Donald E. Wishart, Sui Juris
Citizen of California State
and Federal Witness
c/o 5150 Graves Avenue, Suite 12-C
San Jose [ZIP code exempt]
CALIFORNIA, USA
In Propria Persona
All Rights Reserved
without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF CALIFORNIA
Donald E. Wishart, ) Case No. CR-00-20227-JF
)
Cross-Plaintiff, ) VERIFIED CROSS-COMPLAINT FOR
v. ) DECLARATORY
AND INJUNCTIVE RELIEF
) AND MONETARY DAMAGES:
United States, ) 18 U.S.C. 241, 242, 1512, 1513,
Billy Brown, ) 1962, 1964(a), 3231 and 3691;
Paul Camacho, ) 28 U.S.C. 1331, 1346(a)(1), 1746,
Don Hallenbeck, ) 2201, and 2202
Mel Steiner, )
Dan Sutherland, )
Colbert Tang, ) JURY TRIAL DEMANDED:
Brian Watson, )
Ken Whitmore, ) Arising Under Clause;
Bay View Federal Bank, ) Supremacy Clause;
and Does 1 thru 100, ) First Amendment;
) Fifth Amendment; and,
Cross-Defendants.) Seventh Amendment.
This is a civil action for declaratory and
injunctive relief, and for monetary damages, arising under the Constitution, Laws, and Treaties of the United States,
specifically for numerous violations of 18 U.S.C. 242, 241, 1962, and other
criminal statutes specified infra.
Cross-Plaintiff hereby petitions this honorable Court for
declaratory and injunctive relief, and monetary damages to be awarded by jury
verdict. Proceeding in His Proper
Person, Cross-Plaintiff timely demands trial by a jury lawfully convened. See Seventh Amendment.
This District Court of the United States (“DCUS”) has original jurisdiction over this action, under 18 U.S.C. §§ 1512, 1513, 1964(a), 3231, 3691 and 28 U.S.C. §§ 1331, 1346(a)(1), 1652, 2201, and 2202. Also, there is extraterritorial federal jurisdiction over an offense against 18 U.S.C. §§ 1512 and 1513.
Cross-Plaintiff hereby formally reserves His fundamental Right to petition this honorable Court for leave to institute criminal proceedings, as Private Attorney General, pending final judgment(s) and civil verdict(s) in the instant civil action.
Cross-Plaintiff also wishes to inform this honorable Court of the imminent likelihood that the People of the United States of America ex relatione Paul Andrew Mitchell, B.A., M.S. (“Applicant”), will apply for Intervention of Right in the instant civil case, due in part to Applicant’s specific intent to challenge the constitutionality of the accommodation provisions in the Uniform Commercial Code (“U.C.C.”), enacted as federal municipal law on December 30, 1963, 77 Stat. 630, P.L. 88-243. See 16 Stat. 419, 426, Sec. 34 (1871); 18 C.J. 1358.
The United States is a named Cross-Defendant in the instant civil case because of an apparent conflict between said accommodation provisions and the Fifth Amendment in the Constitution for the United States of America, as lawfully amended (“U.S. Constitution”). See Supremacy Clause. For this reason, the Office of Solicitor General has been served with a courtesy copy of this initial COMPLAINT, although the Solicitor General has not yet been formally summoned to appear. Cross-Plaintiff hereby waives any objection to formal intervention by the Solicitor General in the instant case.
INCORPORATION OF AFFIDAVITS
Cross-Plaintiff hereby attaches each of the following Affidavits and incorporates same by reference, as if set forth fully herein:
Exhibit “A”:
Date Description
3/15/1995 Affidavit
of Donald E. Wishart in Donald E. Wishart v.
Agents for International Monetary Fund et al., USDC,
N.D. Calif. (San Jose), Admiralty Case No. C-95-20178
Exhibit “B”:
Date Description
7/23/1996 Written Request for Verified Determination of Status
for Tax Purposes, with attachment:
Affidavit of Points and Authorities Supporting Claim
that Absolute Sovereignty in these United States of
America Resides in the People/Citizens
Exhibit “C”:
Date Description
9/6/1996 Appeal Alleging Procedural Errors in the Filing of
Notice of Tax Lien; Demand for Release of Erroneously
Filed Tax Lien
Exhibit “D”:
Date Description
9/26/1996 Affidavit of Contents and Exhibits Submitted as a part
of and in Support of Refusal for Fraud and in Support
of Information for Criminal Prosecution, Pursuant
Title 18 USC Rule 7, and Title 18 § 4 (first edition)
Exhibit “E”:
Date Description
9/26/1996 Affidavit of Tax-Exempt Foreign Status; Actual and
Constructive
Notice and Demand Under Title 42 U.S.C.
1986 for Knowledge of the Law
Exhibit “F”:
Date Description
9/26/1996 Letter to Billy Brown, District Director, IRS,
Re: “Comptroller Warrants” submitted to Discharge
alleged “IRS Tax Debt” and/or “Other Debt”
Exhibit “G”:
Date Description
10/3/1996 Letter to the Following Entities:
House Committee on Governmental Reform and Oversight,
Sub-committee on National Security; Department of the
Inspector General; Senator Diane Feinstein; Senator Barbara Boxer, with attachment:
Affidavit of Contents and Exhibits Submitted as a part
of and in Support of Refusal for Fraud and in Support
Information for Criminal Prosecution, Pursuant
Title 18 USC Rule 7, and Title 18 § 4 (second edition)
Exhibit “H”:
Date Description
4/28/1997 Certified Copy of Complete Docket File in Donald Wishart, Whistleblower v. Paul Camancho [sic] and Brian Watson, DCUS, N.D. Calif. (San Jose), Case No.
Billy Brown with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3)
Racketeering and conspiracy
to engage in a pattern of racketeering activity through collection of an
unlawful debt, in violation of 18 U.S.C. 1962(a)
& (d) (one count);
(4) Using the mail and a facility in interstate
commerce, with intent to distribute the proceeds of an unlawful activity, and
otherwise promote, manage, establish, carry on, and facilitate the promotion,
management, establishment, and carrying on, of an unlawful activity, by
extortion in violation of the laws of the State of California and of the United
States, in violation of 18
U.S.C. 1952 (one count);
(5)
Having devised a
scheme or artifice to defraud and obtain money or property by means of false or
fraudulent pretenses, representations, or promises, for the purpose of
executing such scheme or artifice or attempting so to do, placing in a post
office or authorized depository for mail, matters or other things to be sent or
delivered by the Postal Service, in violation of 18 U.S.C. 1341 (one
count);
(6)
Falsely assuming or
pretending to be an officer or employee acting under the authority of the United
States or any department, agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Paul Camacho with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3)
Racketeering and
conspiracy to engage in a pattern of racketeering activity through collection
of an unlawful debt, in violation of 18 U.S.C. 1962(a)
& (d) (one count);
(4) Falsely assuming or pretending to be an
officer or employee acting under the authority of the United States or any
department, agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Don Hallenbeck with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 241 (one count);
(3) Racketeering and conspiracy to engage in a
pattern of racketeering activity through collection of an unlawful debt, in
violation of 18 U.S.C.
1962(a) & (d) (one count);
(4) Falsely assuming or pretending to be an
officer or employee acting under the authority of the United States or any
department, agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Mel Steiner with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3) Racketeering and conspiracy to engage in a pattern of racketeering activity through collection of an unlawful debt, in violation of 18 U.S.C. 1962(a) & (d) (one count);
(4) Using the mail and a facility in interstate commerce, with intent to distribute the proceeds of an unlawful activity, and otherwise promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on, of an unlawful activity, by extortion in violation of the laws of the State of California and of the United States, in violation of 18 U.S.C. 1952 (one count);
(5) Having devised a scheme or artifice to defraud
and obtain money or property by means of false or fraudulent pretenses,
representations, or promises, for the purpose of executing such scheme or
artifice or attempting so to do, placing in a post office or authorized
depository for mail, matters or other things to be sent or delivered by the
Postal Service, in violation of 18 U.S.C. 1341 (one
count);
(6) Falsely assuming or pretending to be an
officer or employee acting under the authority of the United States or any department,
agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Dan Sutherland with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3) Racketeering and conspiracy to engage in a pattern of racketeering activity through collection of an unlawful debt, in violation of 18 U.S.C. 1962(a) & (d) (one count);
(4) Using the mail and a facility in interstate commerce, with intent to distribute the proceeds of an unlawful activity, and otherwise promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on, of an unlawful activity, by extortion in violation of the laws of the State of California and of the United States, in violation of 18 U.S.C. 1952 (one count);
(5) Making a false declaration, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, in a case under title 11, in violation of 18 U.S.C. 152 (one count);
(6) Having devised a scheme or artifice to defraud and obtain money or property by means of false or fraudulent pretenses, representations, or promises, for the purpose of executing such scheme or artifice or attempting so to do, placing in a post office or authorized depository for mail, matters or other things to be sent or delivered by the Postal Service, in violation of 18 U.S.C. 1341 (one count);
(7) Knowingly
depositing in a post office or authorized depository for mail matter, or
causing to be delivered by the Postal Service according to the direction
thereon, a written communication addressed to Cross-Plaintiff containing a
threat to injure His property and reputation, with the intent to extort money
from Cross-Plaintiff, violation of 18 U.S.C. 876 (one
count);
(8) Falsely assuming or pretending to be an officer
or employee acting under the authority of the United States or any department,
agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Colbert Tang with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3) Racketeering and conspiracy to engage in a pattern of racketeering activity through collection of an unlawful debt, in violation of 18 U.S.C. 1962(a) & (d) (one count);
(4) Using the mail and
a facility in interstate commerce, with intent to distribute the proceeds of an
unlawful activity, and otherwise promote, manage, establish, carry on, and
facilitate the promotion, management, establishment, and carrying on, of an
unlawful activity, by extortion in violation of the laws of the State of
California and of the United States, in violation of 18 U.S.C. 1952 (one
count);
(5) Making a false declaration, verification, or
statement under penalty of perjury as permitted under section 1746 of title
28, United States Code, in a case under title 11, in violation of 18 U.S.C. 152 (one
count);
(6) Falsely assuming or pretending to be an
officer or employee acting under the authority of the United States or any
department, agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Brian Watson with:
(1) Deprivation of Cross-Plaintiff’s fundamental Rights,
in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3) Racketeering and conspiracy to engage in a pattern of racketeering activity through collection of an unlawful debt, in violation of 18 U.S.C. 1962(a) & (d) (one count);
(4) Using the mail and a facility in interstate commerce, with intent to distribute the proceeds of an unlawful activity, and otherwise promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on, of an unlawful activity, by extortion in violation of the laws of the State of California and of the United States, in violation of 18 U.S.C. 1952 (one count);
(5)
Falsely assuming or
pretending to be an officer or employee acting under the authority of the
United States or any department, agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Ken Whitmore with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3) Racketeering and conspiracy to engage in a pattern of racketeering activity through collection of an unlawful debt, in violation of 18 U.S.C. 1962(a) & (d) (one count);
(4) Using the mail and a facility in interstate commerce, with intent to distribute the proceeds of an unlawful activity, and otherwise promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on, of an unlawful activity, by extortion in violation of the laws of the State of California and of the United States, in violation of 18 U.S.C. 1952 (one count);
(5) Making a false, fictitious, or fraudulent statement or representation in a matter within the jurisdiction of a department or agency of the United States, in violation of 18 U.S.C. 1001 (one count);
(6) Having devised a
scheme or artifice to defraud and obtain money or property by means of false or
fraudulent pretenses, representations, or promises, for the purpose of
executing such scheme or artifice or attempting so to do, placing in a post
office or authorized depository for mail, matters or other things to be sent or
delivered by the Postal Service, in violation of 18 U.S.C. 1341 (one
count);
(7) Falsely assuming or pretending to be an
officer or employee acting under the authority of the United States or any
department, agency or officer thereof, in violation of 18 U.S.C. 912 (one
count); and,
Bay View Federal Bank with:
(1) Deprivation of Cross-Plaintiff’s fundamental
Rights, in violation of 18
U.S.C. 242 (one count);
(2) Conspiracy to deprive Cross-Plaintiff’s
fundamental Rights, in violation of 18 U.S.C. 241 (one
count);
(3) Racketeering and conspiracy to engage in a pattern of racketeering activity through collection of an unlawful debt, in violation of 18 U.S.C. 1962(a) & (d) (one count);
(4) Publishing, divulging, disclosing and making known, in a manner and extent not authorized by law, information coming to bank officers and employees in the course of their employment or official duties, concerning Cross-Plaintiff’s identity, confidential statistical data, amount and source(s) of gross receipts, income, profits, losses, and expenditures, in violation of 18 U.S.C. 1905 (one count); and,
Does 1 thru 100 with:
18 U.S.C. 4. Misprision of felony
(one or more counts);
18 U.S.C. 152. Concealment of assets; false oaths and
claims; bribery (one or more counts);
18 U.S.C. 241. Conspiracy against Rights
(one or more counts);
18 U.S.C. 242. Deprivation of Rights under color of law
(one or more counts);
18 U.S.C. 471. Obligations or securities of United States
(one or more counts);
18 U.S.C. 472. Uttering counterfeit obligations or
securities (one or more counts);
18 U.S.C. 473. Dealing in counterfeit obligations or
securities (one or more counts);
18 U.S.C. 513. Securities of the States and private entities
(one or more counts);
18 U.S.C. 872. Extortion by officers or employees of the
United States (one or more counts);
18 U.S.C. 876. Mailing threatening communications
(one or more counts);
18 U.S.C. 912. Officer or employee of the United States
(one or more counts);
18 U.S.C. 951. Agents of foreign governments
(one or more counts);
18 U.S.C. 1001. Statements or entries generally
(one or more counts);
18 U.S.C. 1016. Acknowledgement of appearance or oath
(one or more counts);
18 U.S.C. 1018. Official certificates or writings
(one or more counts);
18 U.S.C. 1091. Genocide (one or more counts);
18 U.S.C. 1341. Frauds and swindles
(one or more counts);
18 U.S.C. 1505. Obstruction of proceedings before
departments, agencies, and committees
(one or more counts);
18 U.S.C. 1512. Tampering with a witness, victim, or an
informant (one or more counts);
18 U.S.C. 1513. Retaliating against a witness, victim, or an
informant (one or more counts);
18 U.S.C. 1621. Perjury generally
(one or more counts);
18 U.S.C. 1622. Subornation of perjury
(one or more counts);
18 U.S.C. 1623. False declarations before grand jury or court
(one or more counts);
18 U.S.C. 1905. Disclosure of confidential information
generally (one or more counts);
18 U.S.C. 1962. Prohibited activities (racketeering);
(one or more counts);
18 U.S.C. 2236. Searches without warrant
(one or more counts); and,
18 U.S.C. 2320. Trafficking in counterfeit goods or services
(one or more counts).
Messrs. Billy Brown, Paul Camacho, Don
Hallenbeck, Mel Steiner, Dan Sutherland, Colbert Tang, Brian Watson, and Ken
Whitmore, pursuant to the holding of the U.S. Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966), formal NOTICE is hereby
given to you that you have the Right to remain silent, under the Fifth Amendment; you have the right to assistance of Counsel,
under the Sixth Amendment; and, any thing which you say, or do, from
this point forward, can and will be held against you in this Court of
Law. See 18 U.S.C. 3231, in
chief.
I, Donald E. Wishart, 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 in pari materia with all provisions of Title 28, U.S.C. (Constitution, Laws and Treaties of the United States).
Dated: September 19, 2000 A.D.
Respectfully submitted,
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice
I, Donald E. Wishart, 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):
VERIFIED
CROSS-COMPLAINT FOR
AND MONETARY
DAMAGES:
Arising Under Clause; Supremacy Clause;
First Amendment; Fifth Amendment;
and Seventh Amendment.
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:
Office of the U.S. Attorney Office of the U.S. Attorney
280 South First St., Ste. 371 312 North Spring Street
San Jose [ZIP code exempt] Los Angeles [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Department of Justice, Tax Div. Department of Justice, Tax Div.
Western Criminal Enforcement Sec. West. Criminal Enforcement Sec.
600 “E” St., N.W., Room 5712 600 “E” St., N.W., Room 5712
Washington [ZIP code exempt] Washington [ZIP code exempt]
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Public Defender’s Office Internal Revenue Service
160 W. Santa Clara St., Ste. 575 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Paul Camacho Don Hallenbeck
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Mel Steiner Colbert Tang
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Brian
Watson Ken
Whitmore
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Dan Sutherland Solicitor General
Internal Revenue Service U.S. Dept. of Justice
55 South Market Street 10th & Constitution, N.W.
San Jose [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Bay View
Federal Bank
Attention: Legal Department
2121 South El Camino Real
San Mateo [ZIP code exempt]
CALIFORNIA,
USA
Executed on September 19, 2000 A.D.
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice
Exhibit “A”:
Date Description
3/15/1995 Affidavit
of Donald E. Wishart in Donald E. Wishart v.
Agents for International Monetary Fund et al., USDC,
N.D. Calif. (San Jose), Admiralty Case No. C-95-20178
Exhibit “B”:
Date Description
7/23/1996 Written Request for Verified Determination of Status
for Tax Purposes, with attachment:
Affidavit of Points and Authorities Supporting Claim
that Absolute Sovereignty in these United States of
America Resides in the People/Citizens
Exhibit “C”:
Date Description
9/6/1996 Appeal Alleging Procedural Errors in the Filing of
Notice of Tax Lien; Demand for Release of Erroneously
Filed Tax Lien
Exhibit “D”:
Date Description
9/26/1996 Affidavit of Contents and Exhibits Submitted as a part
of and in Support of Refusal for Fraud and in Support
of Information for Criminal Prosecution, Pursuant
Title 18 USC Rule 7, and Title 18 § 4 (first edition)
Exhibit “E”:
Date Description
9/26/1996 Affidavit of Tax-Exempt Foreign Status; Actual and
Constructive
Notice and Demand Under Title 42 U.S.C.
1986 for Knowledge of the Law
Exhibit “F”:
Date Description
9/26/1996 Letter to Billy Brown, District Director, IRS,
Re: “Comptroller Warrants” submitted to Discharge
alleged “IRS Tax Debt” and/or “Other Debt”
Exhibit “G”:
Date Description
10/3/1996 Letter to the Following Entities:
House Committee on Governmental Reform and Oversight,
Sub-committee on National Security; Department of the
Inspector General; Senator Diane Feinstein; Senator Barbara Boxer, with attachment:
Affidavit of Contents and Exhibits Submitted as a part
and in Support of Refusal for Fraud and in Support
of Information for Criminal Prosecution, Pursuant
Title 18 USC Rule 7, and Title 18 § 4 (second edition)
Exhibit “H”:
Date Description
4/28/1997 Certified Copy of Complete Docket File in Donald Wishart, Whistleblower v. Paul Camancho [sic] and Brian Watson, DCUS, N.D. Calif. (San Jose), Case No.