Restoration of Justice in Florida

8/6/2019 Restoration of Justice in Florida

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THE RESTORATION OF JUSTICE IN

FLORIDA

WAR ON BANK SPONSORED

CORRUPTION OF GOVERNMENT

THE URGENT NEED FOR

LEGISLATIVE, EXECUTIVE, ANDJUDICIAL ACTIONS

The Hanging Together for Justice Foundation

www.equityintruth.org

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THE PROBLEM DEFINED

1. Abusive Bill Killed Last Year. Last April, Mortgage Justice wrote to members of

the House and Senate regarding the Florida Bankers Association’s then attempt to usethe power of the Florida State Legislature to commit fraud upon its residents andother real property owners in this State. Fortunately for the residents of Florida,

House Bill 1523 and its sister Bill in the Senate SB 2270 was withdrawn and this

State did not have to suffer the consequences of this Criminal Effort to hi-jack the

Florida legislature to further the Banksters criminal theft of homeowners’ rightful realproperty.

2. Dead but it won’t lie down. Just surfaced on the legislative docket for 2011,

introduced on March 3rd

, at 4:57 pm, just before the commencement of the currentsession, is the inappropriately named “Florida Fair Foreclosure Act” [House Bill #

1191]. This is the latest attempt to hi-jack the Florida Legislature for the furtherance

of criminal acts. It is sponsored by a Florida Attorney who, in common with 25% of the Members of State Congress, is in breach of the Constitution’s separation of

powers by simultaneously holding office in two separate branches of state

government. Additionally, this Representative appears to be occupying an office of

profit within one of those branches of government and who quite clearly has aconflict of interest in that her law practice advertises that she specializes in Banking

Law. To add insult to injury this ‘Representative’ is a Member of the House Judiciary

Committee and the Civil Justice Sub-Committee. This criminally offensive Bill mustbe removed from the House’s Calendar for all of the above reasons. In the event that

it is allowed to progress through the legislative process, any Member of the Housewho speaks in support, or votes for it after receiving this report will be participating

in the further use of our state government for criminal purposes.

3. Two days after the filing of HB 1191, newly elected Senator Jack Latvala sponsoredSB 1964 also inappropriately titled “The Florida Fair Foreclosure Act.” The text of

this Bill runs to 27 pages and at first glance is a revolutionary document containing

major proposed law changes all of which favor more criminal activity by Bankstersand in no way can be supported as being in the collective interests of the citizens and

residents of the State of Florida. It must also be immediately removed from the

Senate Calendar.

4. Prior to the emergence of HB 1191 or its companion SB 1964, SB 428 sponsored bySenator Dean, a retired Sheriff, proposed to increase the number of Retired Judges

who can be brought back to the bench to speed up this criminal activity to the further

detriment of the people who elected the Members of the House and Senate to office.The provisions of this Bill add to the deception by perpetuating the ‘deadbeat

borrowers myths’ [whereas this recession was deliberately planned and executed by

Wall Street Investment Banks, Main Street Banks, mortgage lenders and theircohorts, including GSE’s, Rating Agencies, MERS and large sophisticated law

offices who fabricated their SEC documentation and issued false declarations of

compliance with the laws], falsely suggesting that the cure is to expedite the rate of foreclosures to bottom out the market and that somehow this unsupportable economic

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theory will revitalize the economy, allow citizens to pay their taxes and HousingAssociations to maintain communities. Senator Dean’s Bill also appears to be flying

in the face of democracy. If the voters have rejected a Judge through the ballot, it

should not be possible for those judges to be restored to office where they will be ableto continue to act as though they had in fact been re-elected. This Bill must also be

rejected or withdrawn.5. The word “Banksters” is not irresponsible Hyperbole. The authors of this reportwish to make their reasons for using the word ‘Bankster’ in what is a very factual and

reasoned report that exposes serious criminal incursions into all three branches of

government to the detriment of our communities, our state, our nation and has

repercussions on the rest of the world. The word ‘Bankster’ is not of our inventionbut was a title earned by the Money Changers at the time of the Great Depression and

it is not disrespectful hyperbole, but is used to emphasize the fact that the Banking

lobby is not representing a legitimate business but a vast criminal enterprise. That isnot hyperbole, or theory, but stark fact. None of the immensely serious matters

covered in this report, all of which relate to voluminous crimes and which need the

urgent attention of all three branches of our state government, bears any relationshipto the legitimate business enterprise collectively known as Banking. This whole

report is concerned with massive criminal actions that dwarf anything the Mafia ever

did and our use of the ‘B’ word is meant to drive home to readers of this report that

we are dealing with the most serious white collar crime, which has directly broughtabout the biggest financial crisis that has ever confronted this country. That our

government institutions are more concerned to protect those criminals than their

people is a matter of grave concern to all who are informed. Those numbers aregrowing rapidly.

6. Senior Judges Become Mass Foreclosure Terrorists. When writing to Memberslast year we were aware that preventing that Bank Sponsored legislation from passing

into law would be a step in the right direction and we still hoped that the Appellate

Courts would begin to reverse the wholesale abuse of our citizen’s and resident’s civilrights by a tyrannical Circuit Court system, or that the media might finally start

reporting the truth leading to a change of direction in favor of the victims of that

abuse, but at best saving Floridians from that proposed law would help anunbelievably bad situation from rapidly worsening. Almost a year later the evidence

supporting the urgency of putting those corrupt practices into reverse has increased

exponentially. It is now imperative that the judiciary stops the disgraceful abuses of

civil and human rights that is endemic in our Courts and which continues to escalate.7. Courts Routinely Denied Due Process. Last April, when those legislative changes

were quietly passing through the Committee stages, without an apparent voice being

raised against it, the de facto position was that the judiciary had virtually denied therights of equal access, discovery, evidentiary hearings, to present evidence and a fair

trial to Defendants in foreclosure lawsuits subjected to Mass Foreclosure Dockets.

8. Senior Judges Waste Legislature's Foreclosure Money, Flout Oaths. Thelegislature was already in danger of being corrupted by the Banksters last year, but

after the failure of the non-judicial bills, proposed new techniques and methods

emerged from the Banksters to further their fraudulent white collar criminal abuse of our populace. The legislature obliged by funding the Judiciary to speed up the

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process and according to statements made by Circuit Court Judges to justify theirfailure to comply with the law, the Judicial Branch of Government was under

instruction from the Legislative Branch to reduce the foreclosure Docket in order to

speed up the State’s economic recovery.9. Leg. & Exec. Collude to Help Banks, Hurt Citizens The Executive Branch played

loud and monotonous lip service to protecting Floridians, especially our largelyelderly residents and in collusion with the legislators brought about new laws tocriminalize persons who engaged in what was described in the legislation as

“foreclosure rescue services” a double edged sword which excluded Attorneys and

Mortgage Brokers, two of the biggest contributors to the Bankster fraud in the State at

a time when it became known that over 10,000 mortgage brokers in Florida possessedcriminal records. Whatever, the merits of enacting that law may have been it was

truly ‘fiddling while Rome was burning.’

10. AG Abrogates Duty to Investigate Mortgage & Foreclosure Fraud. At that timethere was no interest in listening to suggestions of bank fraud, even less interest in

investigating the Banksters, the foreclosure forgery factories, otherwise collectively

known as ‘Mortgage Foreclosure Specialist Firms,’ the law offices who were – andstill are - filing unbelievable numbers of fraudulent lawsuits in collusion with those

forgery factories and local stand in counsels who sit in the Courtrooms with their

laptop computers connected to the forgery factories’ electronic ‘Case Management

Files where all the steps in each fraudulent foreclosure are documented, thusrevealing all the forged and fraudulent documents recorded therein from their original

drafting to their presentation to the Judge by Plaintiff’s counsel. The said Case

Management Files also contain the identities of the individuals who have forgeddocuments and show when these criminal actions took place together with the

identities of the stand-in counsels who recite their repetitive lies to the willing ears of the Judgment hungry judges. These serious frauds upon the Court are occurring in our

Courts by the thousand every day that these kangaroo courts are in session.

11. Incessantly Abusive Sheriff and Deputies. However, that same Executive Branchof State Government that window dressed its expressed concern to control corruption,

while ignoring the real problem, continued to allow Sheriff’s Deputies throughout the

State to act as Court Bailiffs under the direction of Judges and to protect thelawbreaking judges, even participating in intimidation of pro se litigants in Court who

dared to try and obtain due process of law to which they have a prescriptive right as

Citizens of the United States, Florida residents, or as foreign real property owners in

this State. Not content with aiding and abetting the unlawful and tyrannical activitiesof Circuit Court Judges, the Executive provides the color of law to the unlawful

Judgments by enforcing equally unlawful writs of possession illegally Ordered by

these Judges when Sheriff’s Deputies evict the victims of that tyrannical abuse fromtheir homes.

12. Legislator Split Loyalties. A number of informed and patriotic citizens, particularly

those who keep the rest of us informed as to the truth through Internet blog sites, havebeen approached by legislators seeking to obtain ideas as to how they can make law

changes to hasten our economic recovery. While appearing to be helpful on the

surface such approaches are suspect, especially if presented by legislators who arealso Bar Members with active law practices in which they unlawfully retain interests

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whilst serving as elected Officers in the Legislative Branch of Government as theirrequests for ideas are often made with forked tongue to disguise political motivations,

or even their direct involvement in bank corruption and despite their references to the

importance of protecting the homeowners, their appeals for help are tinged with theBanksters rhetoric of how important it is for us to help the banks to speed up their

foreclosures in order to hasten the economic recovery.13. Represent the People not Paymasters. Members of our Government are notelected to office, whichever branch of our state government to which they are elected

or appointed to represent the interest of Banksters or other corrupting corporations,

but by the people with a remit to act for the people. After reading this report and

carrying out some simple investigations into the truth of its findings, no votingmember of either chamber in our State Congress can possibly justify their continued

bending to the corrupt activities of the Banksters as being in the interest of the people

whose lives are directly affected by the bills they pass into law. Every votingmember needs to remember their candidate’s oath and to act in support of the

Constitutions of the United States and the State of Florida. The Bankster’s continued

postulations, [echoed by judges across this state, as they unlawfully deprivedefendants in their fraudulent lawsuits of their constitutional and statutory rights] that

their victims are deadbeat homeowners who borrowed the money and according to

their improper definition of delinquency, are just trying to get a free house, is in itself

criminal, willful deceit.14. Legislatures Corrupted by Financial Institutions On the contrary immense damage

has already been done as a direct result of the massive frauds that have already been

inflicted upon investors, property owners and the general public and rather thancontinue to follow the misguided path down which the legislature has already

progressed by granting money to the Supreme Court, the state’s Judicial Branch of Government to speed up the foreclosure process which is adding to the personal

burdens of this States’ citizens, is legalizing the theft of real property from its rightful

owners by Banksters, continues to deepen the recession, add to the destabilization of communities, the breakup of families, an increase in blue collar crime and hundreds

of millions of Dollars in lost revenue to the State, all to the benefit of corrupt Money

Changers, with the support of huge numbers of Members of the Bar who willingly aidthem in promoting massive frauds upon our courts and upon their former customers,

the residents of the State of Florida and all under the protective shield of the color of

law provided by the Executive.

15. Lawyer Sponsored Destructive Protectionism. For such powers to operate withinthis apparently impenetrable protective barrier is against the interests of our Citizens

and residents. This barrier to justice must be removed as a matter of urgency. It is

by virtue of the existence of the lawyer sponsored and engineered protectionismembodied in the 1949 changes to the Florida Constitution that the Banksters have

already hi-jacked our entire Court system for their criminal purposes and have

exercised control over the direction of legislation by other methods. It was only bythe skin of our teeth that they failed to remove the judiciary from the foreclosure

process in Florida last year and no doubt their lobby has remained as active as before

in Tallahassee.

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16. None of the Loans were ever made by the Lenders, but Self-Funded. Judgesacross this state, are unlawfully depriving defendants in lawsuits of constitutional and

statutory rights, echo the Bankster’s continued postulations that their victims are

deadbeat homeowners who borrowed the money are trying to get a free house. Inpoint of fact the exact opposite is true as we can see from these realities:

(a)

JP Morgan Chase's widely reported campaign to buy up property taxlien certificates across America in the hopes of effectively stealingrealty for the cost of a few years' taxes.

(b) Bank agents buy up houses at foreclosure auctions, flip them to the

bank, and give the bank an angle for bilking the mortgage insurance

companies the federal government had to bail out to the tune of billions of dollars.

(c) Banks participated in appraisal fraud, encouraging grossly overpriced

realty purchases.

(d) Lenders don't fund mortgage loans till after depositing the alleged

borrower's note, thereby making the borrower the source of thefunding, and the bank only a middle-man depositor, not an actual

lender.

(e) This means the closer handed the seller at the closing table an

insufficiently funded “hot” check which the seller could not possiblycash till three days later, hence the practice of closing loans on Friday

whenever possible.

(f) Lenders, sellers, and closers induce the borrower to sign lies in both

the note (“for a loan I have received”) and the mortgage (“I am seizedof the estate”) because the borrower has never seen the documents

prior to closing and the real estate purchase agreement requires thebuyer to close if approved for the loan. These create duress to sign

without thoroughly reading the docs.

(g) Lenders commit fraud by failing to execute a lending agreement with

the borrower in advance of closing. This deprives the lender of privityof contract which has serious ramifications and lays the groundwork

for allegations of fraud against the lender.

(h) Upon signing the note the borrower makes the note into the borrower's

chattel, and only the borrower owns it. Evidences of such ownershipexist in the UCC language of holder in due course or holder, instead of

owner, assignment of rights instead of sale of the note, and

requirement to return the note upon satisfaction to the borrower. Theborrower never gives right to the lender to sell the note or convert it to

personal use such as through securitization, and so all profits derived

from securitization and associated bond sales belong exclusively to the

borrower.

(i) A variety of factors convert the note from a negotiable instrument to a

non-negotiable instrument, or discharge the obligation of the maker,

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contracts, used those signatures to secure credit from the Federal Reserve and just forgood measure insured those loans against the ‘borrower’s’ default up to thirty times

over for each loan [which they fraudulently filed documents in the SEC’s public

records to falsely demonstrate that they had sold those loans into a Securitized Trust]utilizing a device deceptively named “credit default swaps ”under the auspices of the

International Swaps and Derivatives Association to avoid the State Regulationscontrolling insurance contracts and to use as a secondary scheme to defraud theinvestors that they had already defrauded when using them as the innocent funders of

the biggest Ponzi scheme in history as more fully described below.

21. Second, despite the common belief, none of these ‘mortgage loans’ were sold in the

secondary market for the simple reason that it is not legally possible to sell what isnot owned. None of the so called lenders on any so called Promissory Note lent any

money. If the lender was an FSB, or any Bank it is not permitted to lend any of its

depositors or checking account customer’s funds under the Banking Acts. It couldonly invest funds that it owned or were managing for their customers investment

portfolios. Clearly, this could never have been sufficient for them to have funded the

vast number of mortgages that were allegedly, but not actually, securitized into RealEstate Investment Conduit Trusts that individually totaled upwards of a billion dollars

for each alleged Trust.

22. If the purported lenders on these Notes were small subsidiaries of Banks or Mortgage

Brokers who were able to obtain funding from a so called ‘warehouse lender’ theyclearly did not have sufficient funds to lend on the massive scale that preceded the

financial crises.

23. All this posturing as to the identity of the lender at the closing table, was to give theappearance of compliance with the Rules of REMIC, embodied in IRC 860. In order

to qualify for huge tax breaks all loans must have been ‘sold in the secondary market’and ‘table funded’ loans were specifically excluded. All these incorrectly described

‘securitized loans’ were ‘table funded’ and therefore specifically excluded. Table

funding to those unfamiliar with the term describes a process that is the reverse of theconcept of a lender making a loan and the loan subsequently being sold through a

number of entities and ending its title journey in a Trust for the benefit of the final

purchasers of that loan. The original funding started at the opposite end of that cycleand worked its way backward to the pretend lender whose name was on the

promissory note. The paperwork was actually supposed to follow the REMIC cycle,

but even that chain of title was corrupted by the Banksters. By camouflaging ‘table

funded’ loans as qualifying REMIC loans the Banksters engineered and appear tohave got away with this massive tax fraud against the IRS. To substantiate the

apparent compliance with IRC 860, extensive fraudulent representations were made

in the filings submitted to the SEC in the form of prospectuses, trust agreements,mortgage loan purchase agreements, pooling and servicing agreements and more.

24. Any informed inspection of these documents, despite the many thousands of pages of

legalize that are sometimes filed to legitimize these crimes for just one fraudulentsecuritized pool, soon exposes the facts which in total clearly establishes that there

was no chain of title and that all the loans were table funded. As described elsewhere

in this report the original funds extracted by the Sponsors of the Wall Street Securityentitled ‘Mortgage Loan Pass Through Certificates’ once deposited in the Bankster’s

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bank accounts qualified them to draw ten times the amount of funds to basically dowhatever they wanted with.

25. So called borrowers, were not the only victims of this massive Ponzi scheme.

Professional investors, including Pension Fund, Mutual Fund, Hedge Fund Managerson Wall Street were all persuaded to part with their investors funds to fund this scam

as were Municipalities across America and around the world, not to forget the fundsowned by foreign governments and professional investors from other countriesaround the globe. Anyone, who has ever visited the beautiful Tuscany region of

Italy, should know that all those wonderful hilltop towns were bankrupted by these

criminal, money-changing monsters. But when it all collapsed in 2009 they came

whining for government bail outs, which they immediately used to jack up theinternational price of oil, driving it to over double its real value thus injuring many

more ‘investors’ who bought into yet another Bankster scam and hurt the already

suffering people by increasing the price of everything that depended upon the price of oil. Now the whining continues and they still rely upon the integrity of their victims

to believe that if they borrowed the money they have a moral responsibility to repay

those funds, when they do not respect that same code of ethics when they invest in abad real estate deal.

26. The Banksters use the same technique upon their victims as they do upon their

employees to obtain their support, fear and reward. So do the integrated Florida Bar

and any other corrupted body use these stick and carrot methods to enforcecompliance and discourage any disobedience. The so called deadbeat homeowners

live in fear of getting a ‘bad credit rating’ or worse a foreclosure and/or a bankruptcy

on their record and continue to struggle to pay, often rising rates of interest, ondeliberately engineered ‘underwater loans.’ The banksters used the same fear and

reward techniques to ensure a steady flow of over inflated and ever increasingappraisals – appraisers could refuse to comply and be placed on the Blacklist

circulated amongst all the various ‘lenders’ or comply and make money out of the

boom. More fraudulent actions that our legislators, executive branch and judiciaryhappily ignore whilst aiding and abetting the Banksters criminal actions, while

continuing to justify it with the war cry – ‘you borrowed the money.’

27. For the scam to succeed it was essential that the scammers could wrest the money outof the Professional Investors and the Municipal Treasures. They had no option but to

utilize ‘table funding’ to get the tax breaks they had to falsify the appearance that the

loans were all genuine REMIC loans, which is the same argument they now

fraudulently present in the foreclosure lawsuits. First it was necessary to provide theillusion of safety for the funds being invested. The major Wall Street Rating

Agencies were the tool used at great profits to those entities. They issued Ratings up

to AAA for Pools of Mortgages which were wrongly described as ‘closed loans’ thatwere owned by a Trust for the benefit of the investors in the income producing Pass-

Through Certificates they were being sold by the Wall Street Sponsors of the non-

existent ‘Pool.’28. The Rating Agencies stated that they had examined the mortgage loan files, when in

reality the loans did not exist and the Banksters agreement with those entities was that

they would not inspect the mortgage files, just make the false statement. The RatingAgencies were paid Billions of Dollars for supplying these fraudulent ratings. These

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were the documents used to sell the securities and the funds now came under thecontrol of the Ponzi scheme organizers. It was these funds that were now used to

draw from the Federal Window ten times the amount of money fraudulently obtained

from the investors, which was made available either directly, or through so calledwarehouse lenders, who were the apparent funders of the loans, as far as the pretend

lender was concerned. For this ‘service’ the pretend lenders were paid a largecommission, disguised as a ‘yield spread premium.’29. From the foregoing paragraph it is an easy step to understand how it was impossible

for the ‘lender’ whose identity was printed on the Note and Mortgage to sell his

investment into the secondary mortgage market, since it was not that pretend lender’s

property, neither was it the property of the warehouse lender, who had obtained thefunds from the Wall Street Seller of the Securities or an FSB with whom they were in

collusion to maximize the available ‘money’ available all courtesy of the Private

Bank that is control of the US Dollar, the Federal Reserve, through its ‘window.’30. The identities of all the participants in this fraud are filed in the SEC’s public records.

The Mortgage Loan Purchase Agreements and the Pooling and Servicing Agreements

are particularly revealing. They disclose participants in the scam as major Wall StreetFirms who sponsored the sale of the securities and issued the Prospectus, FSB’s

[including such behemoths as Bank of America, Deutsche Bank, J. P. Morgan, Chase,

Goldman Sachs, Bank of New York Mellon, US Bank, Wells Fargo, HSCBC,

Suntrust bank, GMAC and many more, all masquerading as Trustees of REMICS,Custodians and/or Master Servicers. Those are the entities that together with the

GSE’s, Electronic Registration Systems, Countrywide, AIG, Wall Street Broking

firms and the Rating Agencies [Standard & Poors, Moodys & Fitches] formed thehard core of this massive fraud.

31. Most of the Trusts, are not Trusts at all, but so called Delaware Statutory Trusts. Asearch of the Delaware Secretary of States Internet page soon reveals its true status.

Just like the Federal Reserve is neither Federal, nor does it have reserves, the

Delaware Statutory Trust is neither Statutory, nor is it a Trust. It is in fact a LimitedLiability Company that once it is recorded as such, remains in good standing until its

sponsor requests its removal. Unlike any other LLC it does not have to submit any

returns or pay any annual fees to remain in existence. Perfect cover for entitiescreated to fail, no information can be obtained.

32. When the planned bubble burst occurred, the Ponzi scheme Banksters started on the

final phase of their scam, the acquisition of as much real property as they could wrest

away from middle class Americans, just as their ancestors had done to devastate thefarmers of America in bygone years. However, to perfect this stage of the scam many

things had to be done.

33. First, a number of subtle changes had been made to various laws and UCCRegulations around the country, to facilitate such things as large numbers of lost note

foreclosure Complaints, thus ensuring that their sins would be buried under the new

clean title that would come from the foreclosure court’s issuance of a new Note. Alsothey had to woo the judiciary to ensure that homeowners would be denied their right

of access to hide the fraudulent paperwork that they and their ‘counsels’ would file in

those Courts, all sponsored and engineered by the so called foreclosure specialist

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firms, more popularly known amongst the informed population as foreclosure forgeryfactories, such as IPS, Document X and Securities Connection Inc, in Idaho Falls.

34. The first wave of foreclosures used Mortgage Electronic Registration Services as the

Plaintiff, when that entity had no ownership or other right to foreclose on any loanthat they supposedly were acting as ‘nominee’ for the lender or its assigns.

35. When that door closed, the next wave of foreclosures either claimed that loans wereowned by what in fact was a Servicer, or by a Bankster in its role as Trustee. Also, atthat time a new angle appeared in the bogus Complaints. They were all filing

complaints that the Original Notes had been lost. Many individual defendants in

these cases were surprised that a bank had lost a purported negotiable instrument that

to the informed person had also been used at the Federal Window to generate anothermultiple of 10 times its face value in pretend US Dollars. However, Judges, and the

staff at the Clerk of the Courts, were viewing thousands of such lost Note Complaints

every day it. Also, it never happened when MERS was filing the fraudulentComplaints in Florida, so it appears that the inability of the Banksters to take care of

their valuable Notes coincided with being forced to change the pretend Plaintiff. It is

impossible to believe that acceptance of these lawsuits based upon such obviousoutright lies has never been made a threshold issue. Needless to say it has not and

hundreds of thousands of Floridians lost their homes or other real property because

such obvious fraudulent submissions had been acted upon by what is now an equally

obvious corrupt judiciary, in cahoots with thousands of foreclosure mill attorneyswho are filing criminally fraudulent documents in the Courts of Florida and other

Judicial States across America.

36. The fear and reward technique was also implemented within the ranks of theServicers, those original architects of every securitization scam the professional

forgery firms and the law offices masquerading as counsel for the pretend plaintiffs,who are in fact appointed by the professional forgery firms and by those other wolves

in sheep’s clothing, the government sponsored Fannie Mae and Freddie Mack, also

major instigators along with Countrywide and its former CEO. Persons, such as thenow infamous Jeffery Stephen, at GMAC (now the government owned ALLY

BANK) Cheryl Samons, the Executive at the disgraced law offices of David J. Stern,

Scott Anderson in West Palm Beach, Patricia Arango and Jessica Cabrera at the lawoffices of Marshall C. Watson, Hollan Fintel at the Florida Default Law Group and

thousands of other employees, licensed attorneys and hundreds of bankster employees

who forged hundreds of thousands of Affidavits, Assignments and other documents,

impersonated corporate officials, filed their forged documents in official and courtrecords and committed hundreds of thousands of mortgage frauds and frauds upon the

courts, all of which are felonies, in violation of Florida Criminal Statutes. These

major crimes are euphemized by the Banksters as “errors in the accuracy of thepaperwork’ and other euphemistic terms in recent filings in the SEC of Annual

Reports designed to retain the confidence of their investors, but to protect themselves

against what they know will be a flood of inevitable lawsuits filed against them whenthe truth eventually gets out as to the extent of their frauds upon investors. These

filings can be viewed on the SEC’s Edgar Internet site. The same and/or similar

euphemisms are used in press releases and in government cover up stories.

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37. The ‘lost notes’ miraculously appear months, sometimes years after the Courts weretold they had been lost, destroyed or stolen and could not be found, but only in cases

where their frivolous lawsuits are carefully and continuously litigated. Many of these

‘found’ notes have sprouted stamps upon their surfaces, or so called Allonges arestated to have been ‘attached’ to what are claimed to be Original Notes. Some,

appear to be originals, many however are easily proven forgeries as are the stampsupon the Notes. When expertly examined under a microscope these documents areshown to have been electronically produced either by a color printing device, or a

computerized pen and the signatures within the stamps are part of the stamp, meaning

that it could be applied by anyone who has such a stamp. Also, it is known that many

of these signors are fictitious, whereas others are known to be employed by adifferent employer than they claim to be signing for. Further, no proof of identity of

any of the signors of these stamps, or the date upon which they were impressed is

provided. Many of these people are known to be the employees of the professionalforgery factories and when filed, become more fraud upon the Court.

38. It is normal practice for these crooked robo-signors to pretend to be Vice Presidents

of Banks, or of MERS, or Assistant Secretaries, or to profess personal knowledge,when they have no idea what they are signing, to fraudulently produce Affidavits of

Amounts Due and Owing or to Assign Mortgages, together with the Notes when they

have no such authority, and do not hold any such positions and for these forged and

fabricated documents to be filed in the Courts and/or in the Official Records bylicensed Attorneys when acting as counsels, who, by so doing, commit frauds upon

the Court. Those forgeries are presented as genuine legal documents where they are

tacitly accepted and any attempt to question their integrity by informed pro sedefendants is greeted with abuse and ignored by Senior Judges, with no responsibility

for what they do under the assumed control of ‘Assigned Judges’ who are elected andappointed by the Supreme Court, but who have in practice abrogated their

responsibility to use them as assistants to isolate themselves from shouldering any

responsibility for their corrupt and unlawful orders.39. To all legislators with the fortitude or discipline to read these details of the antics of

the fraudulent Banksters and their partners in crime within the Judicial Branch of our

State government, it is emphasized that these carefully explained sequences of fraudare not isolated, but are a staple ingredient in almost every mortgage foreclosure case

before our courts, including all the unlawful theft of homes that has already occurred

in the ongoing ruthless pursuit of the Bankster’s goal. This white collar crime is way

out of control. The damage being caused to our beloved State, Nation and the worldat large, truly dwarfs the damage that has ever been done by Standing Armies.

40. Any person with a working knowledge of the documentation required by Statute,

Decisional Law and Procedural Rule to be produced when filing a lawsuit canascertain within minutes by reading key parts of the Complaint and exhibits filed in

the Court whether or not the Plaintiff has Standing. It did not need this huge effort by

the Supreme Court of Florida after listening to the lies presented by foreclosure millattorneys (some of the biggest white collar criminals in the State) and the Banksters

such as the evidence submitted to them by Akerman Senterfitt on behalf of the

Florida Banker’s Association to come up with the perfect front to justify all their

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activity – the imposition of a new Rule of Civil Procedure requiring all MortgageComplaints to be Verified with effect from February 11, 2010.

41. What soon became apparent was that many of the foreclosure mills simply ignored

this new Rule, some even challenged its validity, but judges continued to acceptunverified and incorrectly verified Complaints as though nothing had changed. When

the Complaints were verified, they were almost always not in compliance with theRule, with the Statute governing the requirements needed to meet that definition orthe Case Law supporting and amplifying the Statutes. First, the Supreme Court,

together with the integrated Florida Bar, despite all that has gone before and what it

wishes or believes, does not have the power to legislate through the issuance of

Procedural Rules. Therefore the Statute and the Case law will always trumpProcedural Rules where there is a conflict. This was recently confirmed by the 2 nd

District Court of Appeal who unanimously rejected a Petition for Writ of Certiorari

presented to it by Bank of America on the grounds that the strict interpretation of thelaw regarding verification would lead to substantial damage to its and other Plaintiffs

in foreclosures. At least some of our Justices are acting correctly and no doubt,

recognize that Banksters losses are not grounds to bend laws in our nation of laws.42. In those cases where Complaints appear to be verified many are verified by counsel to

the Plaintiff. Counsel for the Plaintiff cannot verify anything for reasons well known

to all attorneys. Further, verification like any other Affidavit is inadmissible hearsay

unless the verifier or affiant is subjected to Deposition or appears in Court to testifyand be subjected to cross-examination. As all Attorneys know, they cannot testify in

any Action where they or their law office is acting as counsel and if challenged their

‘evidence’ must be deemed inadmissible. Just like the hundreds of thousands of suchaffidavits that have been executed by plaintiff’s counsel and filed in the Courts,

before and after the Rule change, they are all inadmissible evidence for hearsay andother reasons, but every foreclosure that has happened in this State since this Bank

created financial crisis commenced has been predicated on such documents which are

largely unchallenged by uneducated pro se litigants who cannot afford legalrepresentation or by the ‘counsels’ who are supposed to be representing their clients

interests in the litigation. On these grounds alone, those Final Judgments in

Foreclosure are legally infirm and the title of those properties is stained.43. Further, the Supreme Court made it easy for these new verifications to be

meaningless, because the wording they prescribed allowed the use of the words, “on

knowledge and belief” when swearing an oath under the Rules of Perjury. Such

words are not permitted by the Statute, neither does the Case law provide any supportfor their use, except in certain circumstances which are not applicable to these

situations. The Supreme Court was aware of the law when it made the rule change.

After all, they are the Justices of the Supreme Court of Florida and not a collection of poorly educated rednecks. Those of us who lack general and/or legal education are

not allowed to plead ignorance of the law, so it cannot be an option for our Supreme

Court Justices to plead lack of knowledge of it in defense of their failure to comply.44. Nevertheless, the situation today is that only a handful of judges in our Circuit Courts

are concerning themselves with the verification requirement and when the validity of

those Complaints is challenged by educated, pro se, litigants or their ‘counsels’ theyare brushed off, especially if the law firm in opposition is an expensive and

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sophisticated firm, that represents the Florida Bankers Association, such as AkermanSenterfitt, who plead one thing when representing that organization to the Supreme

Court and quite another when defending the indefensible in a Florida foreclosure

court before a senior judge who readily accepts their pleadings as evidenced from thetranscripts of official Court Reports.

45. Residents of Lee County who are currently the subject of blatantly fraudulentforeclosures on their Homesteads and other real property have consistently challengedthe right of a judge in the 20th Circuit to, Sua Sponte, set their cases for “Docket

Sounding.” There is no authority for the setting of Docket Soundings in civil cases to

be found in any law or rule, within which, that Court is bound to operate . Further,

the judge Ordering these Docket Soundings, states his authority as, “this case is atissue and ready for trial,” a legal definition to be found in the Florida Rules of Civil

Procedure unambiguously defines that the said Judge is out of order in using it to

justify his actions.46. The said judge, more often than not, then sets the hearing in front of a general

magistrate, without, first, obtaining the consent of the parties as required by the

Rules, but instead buries on the third page of his Order a requirement for objections tobe raised by any party no later than the day of the hearing in a legally infirm attempt

to turn his obligation to comply with the rules into an obligation of the parties. Even

when defendants file valid objections to the Setting of the Docket Sounding based on

all these arguments, Magistrates still seek to exercise personal jurisdiction by“sending the objecting defendant to a Judge, using the persuasive powers of an armed

Bailiff to give this unlawful act the color of law and to bring about compliance,”

47. On a number of occasions, the Court Reports paid for by these objectors has shownthat when Judges are asked to justify their jurisdiction to hold Docket Soundings for

Cases that are not at issue and ready for trial, they have pled ‘inherent authority’ andstated that they have to hold these hearings because “the legislature has given them

funds to speed up the process of the docket.” (Double speak, meaning the obtaining of

Summary Judgments in favor of a bankster to steal the Defendants real property].48. One such objector, whose court file contains a number of detailed Verified Motions

with exhibits that prove, over and over again, the existence of serious

misrepresentation and fraud upon the court by officers of the court, involvingamongst others, the Plaintiff and its ‘counsel’ found herself appearing at a Docket

Sounding in front of the very same judge who had issued the original legally infirm

Order who aggressively asked her if she was questioning his authority. Her

punishment was to have her case set for trial, when none of the issues had beenresolved. Subsequently that trial date was cancelled by the Plaintiff, because it was

not ready for trial. In truth it could never be ready for trial in any court other than one

as corrupted as the 20th

Circuit Court in Lee County, Florida.49. A serious problem exists within our government. Corruption runs so deep and has

become a common talking point and something to grumble about but tinged with a

belief that the government is too powerful to challenge. However, as moreinformation emerges as the extent of the corruption, especially bank sponsored fraud

there is a growing willingness to constructively work to put an end to its universal

acceptance. To find evidence of corruption entails considerable investigative work,not always made easy by the lack of transparency of relevant government records and

14



the suppression of incriminating evidence. No presumption of corruption of individual Members is assumed in this Report, but it is beyond dispute that the

Banksters have obtained support for their frauds from the legislature. It is also

relevant that some of you are already aware of the facts being communicated to you,whilst others may be in total ignorance or so politically motivated that you rely

entirely on the political teachings of your party and have not opened your mind tothings you would rather not hear. What will be true for all of you, who bother to readthis report is that by the time you have finished reading it, you will certainly know

that the state government to which you have been elected and have sworn an oath of

allegiance to its Constitution has either deliberately engaged in corruptive practices or

it has been naively deceived into providing a conduit for Bankster fraud, to furthertheir criminal activities, in all three of its branches and know that irrespective of how

it has happened, such corruption is against the interests of Floridians and US Citizens.

50. If you have read this far you must no longer buy into the Banksters only justificationfor their frauds upon the people and the people’s courts, by constantly repeating that

the deadbeat homeowners have caused the problems by not paying their mortgages.

First, it was the Banksters, not the homeowners who created a massive Ponzi scheme,defrauded Federal and State Tax Collectors, investors and borrowers. It was the same

Banksters who jacked-up the appraisals to create a buying fever, destroyed the

economy, destroyed the jobs that provided the incomes to pay the ever rising interest

on the loans and then have the audacity to proclaim that the borrowers caused theproblem by defaulting on their loans. Constant repetition of this and similar sound

bytes cannot compete with the facts that follow any detailed investigation into the

horrific truth. If you believe these lies and have acted, or propose to act upon them asa public officer of this government you are either part of the corruption, you have

allowed yourself to be deceived by those Banksters, or are supporting the FederalGovernment cover-up. Either way, deliberately deceiving the people from a position

of public office is a violation of your oath of office to uphold the Constitution. If you

are simply reciting the sound bites because you know the truth but believe you canprofit from hiding it behind those sound bites, then beware, sooner or later your sins

will catch up with you. There are many opinions and every person in a free society

is entitled to express those opinions, but there is always, only one set of facts.51. This report contains nothing but facts. The truth behind the mortgage meltdown in

addition to others set out in this report, is demonstrated by the following set of facts:-

(a) The Housing Bubble was deliberately planned and implemented by

Wall Street entities and the Main Street Banks, including GSE’s.(b) Mortgage and other loans were deliberately set up to fail.

(c) The lenders shown on Promissory Notes and Mortgages were not the

Lenders, but fraudulently used their licenses to document mortgageloans in the various states and were funded by Wall Street Brokers

from the proceeds of the sale of Derivatives in wrongly described

AAA rated Mortgage Backed Securities, for which they were paidexcessive ‘yield spread premiums’ as a commission.

(d) Notes and Mortgages were not sold in the secondary market, neither

were they transferred into securitized mortgage pools. It wasimpossible for pretend lenders to sell what they did not own.

15



(e) Contrived sales in the secondary market were documented in theSecurities and Exchange Commission’s public records to avoid paying

federal taxes upon their profits by falsifying the appearance of

compliance with IRC 860 by filing bogus Mortgage Loan PurchaseAgreements (MLPA) documenting a false chain of title to demonstrate

that all their loans had legitimately passed through Real EstateMortgage Investment Conduits (REMIC), but such transactions did notresult in the loans being transferred into the Trusts for which the

Bankster Trustee was appointed under the terms of the MLPA and the

loans remained under the total control of the said Banksters.

(f) The documents filed with the SEC are extensive, frequently running toover 1,000 pages of legal doubletalk, but the persistent and informed

investigators have established and evidenced that none of the mortgage

loans that they say were put into REMIC Trusts, ever reached thoseTrusts. In fact, the majority of the ‘so-called’ Trusts were not Trusts

but a form of perpetual LLC with zero reporting requirements filed in

the State of Delaware for the benefit of those major Banks and/orGSEs, as the true beneficiaries of all the frauds. These ‘Trusts’ are

named Delaware Statutory Trusts, but they are neither Statutory, nor

are they Trusts.

(g) The true Bankster beneficiaries of the frauds knowing the majority of their bogus loans would default, also sold undisclosed and

unregulated multiple default insurances and credit default swaps sold

through the International Swaps and Derivatives Association on everynew mortgage loan in which they were involved to guarantee that

default and foreclosure would provide them with immediate profits ontheir ill gotten loan capital in addition to the bonus profits to be gained

from the foreclosed property from its sale, from additional deficiency

judgments arising from their deliberate over-appraisal of theproperties.

(h) It is therefore a fact that in almost every mortgage foreclosure action

the foreclosing entity is not the owner of the Note or the Mortgage,never lent any money, is an integral part of a criminally motivated

group has already reaped criminal profits, will share in multiple

proceeds from insurances, all the Notes have been deliberately

eliminated as admitted by the Supreme Court of Florida by the FloridaBankers Association, or if that was also a lie, they pretended to lose

them to buy the time to fraudulently create on their faces a further

false chain of title, usually, quite different from the chain of titledocumented in the public records of the SEC. Also all Notes are

already paid in full when the bogus foreclosure suits are filed. .

52. We understand that the above text contains major allegations of fraud levied againstsome of the biggest and most powerful institutions in the land and we do not make

these accusations lightly. We are fully prepared upon request given adequate notice

to furnish irrefutable documentary evidence supporting those accusations and if required to justify them with such documentary evidence are willing so to do. It is

16



imperative that no further Bankster sponsored legislation be given any valuableHouse time, but urgent legislative and other government action must be taken to stop

its continuing to undo the damage already done and to structure our State government

for the benefit of its present and future citizens.53. Further, we emphasize that we are not the only source of such information. An ever

increasing number of people, many of whom publish evidence of these frauds onspecialized Internet Blog sites have amassed huge databases, evidencing andmemorializing the fraudulent theft of real property by the Banksters, the frauds upon

the court of the licensed attorneys, links to public information, evidence of the

tyrannical abuse of defendants in foreclosure lawsuits and much more. The

publishers of those sites generally do not allow speculative material to be aired andare quick to remove any suspect information published by their members. Often the

information provides links to, or the text of, official documents, news reports,

depositions filed in Court Records, relevant legal decisions and much, much more,the content of which is open to confirmatory investigations at source.

54. People seized of full knowledge of the depth of this massive Ponzi scheme continue

to ask the question; “why are these criminals not already serving long prisonsentences for the barefaced crimes upon our Courts and our Citizens?’ Why is David

J.Stern, the Fort Lauderdale Attorney and all the other known skilled conductors of

fraud on our courts still avoiding justice? Why is it, that months into the Attorney

General’s investigations into the alleged criminal activities of other law firms,including Marshall C. Watson, Florida Default Law Group, Ben Ezra & Katz and &

Fishman that no arrests have been made and charges brought against these people?

Could it be that the State does not have enough prison cells to accommodate thesecriminals, or is it because the eventual solution will be another one of those gag

ordered settlements described in the following paragraph, where the State, followingin the footsteps of the Federal authorities as in the Goldman settlement with the SEC,

collects ‘no fault’ payments rather than criminal prosecutions leading to fines and/or

imprisonment for those persons convicted of felonies?55. Why are the Presidents CEO’s and CFO’s of the Banks and their key personnel,

together with other entities created as instruments of fraud, to include MERS,

Countywide and many other known criminal organizations still enjoying freedom andliving the high life from their ill gotten criminal gains while our lawmakers, law

enforcers and judiciary are concentrating on helping them to maintain their status

quo? Why is it that when the Executive Branches of our government do investigate

these people and their corporations that they are always resolved with out of courtsettlements, which state ‘no fault’ and the ‘fines’ now disguised as settlements are

subjected to gag orders and the money goes into the Federal and State coffers and not

into the pockets of the victims of their Ponzi schemes?56. However, people who have a working knowledge of the structure of government, its

role in acting as agent for Corporations and in particular the private banking system

known as the Federal Reserve and its subsidiaries in addition to knowledge of thestructure of the frauds and hard documentary evidence of how it is being done and

who is doing it, no longer ask that question. The answer is simple; our government is

no longer acting on behalf of its people but on behalf of its paymasters and corruptionis rife throughout this nation and this State.

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57. Members of the House and Senate are warned not to vote for any bank sponsored orbank favored legislative changes and not to believe any of their rhetoric or false

attempts to describe black as white. However, serious and urgent legislative changes

need to be enacted to undermine these corrupt activities, to put a stop to the financialrape of our citizens and to set this State back on the road to prosperity.

58. First, it is necessary to understand why it is necessary to enact such changes in ourlaws and to fully understand how the people are being abused in our system of hangman’s courts, where defendants in civil mortgage foreclosure cases are treated as

though they are criminals, accused of heinous crimes, or worse, already judged to be

guilty of them. The main drafter of this letter, a man in his mid seventies, has

personally been battered by an armed bailiff in a Civil Court in Lee County Florida atthe instigation of a so called Senior Judge for daring to suggest, in the presence of a

Court Reporter [who incidentally altered the running order of the dialogue during the

hearing when the transcript was produced] that he had a right to equal access to theCourt, to object to a non-existent defunct bank continuing to litigate a fraudulent

foreclosure action against him and his spouse and to object to an attorney testifying in

whispered tones which he could barely hear. All such foreclosure hearings areconducted in these inaudible tones in the 20 th Circuit Court and the Court recording

system is either switched off or the recordings made unavailable for purchase.

59. For these serious ‘crimes’ he and his spouse were punished by the inflicting of a

Summary Judgment, without hearing any of the substantial evidence filed in the case,the tyrannical senior judge entered an Order, falsely stating that he had heard both

parties and Ordered that the Defendant be escorted from the court by an armed bailiff.

Over a year later the same elderly person was again improperly denied the right tospeak in that same case by another tyrannical senior judge despite being a defendant

in the case because the pretend Plaintiff’s Motion was for a deficiency judgmentagainst his spouse and UPL was used to prevent him from speaking. Despite the

Defendant’s protest the Plaintiff’s Motion was granted to a bank that had been given

the loan for free by the FDIC, as is evidenced in the FDIC’s Purchase andAssumption agreement which the Court has refused to consider. Further the defunct

bank was unsure as to the identity of the owner of the loan when it filed its complaint,

prior to being closed down by its regulator for banking irregularities and otheroffenses. The elderly Defendant was again escorted from the Court, this time by two

armed Bailiffs, while the third Bailiff who was in the Court on that occasion remained

inside to maintain Order. Two weeks later, in another case, the same judge again

tried to stop that same person from defending himself at a Docket Sounding on thegrounds that the signor of the Note was his spouse, but upon finally admitting that as

a defendant in that case he was entitled to speak as a pro se litigant in his defense,

indirectly admitted on the record that his previous Order to enter a DeficiencyJudgment was void and his use of Bailiffs to escort him from the Court was a further

act of abuse of an elderly person as was his earlier void judgment, for which no

attempt has been made by him to reverse. This is clear evidence of tyrannical judicialbehavior which is fully revealed in the official Court Report.

60. Defendants in hundreds of thousands of fraudulent foreclosure cases are herded

through these courts in Mass Foreclosure Dockets, sometimes at the rate of athousand a day, for the sole purpose of being told how many days they have to leave

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their homes, reminiscent of the show trials of the Third Reich or akin to theprocessing of farm animals through a stockyard. This is what our State legislators

have created and propose to continue to support when they vote for bankster

sponsored or supported legislative changes. This has to stop immediately! This is theState of Florida, in the UNITED STATES OF AMERICA, the home of the brave and

the finest instrument of democracy ever created – the United States Constitution thatwas created to prevent the very things that its corruption by Banksters and otherCorporations has devastated.

61. All power corrupts, but absolute power corrupts absolutely and it was precisely for

that reason that the Founding Fathers enshrined things into our Constitution as

amended and improved in the subsequent Amendments, the violation of whichimpairs or reverses its far seeing benefits to the citizens of this country and this state.

Those inviolate contents of the centerpiece of our Democratic Republic were, the

separation of Church and State, the rejection of a Monarchy and its surrounding elite[or the creation of any new elites] and the separation of power between the

government branches of legislature, executive and judiciary. Any abandonment of

those essential elements is fatal to our Democratic Republic and can only eventuallylead to violence and civil unrest as evidenced by the French Revolution. Our

legislators hold the key to at least putting Florida back into compliance with the

principles of the United States Constitution, from which other States might follow

their leadership and statesmanship.62. As legislators you should already know, but to emphasize that the writers of this letter

are equally informed, a brief recap of the events that led to this present abuse of the

rights of our citizens that occurs on a daily basis in the Florida Courts is deemednecessary. We start with the Florida Bar and the corruption of the State’s Judicial

Branch of Government.

THE CORRUPTION OF THE FLORIDA BAR AND ITS ROLE IN THIS

BANKSTER INSPIRED PONZI SCHEME.

63. The 25 percent of Members of the Legislature that unlawfully hold office because of

their continued membership of the Florida Bar, which by virtue of being an integralpart of the Supreme Court of Florida is part of the Judicial Arm of Government in this

State are fully aware that the tyrannical abuse of defendants in fraudulent mortgage

foreclosure cases is made possible by the fact that some 90,000 Florida Bar Members

became and remain today an elite sector of our society and enjoy the luxury whenacting as Attorneys that their criminal activities will not be prosecuted by the

Executive Arm of Government and according to at least one Florida Judge can only

be pursued by the Bar. There cannot be any true justification in our DemocraticRepublic for removing these people from the reach of the Executive Branch. The law

requires equality of treatment for all, regardless of race, creed, religion or station in

life. Every other business or profession is directly regulated by the Executive Branch,through the State Attorney General and that must be restored if we are to have any

hope of retrieving and maintaining our Democracy.

64. Those Attorneys whose professional guild, The Florida Bar, is not restricted todisciplining its members for breaches of professional ethics, as is every other

19



professional body in Florida, but, provided they do not upset their peers, theirmembers enjoy the unique luxury of having their civil and criminal misdemeanors

and serious crimes shielded from prosecution by the Executive Branch, to include the

felonies they commit when acting as Attorneys and counsel to their criminal plaintiffsin foreclosure cases.

65. The official surrender of Florida's third branch of government, the Supreme Court of Florida to a private professional trade group, formerly known as the Florida State BarAssociation and now known as The Florida Bar, occurred on June 7, 1949. This

government takeover set the stage for the present day graft and corruption now

found in Florida's judicial system.

66. Since the signing of this court order, The Florida Bar has amassed massive privateassets, which continue to rise from investment returns and membership dues, not the

property of the state. All this loose unregulated wealth controlled by the Florida Bar’s

leaders, absent legislative control of its use, has created an oppressive monster andhas fed the corruption and judicial abuse presently experienced by members and non-

members of The Florida Bar, where the pro-se litigant is treated like a criminal,

cannot be represented by anyone other than a Florida Bar member and those who canafford to be represented by ‘counsel’ are represented by persons more concerned

about the power of the Bar to strip them of their license for challenging the legality of

Court actions or to stand up against corrupt judges, than they are to vigorously defend

their client’s interests as their oath requires them so to do.

67. Further, the legal profession has become big business, irrespective of whether

individual clients are Plaintiffs or Defendants, where justice is not the objective, but

to keep the clock running on billable hours for maximum profit. Even if there aresome judges and lawyers dedicated to the proper administration of justice, there are,

unfortunately, many who are not and in the Mass Foreclosure Dockets they are almostextinct. Most of those judges as a matter of daily routine abuse the law and the

persons over which they obtain, in personam, jurisdiction. They also abuse their

judicial immunity and independence and the trust and confidence of the people, whonow understand that it is not only the legislative and executive branches of

government that have long been recognized as being susceptible to corruption by the

power and wealth of corporations, but its Judicial Branch, which is now completelycorrupted and ineffective as the instrument of justice intended by the Constitutions

when administrating and adjudicating mortgage foreclosure cases. .

68. The integration into the Florida Supreme Court of what is now named “The Florida

Bar” occurred in 1949 by Order of the Florida Supreme Court. The Order was issuedupon consideration of a Petition from the forerunner of the Florida Bar, “The Florida

State Bar Association”, which was not at that time the only professional association

then in operation in the state of Florida. The motivation of the Florida State BarAssociation at that time was to create a monopoly for itself and to simultaneously

create an elite with a title [“Esquire”], to distance their members from the rest of us.

69. The 1949 Order enabled a private professional trade association to establish thatmonopoly to give legal advice, draft any legal document or act as an advocate in any

legal matter, whether or not such advocacy was conducted in a Court of Law. It also

enabled the use (abuse) of the power of the State to enforce compliance withwhatever edict they put in their Rules by virtue of their integration with the Florida

20



Supreme Court. Further, by transferring the power of regulation of all of theirmembers from the Executive Branch of government to themselves using the authority

of the Judicial Branch of government that effectively took the “Esquires” out of the

criminal justice system in respect of activity in which they engaged when acting as alicensed attorney. That unsatisfactory situation still exists today, but is believed to be

unlawful and unenforceable. The regulation of all members of the Florida Bar mustbe returned to the Executive Branch of Government under the direction of the StateAttorney General. There was no legal basis for its transfer away from that branch of

government and therefore does not require any legislative action for it to be returned.

70. It is the existence of this anomaly in our system of government that has fostered and

allowed to continue uninterrupted the unprecedented and voluminous crimes beingcommitted by members of the Florida Bar when acting as Plaintiffs’ counsels in the

Mass Foreclosure Dockets. The support of the people of this state when this Order

was affected was influenced by the Florida Bar’s postulation that this was done toprotect Floridians whereas it was and remains wholly motivated to increase the

corruptive power of that private organization.

71. The Florida Bar, [now integrated with the Supreme Court of Florida has apparentlybeen acting without any legal basis for so doing in its investigations and prosecutions

for what it deems to be ‘The Unlicensed Practice of Law) UPL). Acting as a ‘self

appointed’ arm of the Court, it claims that its Rules provide it with the power to

investigate and prosecute the Florida Bar designated ‘crime’ of UPL, thus ensuringthat no person who was not under their direct control could offer any legal advice,

draft any legal document, or act as an advocate for another person in or out of Court.

The last bastion of any opportunity to give and receive legal advice, to draft legalpapers, or speak in Court is the so-called ‘pro se’ litigant, who is deemed to be acting

in a dual capacity, that of the party in the action and of counsel for that party. In theMass Foreclosure Docket such people are subjected to tyrannical abuse by Senior

Judges with the aid of Court Bailiffs.

72. The authors of this report have searched the Florida Statutes to find authority for theinvestigation and prosecution of the unlicensed practice of law and can find no such

Statute. It appears that there is no statutory authority for its imposition. The Florida

Bar’s justification for its investigations and prosecution of UPL is contained in theRules Regulating the Florida Bar at Rule 10.1.1. Jurisdiction, which reads:

“Pursuant to the provisions of article V. section 15, of the Florida Constitution,

the Supreme Court of Florida has inherent jurisdiction to prohibit the unlicensedpractice of law.”

Article V. section 15 of the Florida Constitution reads;

“Attorneys: admission and discipline – The Supreme Court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the

discipline of persons admitted.”

Article V. Section 15 of the Florida Constitution does not provide any such

‘inherent jurisdiction’ and in fact specifically confines their authority to

Members of the Florida Bar.

21



It specifically and unambiguously restricts the authority of the Bar to disciplining“persons’ admitted.” The limit of its conferred authority upon non-members is to

refuse them admission. The Supreme Court and the Florida Bar must both be aware

that the powers of the Supreme Court under the separation of powers in theConstitution are limited to interpretation of the law. The enacting, or making of laws

is the job of the Legislative Branch. Neither the Florida Bar, nor the Florida SupremeCourt has any power to legislate and the latter cannot create case law under which to justify its actions, absent an enabling statute. Therefore there cannot be any

justification for the Florida Supreme Court or the integrated “Florida Bar to

investigate or prosecute UPL in respect of non-lawyers. That lack of legal authority

has not prevented it from using its assumed powers to the point of obtainingconvictions with penalties that have included incarceration of persons for this ‘crime.’

Neither has it prevented the Florida Bar from using this assumed power to intimidate

anyone who criticizes the status quo, challenges their monopoly or exposes unlawfulor unprofessional conduct of one of their elite “Esquires.” Such people are harassed

by the Bar who on the slightest whim attempt to obtain “information” from their

intended victim of their ‘criminal’ prosecution by “asking for full details of businessrecords” which they fully intend to use to substantiate bringing criminal charges

against that person, but without any reference to their Miranda rights or even to the

existence of the Fifth Amendment. In many instances, however, without any

supporting evidence, they swoop without warning, charging their victims with theunlicensed practice of law (UPL) and prosecuting them without due process of law

and are denied a jury trial. The Florida Supreme Court should immediately issue a

clarification that it does not have and never did have, any statutory or other legal justification for UPL.

73. Their powers over their members are usually exercised through harassment by theirpeers and/or threats by Bar leaders of being stripped of the license to practice law, on

some trumped up charge, if they should attempt to expose the ugly truth, As a result,

our state and federal judicial systems have become a corrupt forum for only thewealthy and the powerful. Persons of lesser financial status only receive the amount

of "justice" their bank accounts can buy. Our system of justice has been reduced to

nothing more than a government-protected racket designed to enrich a selectfew, especially Corporations and above all the corrupt money changers who call

themselves Banks, whilst their victims, the people who need the impartial reliability

of an honest government, continue to be abused by the very instruments of

government that were carefully designed to protect them. In other words and insimple terms, justice is for sale in Florida, but it is not "on sale."

URGENT LEGISLATIVE ACTION IS REQUIRED TO STOP THIS ABUSE.

74. There must be an immediate pause in the progress of any further laws based on

the false premises of the Banksters, whether directly sponsored by them or not.

75. Any instructions given to the Judicial Branch regarding the additional finances

paid or payable to them must be immediately withdrawn. To continue to use

these public funds to allow the continuation and expansion of the curtailment of

our citizens equal access to the law, for the express purpose of speeding up an

22





all rental payments received from rentals of properties with delinquent

homeowner’s fees. The present law is anti-homeowner, provides no incentive for

the homeowner to rent vacant property or to keep existing tenants in the

property causing wear and tear upon a property and entitled to repairs and

maintenance under the terms of their leases. Further any such intercepted

rentals should be first directed to the delinquent fees, secondly to any interestowing and no more than 10% of each intercepted rental shall be paid in

settlement of attorneys fees. The present statute is counter productive,

prioritizes the funds collected to settle attorney’s fees and is contrary to its

expressed intent.

81. The urgent legislative changes must include the equalization of the legal profession inFlorida with all other forms of human life, irrespective of whether or not represented

by a professional association, guild, or union. There must be an urgent and

immediate end to the existing protection from the full force of the law that wascreated by the integration of the Bar with the Supreme Court of Florida, whether

those protections are perceived or real and at present they are certainly real. There

must be an urgent end to this severe threat to the quality of life of Floridians, whenover 90,000 of our residents enjoy the privileged status of protection against

prosecution, other than by their peers, which uses that immunity to threaten and

cajole both members and non-members alike, members with the loss of their licenses

and non member with prosecution for UPL. This report finds no law that allows theFlorida Supreme Court, or the integrated Florida Bar to investigate and prosecute

UPL and there is therefore no action required of the Legislature to correct this further

abuse of government power with the Judicial Branch of government.

THE ROLE AND DUTY OF THE EXECUTIVE BRANCH OF FLORIDA STATE

GOVERNMENT TO END CORRUPTION

82. Despite the 1949 change in the Florida Constitution no change was made to thatConstitution at any time that permits any person to operate within more than one

branch of government at the same time. On the contrary a person is prohibited from

holding an office of profit, or of simultaneously operating as an officer in more thanone branch of government. This means that the 25% Members of the Florida

Legislature that are licensed attorneys and members of the Bar that is integrated with

the Supreme Court, cannot be both Bar Members and Legislators. Further all those

current members of the Bar cannot participate in law making and every time they votethey are violating their oath of allegiance to the Constitution to both State and United

States Constitutions. If this statement upon examination is found to be correct the

Attorney General must move to ensure that any violation of that Constitutional law isimmediately ended.

83. All current members of the legislature that are currently members of the Bar

must immediately resign their public office, or alternatively resign from the

Florida Bar with immediate effect to legalize their future participation in law

making in Florida, but will remain in violation of their oaths for all past

participations in law making. This letter must be brought to the personal

attention of each member of the legislature and recorded on the House and

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Senate Public Records but it is essential that all members of the legislature who

are also Members of the Bar are informed of the importance of compliance with

the Florida Constitution and a public record must be made of what actions are

taken, if any, upon receipt of this letter. 84. Alternatively, the Florida Bar and the Supreme Court can separate themselves to

place the Florida Bar outside the government so that the Bar becomes just like anyother professional association its members will be free to occupy offices within theother two branches of government. What cannot happen is the continuation of the

status quo.

85. The Attorney General is presently required to be a Member of the Florida Bar. This

requirement is in contravention of the Florida Constitution and the Attorney Generalmust not remain a member of the Judicial Branch of Government, subject of course to

the Florida Bar remaining as an integral part of the Supreme Court.

86. It is presently mandated that all Judges must be members of the Florida Bar and asanyone who has attempted to force the Disqualification of an abusive or tyrannical

judge from adjudicating their cases or because such a Judge has issued legally infirm,

Sua Sponte, Orders in his Chambers, they are blatantly refused against all State andFederal statutes and case laws and their peers are not prepared to lift a finger to

enforce their compliance. Any Judicial Complaint has to remain confidential which

ensures that it remains within the protective shield of the Supreme Court, complete

with its integrated Bar.87. Nevertheless, it is a fact of law that Judges must comply with the laws upon which

they rely to exercise their powers of adjudication and that failure to comply with

those laws is serious crime, to include Interference with State Commerce and Treasonagainst the Constitution of the United States. Upon receipt of allegations that any

Judge is engaging in abuses of law from the bench, must immediately act toinvestigate those allegations and if necessary suspend the suspect judge from duty,

while his case is under investigation and/or being prosecuted to protect the people and

the integrity of the law.88. Judicial immunity does not extend to protecting Judges who by virtue of failure to

comply with the law have surrendered their judicial immunity and as a result are

acting in their personal capacities whilst masquerading as Judges and the supremeofficers of Courts of Jurisdiction which exercise powers of life and death over some

people and in foreclosure Actions, wields the power to Order Summary and Final

Judgments to deprive residents of this State and Citizens of this Nation of their real

property, including their family homes.89. As if that were not abuse enough the local Sheriff and his Deputies, [who have

shielded these Judges during their abuses of power in the Courtroom when acting as

Bailiffs under the judge’s control when they are part of the Executive Branch of Government, rather than to act in accordance with the Executive Branch’s

responsibility as keepers of the peace and protecting all people from unlawful acts],

subsequent to these fraudulent and void judgments being Ordered, then force theirimplementation again using the Executive Branch of Government by enforcing writs

of possession thus extending the color of law already provided to unlawful acts in the

Courtroom to the forced eviction of the wronged individual from their Homesteads orother Real Property.

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90. This must be stopped. This is the Paradise State of Florida, part of the United Statesof America. Enough is enough. Urgent action is required to eliminate these

corporation controlling fascist activities from our beloved homeland and democratic

republic.91. Upon receipt and urgent consideration of this report the Attorney General must issue

unambiguous instructions to the Sheriffs and any and all law enforcement officerswithin the State of the serious nature of using the powers of armed law enforcementand by so doing spending public funds under the color of law upon the performance

of unlawful acts. This must include acting on the instructions of Circuit or County

Court Judges when acting as Court Bailiffs, or participating in any kind of

intimidation of any person who is not acting, threatening, or displaying behaviors thatindicate impending violent or other abusive behavior. Law enforcement officers must

be strongly reminded that they cannot give the color of law to illegal acts whether

exercised as Bailiffs in a courtroom or by evicting anyone from their home, if thelegality of the writ of possession is in any doubt. Such an Order from the Attorney

General would probably exclude most if not all such Sheriff’s evictions of persons

who have been the victims of fraudulent foreclosure lawsuits in which they have beendeliberately denied their right to a fair trial.

IMMEDIATE ACTIONS WHICH MUST BE TAKEN BY THE SUPREME

COURT OF FLORIDA TO STOP THE ABUSE OF ITS RESIDENTS BY COURT

ADMINISTRATORS, JUDGES AND PLAINTIFF’S COUNSELS IN

ORGANIZING OR DENYING DUE PROCESS OF LAW IN MORTGAGE

FORECLOSURE CASES AND TO HALT THE FRAUDS UPON THE COURTS

BEING COMMITTED IN VOLUME AND DAILY BY MEMBERS OF THE

FLORIDA BAR REPRESENTING PLAINTIFFS IN THOSE CASES IN CIRCUIT

COURTS.

92. On November 13, 2010 Chief Justice Canady sent a Directional Memorandum toeach Chief Judge in the State and copied it to the various people who were the

signatories of a letter received by him just two business days prior to his taking that

action.93. The Directional Memorandum appears to have been largely ignored by the Chief

Judges and those Judges who are abusing the law by operating Mass Foreclosure

Dockets, which by design and operation prevent any possibility that mortgage

foreclosure cases will be adjudicated strictly in compliance with the law asspecifically Ordered by the Chief Justice in the said Directional Memorandum.

94. Either, the Chief Justice did not expect his Order to be obeyed and was simply

window dressing for the benefit of the Florida Press Council, The American CivilLiberties Union and the other entities whose Counsel’s had authored the letter that

appeared to prompt him to issue it, or he did mean what he said in which case it is

difficult to understand why there has not only been little if any change in the CircuitCourts, but reports and personal experiences of some of the contributors to this report

establish that ever increasing abuses of judicial power and denial of due process

rights to the unfortunate victims of the judges’ tyranny are in evidence,

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95. Clearly the Supreme Court cannot justify issuing a Directional Memorandumdemanding compliance with the law and ignore responsible and documented reports

that almost all foreclosure cases are being adjudicated in complete contempt of those

laws. Indeed, it is more than evident to anyone who has spent any time in CircuitCourts in this State that the judges adjudicating those case have no respect for the law

or the civil rights of defendants in mortgage foreclosure cases that pass through theirMass Foreclosure Dockets. The 20th

Circuit in particular has set up the MassForeclosure Docket to make it impossible for any defendant in a foreclosure case to

set an evidentiary hearing to which they are entitled as a matter of law, before the

Assigned Judge on their case. They are not only forced to set any hearing before a so

called senior judge, whose appointment is to assist the Assigned Judges, where thetime offered is five minutes and at most on the Court’s admission cannot exceed

thirty minutes.

96. The Chief Justice must write to every Circuit Court Chief Judge to whom he

wrote his Directional Memorandum in November last year and instruct that all

Mass Foreclosure Dockets, or any other programs that violate the civil and due

process rights of defendants in foreclosure cases be terminated with immediateeffect and that all such Hearings on their Court calendars be cancelled and

parties notified. All Plaintiff’s and Defendants counsels to be notified

electronically that these programs have been abandoned, that all such hearings

have been cancelled and the Mass Foreclosure Docket program has been

terminated. All pro se litigants must be notified by overnight mail if their court

dates are imminent or by US Mail if time permits. The instruction to end all

such programs must also be released to the Press and published on all the

Circuit Court internet sites.

97. All Members of the Florida bar must be told of the general accusations made

against those of them who have been acting as counsel to Plaintiffs in Mortgage

Foreclosure Cases and warned of the serious implications to each of them if

those allegations upon investigation by the Attorney General’s department, or

any Federal Agency are found to be true. Further all Attorneys who presently

act as counsel to Defendants in foreclosure cases [including local stand in

attorneys] must be instructed to challenge any abuses of due process to which

their clients are subjected and not to desist from such action because of fear of

improper disciplinary action being taken against them or because they place

their own financial interests above those of their clients’ right to justice.

98. With respect to the Chief Justice and all the Justices of the Supreme Court of Floridaanything less than compliance with these demands will only serve to emphasize the

urgency of the need for the legislative changes this report has called for on behalf of

the people of this State.99. The Supreme Court must also abandon the current mandatory mediation program on

the basis that no mediation should be entered into or continued unless proof of

Standing is established upon filing a legally correct and verified Complaint, completewith exhibits, as required by law. Before the Courts Order mandatory mediation it

must be equitable for them to first establish that the Plaintiff has Standing to litigate

the Case based upon the filed Complaint to include all attachments required tocomply with the law. In the majority of foreclosure cases the Plaintiff has failed to

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demonstrate Standing as required by law and it is wrong of the Courts to continue toprovide those Plaintiffs with a mediation vehicle if their Standing has not been

established in accordance with the law. Mandatory mediation, is inappropriate where

Standing is not established at the time when the lawsuit is filed and the Courts shouldnot allow the Plaintiff’s to use it as a platform to mediate or negotiate any settlement

payments of any kind. Where an Order to Dismiss an Action is based upon an inChambers decision of a Judge and subsequently challenged by the Plaintiff, the rightto mediation must remain in suspension pending the determination of the facts.

100. The abandonment or at least, the suspension of the Mediation Program will save

Court time, but the time consuming kangaroo courts being adjudicated in this State

are not only unjust but an unnecessary consumer of vast amounts of Court time andincur huge unnecessary expenditure and the misappropriation of public funds that

could be more usefully directed to stimulating the local economies.

101. The Supreme Court’s Task Force was advised in 2009 that the threshold issue of Standing was the key to preventing the management of foreclosure cases from

spiraling out of control, but chose to ignore that advice. It is not necessary for the

majority of foreclosure cases to progress through the Courts, simply because they failto establish Standing when the Complaints are filed. A simple checklist against

which all new foreclosure filings are checked would immediately establish whether

Standing had been demonstrated.

102. Clerks of the Court could engage suitably trained personnel to check each filingfor Standing and electronically record their findings prior to a Judge in Chambers

issuing Orders to Dismiss all those cases that failed to comply. As this would remove

from the Docket the majority of all filings of foreclosure complaints, the Courts couldreturn to a more normal docket. The Supreme Court’s Task force rejected such

proposals but failed to provide a satisfactory argument to support that conclusion,favoring instead, a program of increased filing fees, verified complaints, mandatory

mediation and the instigation of Mass Foreclosure Dockets, after having been advised

of their duty to maintain due process and in the full knowledge that such Docketswould automatically deprive defendants in those cases of their due process rights in

open abuse of the law.

103. The Supreme Court should now Order that all foreclosure Complaints shall beDismissed if the Complaint has not been verified, the verification complies in all

respects with Florida Statutes and Case Law and the Complaint when read together

with all legally required attachments fails to demonstrate, prima face, Standing and/or

a Cause of Action and that all such Dismissals shall count as a first Dismissal of Plaintiff’s Complaint. The implementation of this Administrative Program will

eliminate the pressure on Court time, allow for the eradication of Mass Foreclosure

Dockets and end the fraudulent persecution of Bankster’s victims in one fell swoop.

104. The Florida Bar must immediately cease all investigations and any prosecutions

of UPL based upon the facts presented in this Report. There is no constitutional or

statutory law that permits any such actions. It appears that the Supreme Court mayhave justified past prosecutions upon case law, but it is not possible with thin powers

allocated to the Judicial Branch of Government to establish case law if there is no

enabling Constitutional provision or Statute. Any such rootless case law musttherefore be void. The present persecution of anyone who dares to proffer any kind

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of information or help to a person who is being victimized in the Courts of this Stateand the courts’ point blank refusal to allow a litigant in this state to choose to use an

advocate or an attorney-in-fact to represent them in court, even when the person they

try to represent is a spouse or other close relative or lifelong friend violates the Bill of Rights and is detrimental to the adjudication of justice in this state. The Chief Justice

must Order the immediate abandonment of the expenditure of any public funds forwhat appears to be a totally unlawful purpose.

105. This report not only demonstrates that there is no law which authorizes the

Florida Bar to proclaim, investigate or prosecute UPL, but well memorializes the true

protectionist purpose behind it and the inadvisability of such monopolistic powers

being wielded by any private or government organization. It is also of course not inthe interests of the people of Florida to be restricted as to their choice of who they can

enlist to help them in legal matter. This is not a matter for government to involve

itself in. There is already ample protection in our laws to deal with fraudulentmisrepresentation to protect the public against being misled. This should and in

reality is a matter for individual discretion by anyone who is the subject of litigation.

Given the belief of most citizens of the United States that less government ispreferable to more government and that decisions regarding the conduct of civil

lawsuits are generally confined to adults, there is no justification for spending money

on the investigation and prosecution of UPL, except in the circumstances described

above where deception and/or false claims have been made to dishonestly provideunfair competition. Most adult Americans are able to make their own decisions

about such matters and do not need government interference with their prescriptive

right to freedom of choice. They only need to be protected against dishonesty and asthe court records and this report memorializes, Florida Bar Membership is no

guarantee of that, in fact such is the level of corruption in our legal system in the massforeclosure dockets that membership of that body might presently be viewed as a

distinct disadvantage to anyone seeking Justice in Florida’s Courts.

106. The immediate termination of any UPL pretence by the Florida Bar will have theinstant benefit of removing the power of a, proven to be corrupt Bar, over those of

their members that want to provide their clients with the full benefit of their skills but

are restricted in those desires by their fear of the Bar’s power over them. Putting anend to this power will have the immediate effect of improving its members’ quality of

service that will be further enhanced by the competition of non-bar members. It will

also enable those previous members of the Bar who were improperly deprived of their

licenses to practice law to use their uncorrupted talents and to obtain damages fortheir wrongful victimization by that monopoly.

107. The separation of powers requires that the Supreme Court cannot be integrated

with the Florida Bar and be controlled by that private organization and to argue thatany involvement of the Legislature or the Executive Branches is in violation of that

separation is a complete fabrication of the reason behind the importance and reason

for requiring the separation of powers between the three branches of government. Thepractice of law is quite separate from the power of interpretation of the meaning of

the law and the adjudication of alleged criminal offenses or of Civil Disputes between

parties and the integration of the practice of law into the Judicial Branch of Government is the root of our present corrupt Judiciary supported by those corrupted

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plaintiff’s legal ‘counsels’ whose standard practices include continuous fraud uponthe courts in which they practice law, but whose criminal actions are protected by

monopolistic Florida Bar, operating as part of the Supreme Court and of the Judicial

Branch.For our members and the Citizens of the United States, March 8, 2011.

The Foundation

The Hanging Together for Justice Foundation

www.equityintruth.org

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Documents

Restoration of Justice in Florida