Time: Wed Nov 13 10:22:05 1996 To: Libertarian Students at the University of Arizona <LIBERTARIANS@LISTSERV.ARIZONA.EDU> From: Paul Andrew Mitchell [address in tool bar] Subject: The Kick-Back Racket Cc: Bcc: At 10:06 AM 11/13/96 -0700, you wrote: >At 09:01 PM 11/12/96 -0700, you wrote: >> The Kick-Back Racket: >> Performance Management and >> Recognition System >> >Fascinating, Paul! I really wish this would turn out to be true. Dear Libertarian Students at UofA: I submitted a FOIA request to IRS for all PMRS records, and they responded with a request for specific years, and with an admission that some records do not exist, because the awards were paid in cash. Transcription follows: [This text is formatted in Courier 11, non-proportional spacing.] Department of the Treasury Internal Revenue Service Washington, D.C. 20224 September 12, 1996 Mr. Paul A. Mitchell Person to Contact: 2509 North Campbell - #1776 M. Zolton Tucson, AZ 85719 Telephone Number: (202) 622-6250 Refer Reply to: 96-1911 Dear Mr. Mitchell: This is in reponse to your July 26, 1996, Freedom of Information Act (FOIA) request for all financial records of the Performance Management and Recognition System (PMRS). Your request was forwarded to us by the Office of Disclosure Services, Department of the Treasury, so that we can respond to you directly. We apologize for the delay in responding. Unfortunately, your request is not specific enough to allow us to conduct a search for the records that are of interest to you. For example, you have not stated the years for which you are interested in obtaining records. Please be advised that the PMRS has not existed for the last 3 years. In addition, it is our understanding that awards made under PMRS took the form of cash payments or quality step in-grade promotions. Therefore, the types of financial records associated with awards made under PMRS did not include the kinds of records mentioned in your request. It would be helpful if you could be more specific in descibing the desired records. Accordingly, you may wish to reformulate your request to assist us in finding the responsive material. If you decide to do so, your perfected request will receive our close attention. Sincerely yours, /s/ Mark L. Zolton Tax Law Specialist FOIA Branch # # # c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA REPUBLIC September 19, 1996 Mark L. Zolton Tax Law Specialist FOIA Branch "Internal Revenue Service" Washington [zip code exempt] DISTRICT OF COLUMBIA Subject: FOIA for PMRS Records Your Ref. No. 96-1911 Dear Mr. Zolton: Thank you for your letter to Me, dated September 12, 1996. In that letter, you say that We failed to state the years for which We are interested in obtaining records. In answer to that point: We want records for the years 1776 Anno Domini through and including 2020 Anno Domini. The latter year (2020) appears on the IRS assessment records for a client of mine. Under oath, the IRS agent who signed these records testified that this date (2020) was not a mistake. We are desirous of obtaining any and all financial records associated with the PMRS, including but not limited to the names of all persons who received any kind of "recognition" from this system, e.g. the President as mentioned in the Internal Revenue Manual page in question, employees of the federal government, and all others, without exception. We presume the IRM reference is to the President of the United States. Your records should confirm whether or not any Presidents of the United States have received any "recognition" from this system, how much, when, and which ones. See Article II, Section 1, Clause 7. Thank you very much for your consideration. Sincerely yours, /s/ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law # # # c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA REPUBLIC November 5, 1996 Mr. Gerald R. Ryan Special Assistant Assistant Chief Counsel Disclosure Litigation Department of the Treasury "Internal Revenue Service" Washington, D.C. Subject: FOIA for PMRS records Control Number: 249346-96 Dear Mr. Ryan: Thank you for your letter to me, dated October 24, 1996. As you can see from my original FOIA request, dated July 26, 1996, (copy attached), I requested certified copies of the PMRS records. My FOIA appeal was based, in part, on your organization's failure to provide certified copies, so as to render them admissible in a court of law, if necessary. Secondly, Mr. Mark L. Zolton, Tax Law Specialist in the FOIA Branch, wrote to me on September 12, 1996, explaining that my original FOIA request was not specific enough to allow you to conduct a search for the records that are of interest to me. A transcription of his letter is attached, for your information. Evidently, Mr. Zolton needed specific years for which I was interested in obtaining records. I timely responded to Mr. Zolton in writing on September 19, 1996 (see attached). Thirdly, Mr. Zolton's letter contained an amazing admission that awards made under PMRS took the form of cash payments or quality step in-grade promotions. If there are no records of said cash payments, this raises the ugly specter of widespread federal income tax evasion by recipients of these cash payments, including possibly the President. The American People have a right to know who received these cash payments, when, and how much. The FOIA imposes no requirement upon me to demonstrate relevance or materiality of these records, however. Therefore, I am entirely unsatisfied with the response(s) of your organization to date, and demand that you refrain from closing your administrative appeal file in this matter. Finally, please be advised that I do not accept U.S. mail from the federal government, or from any of its agencies, assigns, colorable trusts, or instrumentalities, with two-letter federal abbreviations (e.g. "AZ") or with unqualified ZIP codes. Since you may not have known this, I have made an exception solely for the purpose of explaining my position and future intent to you. This is to inform you that I will refuse any such mail from you in the future, unless it is directed to the correct mailing location shown above. Please see USPS Publication #221 for details. Thank you very much for your consideration. I will look forward to your continued cooperation in this matter. Sincerely yours, /s/ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law copies: The Internet Judge Alex Kozinski, Ninth Circuit # # # c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA REPUBLIC November 5, 1996 Mr. Kenneth Starr Independent Counsel 1001 Pennsylvania Avenue, N.W. Suite 490-North Washington, D.C. Postal Zone <20004> Subject: IRS Kick-Backs to President from the Performance Management and Recognition System ("PMRS") Dear Mr. Starr: I have evidence in my possession which implicates President William Jefferson Clinton in the receipt of illegal IRS kick- backs from a defunct federal program called Performance Management and Recognition System ("PMRS"). As of yesterday, the Alta Vista search engine found some 20 documents on the Internet which mention this system. To obtain more information about PMRS, I have already submitted a Freedom of Information Act ("FOIA") request to the Department of the Treasury for all financial records of the PMRS. Quite to my surprise, Mr. Mark L. Zolton wrote back to explain that some records do not exist, because the rewards were paid in cash. For your information, I have decided to become rather politically active in this matter. Enclosed please find my essay entitled "The Kick-Back Racket: Performance Management and Recognition System," which I enclose for your consideration and review. Please accept this as my firm offer to testify before a competent and qualified federal grand jury in this matter. I wish this matter to be investigated fully, and that is the main reason why I have brought it to your attention at this time. If I can assist you, or any others in your office, in the course of investigating PMRS, please contact me immediately. Thank you very much for your consideration. Sincerely yours, /s/ Paul Andrew Mitchell, B.A., M.S. Counselor at Law, federal witness and Citizen of Arizona state enclosures copy: Judge Alex Kozinski, Ninth Circuit # # #
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