ASD Justice looks like they attempted to fool the Judge ??
While checking PACER this morning, something possessed me to go check the ASD Justice docket. Low and behold, there are 2 new documents listed, both entered onto the docket on February 24th. (These documents can be found on the ASD Files Website, Other ASD Cases) A quick read of the 2 documents makes me wonder just what ASD Justice thought when they filed this Affidavit of Service. Keep in mind, they have until March 7th to provide said proof of service or their case is dismissed.
Here’s what they filed, in part:
1. As to the defendant United States of America; in care of the United States Attorney for the Southern District of Florida, a Summons was duly issued by the Clerk of this Court, and service was made by the plaintiff Disner, pro se, leaving a complete copy with the receiving clerk at the US Attorney’s office in Miami, Florida on the 5th day of December, 2011.
2. As to the defendant Rust Consulting Inc., the plaintiff, Dwight Owen Schweitzer, pro se, on two separate occasions commencing on November 25th 2011 transmitted to , the Corporation Services Company as agent for service for the defendant Rust Consulting Inc, Waivers of Service forms with copies of the required return documents and self addressed stamped envelopes; neither of which were responded to by the defendant Rust Consulting Inc.
3. As to the defendant Rust Consulting lnc., the plaintiff, Dwight Owen Schweitzer pro se, thereupon obtained a Summons from the office the Clerk of the District Court for the Southern District of Florida, for the defendant Rust Consulting Inc., and duly transmitted it to Delaware Attorney Services for service along with a copy of the Complaint with exhibits attached, upon the said agent for service of the defendant Rust Consulting Inc-, and whose return of service, at an out of pocket cost to the plaintiffs of sixty dollars and no/100s cents ($60.00), is appended hereto and made a part hereof.
All this sounds well and good until you read Her honor’s replay, a second Order to provide Proof of Service. It was issued in response to the above, and Her Honor states (emphasis added):
THIS CAUSE comes before the Court sua sponte on review of the Affidavit of Service (“Service Affidavit”) [ECF No. 9], filed on February 24, 2012 by Plaintiff, Dwight Owen Schweitzer (“Mr. Schweitzer”).
The Service Affidavit asserts as to Defendant, the United States of America (“the United States”), that “a Summons was duly issued by the Clerk of this Court, and service was made by the plaintiff Disner, pro-se, leaving a complete copy with the receiving clerk at the US Attorney’s office in Miami, Florida on the 5th day of December, 2011.” (Service Affidavit ¶ 1). The Service Affidavit does not state, however, who Mr. Schweitzer refers to by the term, “receiving clerk,” such that the Court is informed whether Plaintiffs complied with Federal Rule of Civil Procedure 4(i) governing the proper procedure for serving the United States. Moreover, nowhere in the Service Affidavit does it state that a copy of the Complaint was also served on the United States in compliance with Federal Rule of Civil Procedure 4(i).
As to Defendant, Rust Consulting, Inc., the Service Affidavit asserts that the summons and a copy of the Complaint with attached exhibits were “duly transmitted to Delaware Attorney Services for service . . . upon the said agent for service of the defendant Rust Consulting Inc., and whose return of service . . . is appended hereto and made a part hereof.” (Service Affidavit ¶ 3). Contrary to this statement, proof of service upon Rust Consulting, Inc. was not filed. Indeed, no additional documents Are submitted with the Service Affidavit.
Plaintiffs are instructed to review Federal Rule of Civil Procedure 4(h) for the proper procedure for serving a corporation, and Rule 4(i) for the proper procedure for serving the United States. Furthermore, Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon defendants within 120 days after the filing of the complaint. Plaintiffs filed this action on November 7, 2011. Accordingly, it is
ORDERED AND ADJUDGED that on or before March 7, 2012, Plaintiffs shall perfect service upon the Defendants or show cause why this action should not be dismissed for failure to perfect service of process. Failure to file proof of service or show good cause by March 7 will result in a dismissal of this case without prejudice and without further notice.
DONE AND ORDERED in Chambers at Miami, Florida, this 24th day of February, 2012.
Personally, I find all of this somewhat amusing because I posted the proper procedures on this blog on February 3rd . And Dwight did his usual “knee jerk” reply, inferring I didn’t know how to read them. Seems I did, as the Judge has since pointed out to Mr. Schweitzer. My post on February 3rd covered these very rules on how to serve the US Government and a Domestic Corporation. I will be very interested in hearing what Mr. Schweitzer has to say about this new Order. After all, he keeps reminding me of his legal prowess and wide and varied legal experience. And yet, he missed the mark in this endeavor.
Perhaps I can read, after all.
A response from Rust Consulting
I received this today, from the Administrator of the ASD Remissions:
The Department of Justice and the Secret Service have approved reconsiderations. We will be sending out final determination letters this week or next week and payment will follow on those that have been approved for reconsideration.
This is some good news, at least for those who qualified to be reconsidered. We can only hope that Andy has to pay restitution following his conviction, so everyone gets back their money.
More on “Keny” Wayne Leaming
As if the case against him isn’t bad enough, the government has filed a Notice of Related Cases in which they state that Leaming has ties to United States v. David Carroll Stephenson, CR05-5158RBL, and United States v. Raymond Leo Jarlik-Bell, et al. CR11-5407RBL, both cases assigned to Judge Leighton.
In the Notice, AUSA Vincent Lombardi states (emphasis added):
As to the first case, the Indictment alleges (among other charges) that Defendants’ conspired to file liens against various federal judges, officials and law enforcement officers. Count 3 of this Indictment concerns liens allegedly filed by Defendant Leaming against various BOP officials on behalf of Defendant Stephenson, who is serving the sentence imposed in the CR05-5158 matter. The liens are therefore related to the outcome of that case.
As to the second case, Leaming is allegedly a member of the same “Sovereign Assembly” group as Jarlik-Bell, and the two are close associates. For example, Leaming was charged in, and detained by, the Puyallup Municipal Court in 2010. Jarlik-Bell attempted to intervene in the case, filing a “Decree of Restrain,” pro se that purported to prohibit further proceedings against Leaming and compel his release.
Some of the liens charged in this case (Counts 1 and 2) were originally recovered during the execution of a search warrant at Jarlik-Bell’s residence in Yelm. Jarlik-Bell’s role in those liens is currently unclear; but it is possible that Jarlik-Bell is an unindicted co-conspirator in this matter. Each of the cause numbers set forth in the caption involve overlapping defendants and facts. Accordingly, the government submits that the interests of judicial economy may favor having each of these cases handled by the same judge.
Looks like the “sovereigns” are not fairing too well with their strabismic interpretations of the law, moreover, their use of something they refer to as “Common Law” and “Admiralty Law”. I found a rather good article on the Southern Poverty Law Center website. (http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2010/fall/sovereign-idioticon-a-dictionary-of-the)
I suggest that if you have a few moments that you read through this article. It explains some of the “finer” points of the actions these people take in order to circumvent the laws everyone else has to follow. I am fairly certain that we will be hearing a lot more about the “sovereign” movement in our local news.
Some denied Remissions may have been reconsidered
I sent out a few emails and finally got a response from someone in the US Attorney’s Office in DC. Apparently, some of the Remissions originally denied have been reconsidered and some further victims of ASD have been paid as a result. But it does not appear as if there are a large number of ASD victims in this reconsideration. There are also no plans to have an additional (2nd Round) remission at this time, as stated on the Rust Consulting website.
If convicted at his criminal trial (and he will be convicted), Andy will be saddled with restitution of around $110 Million, as well as a possible prison sentence. It sure sucks to be Andy, especially when Karma comes full circle.
I plan on keeping an eye on both Rust’s website and the US Attorney’s website for further information on this development.
Is there a 2nd round of Remissions coming soon??
Several people have contacted me on whether or not there will be a second Remission from the Secret Service and the DOJ. The Rust Consulting website has already stated there will be no new applications considered, so if any money is about to be forthcoming, it will likely be for those who had their claims rejected and had appealed the decision.
There was a comment made on the Blog this weekend, from “Max”, in which he said “I have talked to the “Secret Service Agents” involved in this debacle, they say that the DoJ has COMPLETED THEIR APPROVAL PROCESS Feb. 9th, 2012. This means MONEY APPROVED FOR REFUNDS FOR ROUND 2”
That might be a conclusion drawn to quickly, considering as there is nothing on the related sites about this. I am not doubting Max, but I do like to verify things. So, I will email Rust and see what they have to say. With today being a holiday, it may be a few days to hear back.
Have people lost their minds???
I saw this today on the DOJ updates; needless to say, I question this guy’s sanity.
Utah Man Charged with Filing False Claims for Tax Refunds
Stanley Wardle of Spanish Fork, Utah, was indicted Wednesday by a federal grand jury in Salt Lake City with nine counts of filing false claims for income tax refunds, the Justice Department and Internal Revenue Service (IRS) announced today. According to the indictment, Wardle prepared one such false claim on his own behalf, through an individual income tax return for 2008, and prepared eight other such false claims on behalf of others. In total Wardle sought false federal income tax refunds of $875,218.
If convicted, Wardle faces a maximum of five years in prison and a maximum $250,000 fine for each count.
If he is convicted on all 9 counts, that’s 45 years possible , along with over $2 million in fines? Did he actually think he could get away with this? Amazing…..
Leaming’s cohort is now in the same Federal Prison
It looks like Kenneth Wayne Leaming’s business associate and fellow “sovereign” citizen, David Carroll Stephenson, has landed in the same Federal facility which houses Leaming, the SeaTac Prison in Seattle. Stephenson was transferred from a facility in Arizona to the SeaTac unit in Washington state to be tried on the same charges as Leaming.
Stephenson is charged with 3 counts of ” Retaliating Against a Federal Judge Or Law Enforcement Officer by False Claim 18:1521 & 2 “. Stephenson was “cooling his heels” in an Arizona prison following a conviction for Tax Fraud. It appears as if they will have separate trials for the same charges and with a different Judge presiding. Even so, it does not bode well for anyone claiming “sovereign” status. So far, it seems they are not so exempt from prosecution as they want to believe.
Document 32 on the docket lists the Reasons for Detention as:
- Serious risk the Defendant will flee
- Serious risk of obstruction of justice, including intimidation of a prospective witness or juror
- Defendant’s appearance is required
- Safety or other persons and the community.
The Order of Detention states:
- The defendant shall be committed to the custody of the Attorney General for confinement in a corrections facility separate,to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal.
- The defendant shall be afforded reasonable opportunity for private consultation with counsel.
- The defendant shall on order of a court of the United States or on request of an attorney for the Government, be delivered to a United States Marshal for the purpose of an appearance in connection with a court proceeding. THIS ORDER IS ENTERED WITHOUT PREJUDICE TO REVIEW.
According to the docket, Motions are due by 3/1/2012 and the Jury Trial is set for 4/2/2012 at 09:00 AM in B Courtroom before Judge Ronald B. Leighton.
Andy’s Video on Fundraising Site goes Missing
A recent check on the Fundraising Army website results in noticing a big black box where Andy’s video used to be. Why did Andy decide to remove it? Could it be the way he painted the government as the bad guy and not himself? Or did he say a few things that might come back to haunt him (he is famous for doing that)?
I guess it’s fortunate that I downloaded the video months ago, so at least I have a copy for my files. It seems weird that someone would remove it after being accessible for so long. Just like all of the ASD conference calls, he may wish he never posted it in the first place.
Finally, “ASD Justice” issues Summons to Rust Consulting
ASD Justice's Gravatar
On a whim, I checked the “ASD Justice” docket file on PACER and was actually shocked that there was an added document, a Summons to Rust Consulting. Holy crap, it took them long enough!
The original “ASD Justice” complaint was filed on November 7, 2011, some 3 months ago. The Summons to the AUSA in Southern Florida was issued by the court on December 5, 2011 and gave the Defendant 60 days to respond/answer the Complaint. It has been over 60 days and still no answer from the AUSA. Could it be that the reason for this is they were never properly served with this Summons? One could suppose that is the case, since there is no Proof of Service shown on the Docket. And considering that the failure to answer the Complaint would meet with a summary judgement in favor of the Plaintiffs, it’s doubtful it was properly served.
This lack of Proof of Service seems to have prompted Judge Altonaga to issue this Order:
ORDERED AND ADJUDGED that on or before March 7, 2012, Plaintiffs shall perfect service upon the Defendants or show cause why this action should not be dismissed for failure to perfect service of process. Failure to file proof of service or show good cause by March 7 will result in a dismissal without prejudice and without further notice.
Even Her Honor noticed that something was amiss with this case.
After posting some information previously regarding the proper way to issue Summons to the Government or a Domestic Corporation, thereafter being admonished by Mr. Schweitzer for not being able to read the Federal Rules of Civil Procedure well enough to understand them, they go and get a Summons for Rust Consulting. Coincidence?
It is also notable that the Summons issued today has been manually altered, apparently by the Clerk. The time limit for Rust Consulting to answer the Complaint was changed from “30” to “21” days. Hopefully, since I cannot read (according to Dwight), my math skills are satisfactory enough to arrive at the fact that had the time frame been left at 30 days, the due date would fall beyond the drop dead date set by the Judge, March 7th.
Is is just me or does it seem they are not as enthused as the once were? Maybe they did file the wrong complaint and are simply bidding their time until the Judge dismisses the case. It might explain them not following any of the Rules and Procedures so closely.
It might also have something to do with the recent outbreak of “sovereigns” and the Detention and Arraignment of a convicted Felon, “Keny” Wayne Leaming. Leaming is best remembered for Operating an Aircraft without a License, which resulted in a Felony conviction. Along with numerous weapons found in Leaming’s residence, the Feds have his personal computer. There’s no telling the extent of information contained therein and who this information involves in the “sovereign” movement and elsewhere.
I am aware of maybe 1 or 2 emails involving Leaming and the “ASD Justice” bunch, I have a copy of one in which Leaming poses his “legal opinion”. This “legal opinion” and his views on answering to no laws has resulted in him having multiple Felony charges and facing a very long time in prison. Perhaps there is something else going on in the background and influencing this case?
Leaming has strong ties to Christian Oesch (MYHUB) and together they filed a lawsuit with the US Court of Claims asking for $29 Trillion in “damages”. Not a great surprise that the case was thrown out of court, due to “lack of jurisdiction”.
I have the feeling the “ASD Justice” case will meet with a similar fate. But will they re-file with the right Complaint this time or just let it go. Your guess is as good as another.
More Info regarding the ASD Justice’s case
One of our readers forwarded some newly acquired information about the ASD Justice case late this afternoon. According to the forwarded email, the final people have been served and ASD Justice is awaiting the governments response to the complaint. The Feds have had since last November to supply their response and have chosen not to at this point. However, the forwarded email failed to mention whether or not any of the summons have perfected Proof of Service. The Judge has ordered that this be done by March 7, 2012. They have a little over a month to provide this proof to the court or the case will be dismissed. Or maybe that’s exactly what they want; who knows.
From the onset of this complaint I have been of the opinion that it is flippant, futile and frivolous. The Affidavit that is under question has already been ruled on and I doubt any court will undo the Civil Case that has also gone to the Appellate Court and upheld. It makes no sense anyone would think that another district court would override the decision of 2 Federal Judicial bodies. The answer I have arrived at is they cannot and they won’t.
I am only following this case because it is an annoyance and should be to us all. It’s why the courts are filled with a backlog of cases. We live in a litigious society and it gets even more bogged down when people think they know more than anyone including and especially the Federal Appellate Court. You’d think that such a brilliant legal mind would still be practicing law in some capacity.
Tilting at windmills solves nothing.