested parties and on the Clerk of this Court. See PROOF OF SERVICE infra.
In a section headed by the phrase “Just the Facts:” [sic], the above document makes the following false statement:
The Internal Revenue Service (IRS) was established on July 1, 1862, by an act of Congress.
[bold emphasis added]
The United States contests this statement, in part by reference to footnote 23 in the published opinion of the U.S. Supreme Court in Chrysler Corp. v. Brown, 441 U.S. 281, fn. 23 (1979).
The United States hereinafter relies upon said footnote formally to refute the false statement quoted above.
Moreover, no one should be punished unnecessarily for relying upon the decisions of the U.S. Supreme Court. U.S. v. Mason, 412 U.S. 391, 399-400 (1973). Relator’s research corroborates footnote 23.
The formal record now before this Court leaves absolutely no doubt that the IRS was never created by any Act of Congress. Specifically, on July 9, 1953, Secretary of the Treasury G. K. Humphrey changed the name of the Bureau of the Internal Revenue (“BIR”) to “Internal Revenue Service” when he signed what is now Treasury Order 150-06. This was his infamous “flick of the pen.”
TRUE
ORIGINS OF THE INTERNAL REVENUE SERVICE
Pursuant to the Commerce Clause and the Lanham Act at 60 Stat. 440 (uncodified at 15 U.S.C. 1121), this honorable Court also has original jurisdiction to adjudicate regulation of interstate commerce, and to enjoin and sanction any and all of the following:
(1) false designations of the origins of the tradenames and trademarks of articles and organizations operating in interstate commerce;
(2) false and misleading descriptions of fact in connection with the tradenames and trademarks of articles and organizations operating in commerce; and,
(3) false and misleading representations of fact in connection with the tradenames and trademarks of articles and organizations operating in commerce.
This Court is also authorized by the Lanham Act to impose a sanction of treble (triple) damages against the IRS and its principals, for its deliberately false designations of its own origins, for its deliberately false and misleading descriptions of fact, and for its deliberately false and misleading representations of fact in connection with the administration of the federal income tax throughout the United States of America, the District of Columbia, U.S. Possessions and Territories, and all federal enclaves.
One legislative intent of the Lanham Act is to protect the public from false designations of origin, from false and misleading descriptions of fact, and from false and misleading representations of fact in matters of interstate commerce. See Follett v. Arbor House Publishing Co., 497 F.Supp 304, 313, 208 USPQ 604, for example.
There is no question that the IRS is engaged in interstate commerce. See all Agreements on Coordination of Tax Administration as consummated with the taxing agencies of the 50 States, for example.
AS AN ALIAS FOR
TRUST #62 IN PUERTO RICO,
IRS
ALSO VIOLATES THE SHERMAN ANTITRUST ACT
The verified record now before this honorable Court, and numerous other State and federal courts, makes it very clear that the IRS, as we know it today, is actually an alias for Trust #62. See 31 U.S.C. 1321(a)(62). This trust is presently domiciled in Puerto Rico, under color of the former Federal Alcohol Administration (“FAA”).
In the present context the following paragraph is a crucial point of fact that remains unrebutted by IRS officials and the Congress:
FAA becomes BIR Under the Reorganization Plan Number 3 of 1940 which appears at 5 United States Code Service, Section 903, the Federal Alcohol Administration, and offices of members and Administrator thereof, were abolished and their functions directed to be administered under direction and supervision of the Secretary of the Treasury through the Bureau of Internal Revenue. We found this history in all of the older editions of 27 U.S.C.S., Section 201. It has been removed from current editions. Only two Bureaus of Internal Revenue have ever existed: one in the Philippines and another in Puerto Rico. Events that have transpired tell us that the Federal Alcohol Administration was absorbed by the Puerto Rico Trust #62.
[“BATF/IRS ‑‑ Criminal Fraud,” by William Cooper]
[Veritas,
Issue Number 6, September 1995]
The
United States argues that the prohibited monopoly practices systematically
inflicted upon the American People by the IRS do blatantly violate the Sherman Antitrust Act,
calling for appropriate judicial review, immediate oversight and
timely relief from the concomitant restraint of trade.
See Attachment “A” infra.
As a threshold matter, IRS Agreements
on Coordination of Tax Administration (“ACTA”)
were consummated without the competitive bidding that is a legal requirement
for service contracts issued by the governments of the several States. IRS is a monopoly enterprise.
Those ACTA agreements are also
demonstrably fraudulent.
The United States argues and hereby
offers to prove that ACTA agreements falsely designate IRS as an agency of the
U.S. Department of the Treasury. In
Section 2 entitled “Definitions” in the IRS template for its ACTA
agreements, yet another false statement is made:
The term “IRS” means the Internal
Revenue Service, U.S. Department of Treasury.
[bold emphasis added]
See 5 U.S.C. 551(1)(C), in
chief, and the following Internet URL:
http://www.supremelaw.org/rsrc/acta/30455c.htm#template
(If this Court should so order, the United States will oblige by serving certified hard copies of the above document on all interested parties and on the Clerk of this Court. See PROOF OF SERVICE infra.)
It necessarily follows that IRS is
perpetrating, under color of official right, a variety of monstrous
monopoly practices that are expressly prohibited by the Sherman Act of 1890, as
amended.
The Sherman
Act also confers original jurisdiction upon this honorable District Court
of the United States (“DCUS”). See the detailed elaboration of this point at
the following Internet URL:
http://www.supremelaw.org/cc/microsoft/index.htm
(If this Court should so order, the United States will oblige by serving certified hard copies of the above referenced documents on all interested parties and on the Clerk of this Court.)
See Sherman Act, 26 Stat. 209 (1890), 36 Stat. 1167 (1911); and 62 Stat. 909 (1948). This DCUS does enjoy original jurisdiction.
All guarantees of the U.S. Constitution were expressly extended into the District of Columbia in 1871 and all federal Territories in 1873. See 16 Stat. 419, 426, Sec. 34; 18 Stat. 325, 333, Sec. 1891, respectively. The Downes Doctrine is, therefore, ultra vires.
IRS IS A CRIMINAL EXTORTION RACKET
The United States hereby formally offers to prove
that sufficient evidence has now been amassed to charge all IRS
employees, but particularly its leadership and its accessories within
the federal government, with multiple counts of the following federal offenses:
(1) commission of a felony during the ten (10) years prior to and including June 1, 2002 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 the American People with Their consent induced by wrongful use of actual or threatened force, violence or fear, and under color of official right, all in violation of 18 U.S.C. 1951(a);
(2) commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by directly and indirectly acquiring and/or maintaining, through a pattern of racketeering activity, an interest in, and/or control of, an enterprise which is engaged in, and the activities of which affect, interstate commerce, all in violation of 18 U.S.C. 1962(b);
(3) commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by associating with an enterprise engaged in, and the activities of which affect, interstate commerce, and by directly and indirectly conducting and/or participating in the conduct of such enterprise's affairs through a pattern of racketeering activity, all in violation of 18 U.S.C. 1962(c); and,
(4) commission of a felony during the ten (10) years prior to and including June 1, 2002 A.D., by conspiring to engage in a pattern of racketeering activity, all in violation of 18 U.S.C. 1962(d).
See 18 U.S.C. 1961 et seq. for other pertinent RICO laws.
The federal RICO statutes also
authorize treble (triple) damages to encourage private attorneys general to
dissolve rackets:
Both statutes [RICO and Clayton Act] bring to bear the pressure of “private attorneys general” on a serious national problem for which public prosecutorial resources are deemed inadequate; the mechanism chosen to reach the objective in both the Clayton Act and RICO is the carrot of treble damages.
[Agency Holding Corp. v. Malley-Duff & Associates]
[107 S.Ct. 2759, 483 U.S. 143, 151 (1987)]
[bold emphasis added]
INCORPORATION OF ATTACHED DOCUMENTS
The United States hereby attaches a true and correct copy of the Press Release entitled “Let’s Dismantle IRS: This Racket is Busted,” by Paul Andrew Mitchell, Relator in the instant case, and incorporates same by reference to Attachment “A” infra, as if set forth fully here. See Internet URL:
http://www.supremelaw.org/press/rels/dismantle.irs.htm
All URL’s listed at the end of Attachment “A” are also incorporated.
REMEDIES REQUESTED
All premises
having been duly considered, Intervenor respectfully
petitions this honorable District Court of the United States (“DCUS”), Central Judicial District of California,
Southern Division, for:
(1) an ORDER liberally construing the RICO laws and permanently dissolving the RICO enterprise known as the Internal Revenue Service, pursuant to the original jurisdiction conferred upon this Court by the federal statute at 18 U.S.C. 1964(a), for its systematic, deliberate and premeditated historical violations of the Racketeer‑Influenced and Corrupt Organizations Act (“RICO”), the Lanham Act first enacted in the year 1946 A.D., and also the Sherman Antitrust Act first enacted in the year 1890 A.D.; and,
(2) all other relief which this honorable Court deems just and proper, under the full range of relevant historical circumstances which have occasioned the instant application, including but not limited to court-ordered sanctions calculated to multiply seven‑fold the actual damages caused by the IRS and its responsible principals (i.e., actual + 3X RICO + 3X Lanham Act).
Respondeat superior. Vicarious liability is actionable here.
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 throughout America).
Dated: June 1, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
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):
THE
INTERNAL REVENUE SERVICE:
18 U.S.C. 1964(a);
Lanham Act, Section 43(a); and,
Sherman Act (1890):
Lawful Jury Demanded
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)
District Court of the United States
Central Judicial District of California
Southern Division
411 West Fourth Street, Room 1-053
Santa Ana 92701-4516
CALIFORNIA, USA
Gayle
Bybee
c/o Marcia J. Brewer
300 Corporate Pointe, Suite 330
Culver City 90230
CALIFORNIA, USA
Carla
Figaro
21213-B Hawthorne Blvd., #5361
Torrance 90503
CALIFORNIA, USA
Nora
Moore
8400 Edinger Avenue, Apt. #Z-106
Huntington Beach 92647
CALIFORNIA, USA
Denise
Ricca-White
4805 Glenhaven Drive
Oceanside 92056
CALIFORNIA, USA
Andrew
Erath
c/o Office of Regional Inspector
Internal Revenue Service
P.O. Box 6238
Laguna Niguel 92607
CALIFORNIA, USA
Erik
Newberry
c/o Office of Regional Inspector
Internal Revenue Service
P.O. Box 6238
Laguna Niguel 92607
CALIFORNIA, USA
Matthew
Finney
c/o Office of Regional Inspector
Internal Revenue Service
P.O. Box 6238
Laguna Niguel 92607
CALIFORNIA, USA
Office of the Chief Counsel
Internal Revenue Service
c/o 24000 Avila Road, #3314
Laguna Niguel 92607
CALIFORNIA, USA
John
S. Gordon
U.S. Department of Justice
c/o 1200 United States Courthouse
312 North Spring Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Alicia
Villarreal
U.S. Department of Justice
c/o 1300 United States Courthouse
312 North Spring Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Brian
Hershman
U.S. Department of Justice
c/o 1300 United States Courthouse
312 North Spring Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Ronald
L. Cheng
U.S. Department of Justice
c/o 1300 United States Courthouse
312 North Spring Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Lawrence
S. Middleton
U.S. Department of Justice
c/o 1200 United States Courthouse
312 North Spring Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Robert
I. Lester
U.S. Department of Justice
Federal Building, Room 7516
300 North Los Angeles Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Leon W. Weidman
U.S. Department of Justice
Federal Building, Room 7516
300 North Los Angeles Street
Los Angeles 90012‑4797
CALIFORNIA, USA
Dean
D. Pregerson
United States District Court
312 North Spring St., Courtroom 3
Los Angeles 90012‑4797
CALIFORNIA, USA
John
A. Chambers
Courtroom Clerk
United States District Court
312 North Spring St., Courtroom 3
Los Angeles 90012‑4797
CALIFORNIA, USA
Beth
Zaccaro
Court Reporter
United States District Court
312 North Spring St., Courtroom 3
Los Angeles 90012‑4797
CALIFORNIA, USA
Gregory Nicolaysen, Esquire [sic]
dba Federal Criminal Defense Attorney
16000 Ventura Boulevard, Suite 500
Encino 91436
CALIFORNIA, USA
Teresa
Giordano
Quality Paralegal Services
c/o 40960 California Oaks Road, Box 281
Murrieta 92562
CALIFORNIA, USA
Courtesy Copies to:
Representative Ron Paul Legislative Branch
U.S. House of Representatives
Washington 20515
DISTRICT OF COLUMBIA, USA
Office of the President Chief Executive Officer:
The White House Executive Branch
1600 Pennsylvania Avenue
Washington 20500
DISTRICT OF COLUMBIA, USA
United States Marshals Service Law Enforcement:
411 West Fourth Street Executive Branch
Santa Ana 92701-4516
CALIFORNIA, USA
United States Marshals Service Law Enforcement:
312 North Spring Street Executive Branch
Los Angeles 90012‑4797
CALIFORNIA, USA
Judge Florence-Marie Cooper District Court:
c/o Alicia Mason, Court Clerk Judicial Branch
255 E. Temple St., 750 Roybal Bldg.
Los Angeles 90012‑4797
CALIFORNIA, USA
Judge Alex Kozinski (supervising) Circuit Court:
Ninth Circuit Court of Appeals Judicial Branch
P.O. Box 91510
Pasadena 91109-1510
CALIFORNIA, USA
Chief Justice William H. Rehnquist Supreme Court:
Supreme Court of the United States Judicial Branch
One First Street, N.E.
Washington 20543-0001
DISTRICT OF COLUMBIA, USA
[See USPS Publication #221 for addressing instructions.]
Dated: June 4, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
“Let’s Dismantle IRS:
This Racket is Busted”
http://www.supremelaw.org/press/rels/dismantle.irs.htm
by
and Qualified Federal Witness
All
Rights Reserved without Prejudice