Paul Andrew Mitchell, B.A., M.S.
Private Attorney General
c/o General Delivery
Sunset Beach 90742
CALIFORNIA, USA
All Rights Reserved
without Prejudice
UNITED STATES COURT OF APPEALS
NINTH CIRCUIT
Lynne Meredith et al., ) No. 01-56873
)
Plaintiffs/Appellants,)
v. )
)
Andrew Erath et al., )
)
Defendants/Appellees. )
)
--------------------------------)
) NOTICE OF MOTION AND MOTION
United States ) FOR PRELIMINARY INJUNCTION:
ex relatione )
Paul Andrew Mitchell, ) Article I, Section 8, Clause 1;
) Article I, Section 9, Clause 7;
Movant. ) Internal Revenue Code § 7809;
) 31 U.S.C. 301(f)(2); and
--------------------------------) FRAP Rules 8(a)(1)(C) and
) 8(a)(2) in pari materia with
Internal Revenue Service, ) FRCP Rules 64 and 65.
)
Respondent. )
)
________________________________)
COMES NOW the United
States (hereinafter “Movant”) ex relatione Paul Andrew Mitchell,
Citizen of ONE OF the United States
of America and Private Attorney General (hereinafter “Relator”) to move
this honorable Court, pursuant to: Rules 8(a)(1)(C) and 8(a)(2) of Federal Rules of
Appellate Procedure (“FRAP”), section (“§”) 7809 of the Internal Revenue Code,
and Article I, Section 8, Clause 1, and Article 1, Section 9, Clause 7, in the
Constitution for the United States of America, as lawfully amended (hereinafter
“U.S. Constitution”), for a preliminary ORDER freezing all of Respondent’s
assets and enjoining Respondent from depositing any tax collections into any
account(s) other than the Treasury of the United States.
Mounting evidence recently confirmed by Movant appears to indicate that Respondent Internal Revenue Service (“IRS”) has been systematically violating section 7809 of the Internal Revenue Code (“IRC”). Said section clearly mandates that:
... collections of whatever nature received or collected by authority of any internal revenue law, shall be paid daily into the Treasury of the United States under instructions of the Secretary as internal revenue collections, by the officer or employee receiving or collecting the same, without any abatement or deduction on account of salary, compensation, fees, costs, charges, expenses, or claims of any description.
[IRC § 7809(a), bold emphasis added]
Statements verified under 28 U.S.C. 1746(1), and filed in federal district court in San Jose, California, Clerk’s Docket #CR‑00‑20227‑JF, suggest that monies collected by IRS personnel have been deposited in a “quad zero” account and left there for at least one (1) full year, without proper accounting. See, for example, Treasury Order 91 (Rev. 1), May 12, 1986.
Monies collected by IRS have also been used in recent years to make cash awards, under color of the Internal Revenue Manual and of a now defunct federal program formerly called the Performance Management and Recognition System (“PMRS”).
PMRS abuses reportedly became so severe, Congress repealed this incentive system in 1993, but serious abuses continued.
A FOIA request for records of all PMRS awards was met with a written admission –- by an IRS Tax Law Specialist -- that few records existed because the awards were paid in cash! See 5 U.S.C. 552; and the Anti-Kickback Act of 1986, 41 U.S.C. 51 et seq. This admission also raised the spectre of widespread federal income tax evasion (a felony) by every recipient of these cash awards, e.g. $25,000.00 per indictment of each “TC-148” aka “illegal tax protester” [sic].
Other mounting evidence, recently confirmed in the U.S. Supreme Court case of Chrysler Corp. v. Brown, 441 U.S. 281 (1979), at footnote 23, makes it clear that IRS was never created by any organic Act of Congress. See 31 U.S.C. in toto, for further confirmation. After tracing IRS genealogy all the way back to 1862 A.D., the high Court still failed to find any organic Act for the IRS. Compare the statute at 1 Stat. 65.
In 1994, the General Accounting Office (“GAO”) reported it was unable to audit $4.3 billion of the $6.7 billion ‑‑ a staggering sixty-four percent -- of its operating funds that IRS reported spending in FY 1992, because IRS could not account for all the money. See “Financial Management: IRS Does Not Adequately Manage Its Operating Funds,” Report to the Commissioner, Internal Revenue Service, February 1994 (Chapter Report, 02/09/94, Report Number GAO/AIMD-94-33).
The situation has not improved since then. In March of 1999, GAO found that pervasive weaknesses in the design and operation of Respondent’s financial management systems, accounting procedures, documentation, recordkeeping, and internal controls prevented GAO from rendering an unqualified opinion on five of IRS’ six principal financial statements. Put simply, they flunked. See “Internal Revenue Service: Results of Fiscal Year 1998 Financial Statement Audit,” March 1, 1999 (Report Number T-AIMD-99-103).
The worst shock of the last century was a startling admission in the final report of the President’s Private Sector Survey on Cost Control, commonly known as the Grace Commission (named after Chairman J. Peter Grace). The Grace Commission concluded that none of the federal income taxes collected by the IRS were being used to pay for any government services!
Instead, those collections are, evidently, being used to service the massive federal debt owed to banks, many of which are foreign banks, and to make income transfer payments to beneficiaries of entitlement programs, e.g. federal pension plans. See “War on Waste: President’s Private Sector Survey on Cost Control,” New York, MacMillan Publishing Company, January 12, 1984 (ISBN 0-02-074660-1).
It is extremely doubtful, if not
impossible, that so much money would show up missing, if IRS were not also
violating IRC § 7809, daily and
as a matter of institutional policy.
Can it be trillions?
Further proof of IRC § 7809 violations can be found on the cancelled checks which untold numbers of taxpayers have submitted to pay federal income taxes since 1913 A.D., along with their completed Form 1040’s -- the U.S. Individual Income Tax Return (not Individual Income [sic]).
All too frequently in the recent past, IRS endorsed these checks payable to “Any F.R.B ... in Payment of U.S. Oblig.”, and not to the Treasury of the United States. See 27 CFR 70.11: definitions of “Commercial bank” and “Treasury Account”; also Lewis v. United States, 680 F.2d 1239 (9th Cir. 1982), holding that Federal Reserve Banks are privately owned entities and not federal agencies; 27 CFR 250.11: “Revenue Agent”, “Secretary” etc. defined; §§ 3(c), 6, 10 of the Bretton Woods Agreements Act, 59 Stat. 512, P.L. 171, July 31, 1945, in “A Decade of American Foreign Policy: Basic Documents, 1941‑49,” prepared at the request of the Senate Committee on Foreign Relations by the Staff of the Committee and the Department of State, Washington, D.C., U.S. GPO (1950); 22 U.S.C. 286a; 31 U.S.C. 5341: national strategy.
Thus, Movant argues that all IRS collections without exception should be paid daily into the Treasury of the United States, as required by Law.
If this is not the case, no matter how large or small the sums of money may be, this Court has the power, authority, and legal obligation to issue a preliminary ORDER, with all deliberate speed, enjoining Respondent IRS from depositing collections of whatever nature into any account(s) other than the Treasury of the United States. See IRC §§ 7809(a), (b), and (d) in pari materia with FRCP Rule 65.
For the purpose of securing satisfaction of the judgment ultimately to be entered in this action, Movant hereby also seeks an immediate ORDER freezing all assets of Respondent IRS, in pari materia with FRCP Rule 64 and executed by other appropriate ORDER(s).
Movant hereby formally offers to prove that Respondent IRS is an alias for Trust #62, domiciled in Puerto Rico under color of the Federal Alcohol Administration. See 31 U.S.C. 1321(a)(62).
Movant also offers to prove that the links between the Internal Revenue Code, the Code of Federal Regulations (“CFR”) for Title 26, and Title 27 of the United States Code (“U.S.C.”), have their historical roots in Prohibition (the Volstead Act), which permitted the petroleum cartel to establish a monopoly in automotive fuels, and permitted the United States to field a federal police force inside the several States of the Union.
Once the monopoly was in place, Prohibition was lifted, leaving alcohol high and dry as the preferred fuel for automobiles, and leaving the federal police force in place -- to extort money from the American People. See, e.g. Pogue Carburetor patent (an efficient fuel vaporizer utilized in Allied tanks fighting field marshal Erwin Rommel in the North Africa campaign during World War II).
Movant formally objects, in advance, to any and all attempts by duly appointed officers of the U.S. Department of Justice to appear on behalf of IRS, to answer the instant MOTION. See 5 U.S.C. 551(1)(C).
Pursuant to 31 U.S.C. 301(f)(2), only the duly appointed IRS Chief Counsel has been delegated lawful power(s) of attorney to appear on behalf of Respondent IRS. Title 31, U.S.C., has been enacted into positive law; Title 26, U.S.C. has not, however.
Similarly, the Solicitor General also appears to lack any lawful power(s) of attorney to appear on behalf of Respondent IRS.
All premises having been duly considered, and in light of the demonstrable national urgency which evidently exists for the above stated reasons, Movant respectfully petitions this honorable United States Court of Appeals for the following preliminary relief:
(1) an ORDER freezing all assets of Respondent IRS, with all deliberate speed, for the purpose of securing satisfaction of the final judgment ultimately to be entered in this matter, pursuant to FRAP Rules 8(a)(1)(C) and 8(a)(2), and in pari materia with FRCP Rule 64;
(2) a preliminary ORDER enjoining Respondent IRS, with all deliberate speed, from depositing monies, received or collected by authority of any internal revenue law, into any account other than the Treasury of the United States, in pari materia with FRCP Rule 65; and,
all other relief which this Court deems just and proper, under the apparently urgent circumstances which have occasioned this MOTION.
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 25, 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):
NOTICE
OF MOTION AND
MOTION
FOR PRELIMINARY INJUNCTION:
Article I, Section 8, Clause 1;
Article I, Section 9, Clause 7;
Internal Revenue Code § 7809;
31 U.S.C. 301(f)(2); and
FRAP Rules 8(a)(1)(C) and 8(a)(2)
in
pari materia with
FRCP Rules 64 and 65.
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 (5x)
Attention: Cathy Catterson
Ninth Circuit Court of Appeals
P.O. Box 193939
San Francisco 94119-3939
CALIFORNIA, USA
Booking #24001112
Federal Detention Center
17645 Industrial Farm Road
Bakersfield 93308
CALIFORNIA, USA
c/o Marcia J. Brewer
300 Corporate Pointe, Suite 330
Culver City 90230
CALIFORNIA, USA
c/o P.O. Box 370
Sunset Beach 90742
CALIFORNIA, USA
21213-B Hawthorne Blvd., #5361
Torrance 90503
CALIFORNIA, USA
c/o Office of Regional Inspector
Internal Revenue Service
P.O. Box 6238
Laguna Niguel 92607
CALIFORNIA, USA
Richard Stack and Darwin Thomas Rebecca
Sparkman
300 North Los Angeles Street Internal Revenue Service
Room 7211, Federal Building 24000 Avila Road, #3314
Los Angeles 90012 Laguna Niguel 92607
CALIFORNIA, USA CALIFORNIA, USA
Gretchen W. Wolfinger Victor
Song
U.S. Department of Justice Internal Revenue Service
Appellate Section 24000 Avila Road, #3314
P.O. Box 502 Laguna Niguel 92607
Washington 20044 CALIFORNIA, USA
DISTRICT OF COLUMBIA, USA
Patricia Mazon
Office of the Chief Counsel
Internal Revenue Service Internal Revenue Service
501 West Ocean Boulevard c/o 24000 Avila Road
Long Beach Laguna Niguel 92607
CALIFORNIA, USA CALIFORNIA, USA
Courtesy Copies to:
950 Pennsylvania Avenue, N.W., Room 5614
Washington 20530-0001
DISTRICT OF COLUMBIA, USA
Judge Alex Kozinski (supervising)
Ninth Circuit Court of Appeals
P.O. Box 91510
Pasadena 91109-1510
CALIFORNIA, USA
[See USPS Publication #221 for addressing instructions.]
Dated: April 25, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General