Donald E. Wishart, Sui Juris

Citizen of California State,

Federal Witness and Victim

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,         ) Docket No. CR-00-20227-JF

                           )

          Cross-Plaintiff, ) THIRD SUPPLEMENT TO CROSS-COMPLAINT

     v.                    ) FOR DECLARATORY AND INJUNCTIVE RELIEF

                           ) AND DAMAGES:

United States,             )

Billy Brown,               ) 28 U.S.C. 544;

Paul Camacho,              ) Article VI, Clause 3.

Don Hallenbeck,            )

Mel Steiner,               )

Dan Sutherland,            )

Colbert Tang,              )

Brian Watson,              )

Ken Whitmore,              )

Bay View Federal Bank,     )

Internal Revenue Service,  )

Jeremy Fogel,              )

Patricia V. Trumbull,      )

Thomas S. DiLeonardo,      )

Robert S. Mueller III,     )

Gregory S. Gordon,         )

John S. Gordon,            )

Ronald A. Cimino,          )

John Paul Reichmuth,       )

and Does 10 thru 100,      )

                           )

          Cross-Defendants.)

This is a civil action for declaratory and injunctive relief, and damages, arising under the Constitution, Laws, and Treaties of the United States, specifically 28 U.S.C. 544 and Article VI, Clause 3, in the Constitution for the United States of America, as lawfully amended (hereinafter “U.S. Constitution”).

 

DOE 4 IS NOW THOMAS S. DiLEONARDO

DOE 5 IS NOW ROBERT S. MUELLER III,

DOE 6 IS NOW GREGORY S. GORDON,

DOE 7 IS NOW JOHN S. GORDON, AND

DOE 8 IS NOW RONALD A. CIMINO

DOES 9 JOHN PAUL REICHMUTH

 

Cross-Plaintiff now formally names Messrs. Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimino and John Paul Reichmuth as formal Cross-Defendants in the instant case, and hereinafter substitutes Thomas S. Dileonardo in place of formerly unnamed Cross-Defendant “Doe 4”, Robert S. Mueller III in place of formerly unnamed Cross-Defendant “Doe 5”, Gregory S. Gordon in place of formerly unnamed Cross-Defendant “Doe 6”, John S. Gordon in place of formerly unnamed Cross-Defendant “Doe 7”, Ronald A. Cimino in place of formerly unnamed Cross-Defendant “Doe 8”, and John Paul Reichmuth in place of formerly unnamed Cross-Defendant “Doe 9”.

 

AFFIDAVIT OF DEFAULT

AND OF PROBABLE CAUSE

1.   Donald E. Wishart (hereinafter “Affiant” and/or “Cross-Plaintiff”) is of lawful age, possessing sound mind, and is competent to state the matters set forth herein;  and,

2.   This Affiant has Personal knowledge of the facts stated herein;  and,

3.   All the facts stated herein are true, correct, and certain, admissible as evidence and, if called upon as a witness, this Affiant will testify to their veracity;  and,

4.   This Affiant presents this Affidavit as the highest form of prima facie evidence in these matters;  and,

5.   This Affidavit is submitted pursuant to F.R.C.P., Title 28, Rule 56(e), and stands as prima facie evidence unless rebutted pursuant to F.R.C.P., Title 28, Rule 56(g);  and,

6.   This AFFIDAVIT pertains to DISCOVERY under said Criminal Case supra;  and now,

 

Affiant states as follows:

7.   On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful Freedom of Information Act (“FOIA”) request for a certified copy of the Appointment Affidavit and Oath of Office executed by Thomas S. DiLeonardo, and all provisions in the Constitution for the United States of America, as lawfully amended to date;  and,

8.   A true and correct copy of the FOIA request described in Paragraph 7. above, is attached as Attachment “A” and incorporated by reference, as if set forth fully herein;  and,

9.   On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA request for a certified copy of the Appointment Affidavit and Oath of Office executed by Robert S. Mueller III, and all provisions in the Constitution for the United States of America, as lawfully amended to date;  and,

10.  A true and correct copy of the FOIA request described in Paragraph 9. above, is attached as Attachment “B” and incorporated by reference, as if set forth fully herein;  and,

11.  On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA request for a certified copy of the Appointment Affidavit and Oath of Office executed by Gregory S. Gordon, and all provisions in the Constitution for the United States of America, as lawfully amended to date;  and,

12.  A true and correct copy of the FOIA request described in Paragraph 11. above, is attached as Attachment “C” and incorporated by reference, as if set forth fully herein;  and,

13.  On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA request for a certified copy of the Appointment Affidavit and Oath of Office executed by John S. Gordon, and all provisions in the Constitution for the United States of America, as lawfully amended to date;  and,

14.  A true and correct copy of the FOIA request described in Paragraph 13. above, is attached as Attachment “D” and incorporated by reference, as if set forth fully herein;  and,

15.  On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA request for a certified copy of the Appointment Affidavit and Oath of Office executed by Ronald A. Cimino, and all provisions in the Constitution for the United States of America, as lawfully amended to date;  and,

16.  A true and correct copy of the FOIA request described in Paragraph 15. above, is attached as Attachment “E” and incorporated by reference, as if set forth fully herein;  and,

17.  On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA request for a certified copy of the Appointment Affidavit and Oath of Office executed by John Paul Reichmuth, and all provisions in the Constitution for the United States of America, as lawfully amended to date;  and,

18.  A true and correct copy of the FOIA request described in Paragraph 17. above, is attached as Attachment “F” and incorporated by reference, as if set forth fully herein;  and,

19.  On September 21, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA appeal, corresponding to His FOIA request for the Oath of Office and Appointment Affidavit of Thomas S. DiLeonardo;  and,

20.  A true and correct copy of the FOIA appeal described in Paragraph 19. above, is attached as Attachment “G” and incorporated by reference, as if set forth fully herein;  and,

21.  On September 21, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA appeal, corresponding to His FOIA request for the Oath of Office and Appointment Affidavit of Robert S. Mueller III;  and,

22.  A true and correct copy of the FOIA appeal described in Paragraph 21. above, is attached as Attachment “H” and incorporated by reference, as if set forth fully herein;  and,

23.  On September 21, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA appeal, corresponding to His FOIA request for the Oath of Office and Appointment Affidavit of Gregory S. Gordon;  and,

24.  A true and correct copy of the FOIA appeal described in Paragraph 23. above, is attached as Attachment “I” and incorporated by reference, as if set forth fully herein;  and,

25.  On September 21, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA appeal, corresponding to His FOIA request for the Oath of Office and Appointment Affidavit of John S. Gordon;  and,

26.  A true and correct copy of the FOIA appeal described in Paragraph 25. above, is attached as Attachment “J” and incorporated by reference, as if set forth fully herein;  and,

27.  On September 21, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA appeal, corresponding to His FOIA request for the Oath of Office and Appointment Affidavit of Ronald A. Cimino;  and,

28.  A true and correct copy of the FOIA appeal described in Paragraph 27. above, is attached as Attachment “K” and incorporated by reference, as if set forth fully herein;

29.  On September 21, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His lawful FOIA appeal, corresponding to His FOIA request for the Oath of Office and Appointment Affidavit of John Paul Reichmuth;  and,

30.  A true and correct copy of the FOIA appeal described in Paragraph 29. above, is attached as Attachment “L” and incorporated by reference, as if set forth fully herein;  and,

31.  On October 4, 2000 A.D., Affiant received an uncertified copy of a document headed “APPOINTMENT AFFIDAVITS” [sic], purporting to be an Appointment Affidavit for Thomas S. DiLeonardo;  and,

32.  A true and correct copy of the uncertified document described in Paragraph 31. above, is attached as Attachment “M” and incorporated by reference, as if set forth fully herein;  and,

33.  On October 4, 2000 A.D., Affiant received an uncertified copy of a document headed “APPOINTMENT AFFIDAVITS” [sic], purporting to be an Appointment Affidavit for Gregory S. Gordon;  and,

34.  A true and correct copy of the uncertified document described in Paragraph 33. above, is attached as Attachment “N” and incorporated by reference, as if set forth fully herein;  and,

35.  On October 4, 2000 A.D., Affiant received an uncertified copy of a document headed “APPOINTMENT AFFIDAVITS” [sic], purporting to be an Appointment Affidavit for Ronald A. Cimino;  and,

36.  A true and correct copy of the uncertified document described in Paragraph 35. above, is attached as Attachment “O” and incorporated by reference, as if set forth fully herein;  and,

37.  On October 4, 2000 A.D., in a letter addressed to Mr. J. Brian Ferrel, Senior Division Counsel for FOIA and PA Matters, U.S. Department of Justice, Tax Division, Washington, D.C., Affiant refused said “APPOINTMENT AFFIDAVITS” [sic] as described in Paragraphs 31, 33, and 35 above, because said copies were not certified, as requested in the original FOIA requests described above;  and,

38.  A true and correct copy of the letter described in Paragraph 37. above, is attached as Attachment “P” and incorporated by reference, as if set forth fully herein;  and,

39.  As of 5:01 p.m. on Friday, October 20, 2000 A.D., Affiant had not received any certified copies of any valid Oath(s) of Office duly executed by Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimono or John Paul Reichmuth;  and,

40.  As of 5:01 p.m. on Friday, October 20, 2000 A.D., Affiant had not received any certified copies of any Form 61 Appointment Affidavit(s) duly executed by Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimono or John Paul Reichmuth;  and,

41.  As of 5:01 p.m. on Friday, October 20, 2000 A.D., Affiant had not received any certified copies of any provisions in the Constitution for the United States of America, as lawfully amended;  and,

42.  Accordingly, Affiant now proceeds on the basis of the presumptions that Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimino and John Paul Reichmuth have each failed to execute a valid Oath of Office, as required by Article VI, Clause 3, in the U.S. Constitution and by 28 U.S.C. 544, and that no valid Oaths of Office exist for Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimino, or John Paul Reichmuth, as required by Article VI, Clause 3 in the U.S. Constitution, and by 28 U.S.C. 544.

Further Affiant sayeth naught.

 

MIRANDA WARNING

Messrs. Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimino, and John Paul Reichmuth, 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. 2, 1512, 1513, 1964, and 3231, in chief.

 

REMEDY REQUESTED

All premises having been duly considered, and in light of Cross-Plaintiff’s AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE verified infra, Cross-Plaintiff respectfully petitions this honorable Court for:

(1)  an ORDER to Messrs. Thomas S. DiLeonardo, Robert S. Mueller III, Gregory S. Gordon, John S. Gordon, Ronald A. Cimino, and John Paul Reichmuth to show cause why each should not be charged with willful misrepresentation, in violation of 28 U.S.C. 530B;  impersonating a federal officer, in violation of 18 U.S.C. 912;  deprivation of Cross-Plaintiff’s fundamental Rights, in violation of 18 U.S.C. 242;  conspiracy to deprive Cross-Plaintiff’s fundamental Rights, in violation of 18 U.S.C. 241;  major fraud against the United States, in violation of 18 U.S.C. 1031;  and racketeering, and conspiracy to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1962;  and,

(2)  all other relief which this Court deems just and proper, under the circumstances which have occasioned this COMPLAINT.

 

VERIFICATION

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, and that the attached documents are true and correct copies of the corresponding originals, with the sole exception of the original blue-ink signatures, which signatures I hereby attach by proxy, 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 are supreme Law of the Land).

 

Dated:  October 20, 2000 A.D.

 

 

Time:  5:01 p.m. (17:01 hours) Pacific Daylight Time (“PDT”)

 

 

Respectfully submitted,

 

/s/ Donald E. Wishart

 

Donald E. Wishart, Sui Juris

Citizen of California State,

Federal Witness and Victim

(18 U.S.C. 1512, 1513)

 

All Rights Reserved without Prejudice

 

 

PROOF OF SERVICE

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):

 

THIRD SUPPLEMENT TO CROSS-COMPLAINT

FOR DECLARATORY AND INJUNCTIVE RELIEF

AND DAMAGES:

28 U.S.C. 544;

Article VI, Clause 3.

 

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:

 

Robert S. Mueller III             John S. Gordon

Office of the U.S. Attorney       Office of the U.S. Attorney

280 South First St., Suite 371    312 North Spring Street

San Jose [ZIP code exempt]        Los Angeles [ZIP code exempt]

CALIFORNIA, USA                   CALIFORNIA, USA

 

Thomas S. DiLeonardo              Ronald A. Cimino

Department of Justice, Tax Div.   Department of Justice, Tax Div.

West. 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

 

John Paul Reichmuth               Billy Brown

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             Chief Counsel

Attention:  Legal Department      Internal Revenue Service

2121 South El Camino Real         1111 Constitution Ave., N.W.

San Mateo [ZIP code exempt]       Washington [ZIP code exempt]

CALIFORNIA, USA                   DISTRICT OF COLUMBIA, USA

 

Jeremy Fogel                      Patricia V. Trumbull

c/o Clerk of Court                c/o Clerk of Court

280 S. First Street, Rm. 2112     280 S. First Street, Rm. 2112

San Jose [ZIP code exempt]        San Jose [ZIP code exempt]

CALIFORNIA, USA                   CALIFORNIA, USA

 

Gregory S. Gordon

Department of Justice, Tax Div.

Western Criminal Enforcement Sec.

600 “E” St., N.W., Room 5712

Washington [ZIP code exempt]

DISTRICT OF COLUMBIA, USA

 

 

Executed on October 20, 2000 A.D.

 

Time:  5:01 p.m. (17:01 hours) PDT

 

/s/ Donald E. Wishart

 

Donald E. Wishart, Sui Juris

Citizen of California State,

Federal Witness and Victim

(18 U.S.C. 1512, 1513)

 

All Rights Reserved without Prejudice

 

 

Attachment “A”:

FOIA Request for Credentials of

Thomas S. DiLeonardo

 

 

Attachment “B”:

FOIA Request for Credentials of

Robert S. Mueller III

 

 

Attachment “C”:

FOIA Request for Credentials of

Gregory S. Gordon

 

 

Attachment “D”:

FOIA Request for Credentials of

John S. Gordon

 

 

Attachment “E”:

FOIA Request for Credentials of

Ronald A. Cimino

 

 

Attachment “F”:

FOIA Request for Credentials of

John Paul Reichmuth

 

 

Attachment “G”:

FOIA Appeal for Credentials of

Thomas S. DiLeonardo

 

 

Attachment “H”:

FOIA Appeal for Credentials of

Robert S. Mueller III

 

 

Attachment “I”:

FOIA Appeal for Credentials of

Gregory S. Gordon

 

 

Attachment “J”:

FOIA Appeal for Credentials of

John S. Gordon

 

 

Attachment “K”:

FOIA Appeal for Credentials of

Ronald A. Cimino

 

 

Attachment “L”:

FOIA Appeal for Credentials of

John Paul Reichmuth

 

 

Attachment “M”:

Uncertified Appointment Affidavit for

Thomas S. DiLeonardo

 

 

Attachment “N”:

Uncertified Appointment Affidavit for

Gregory S. Gordon

 

 

Attachment “O”:

Uncertified Appointment Affidavit for

Ronald A. Cimino

 

 

Attachment “P”:

Letter Refusing Uncertified Documents