Wednesday, April 10, 2013

Agents Part 2: Effective Agent Actions, dealing with Pirates and responding to criminal behavior and official corruption



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Please download MP3 Audio Broadcast of this Blog > here   (45 min 14.5 Mb)
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The topic for audio and blog this week is the second and final part (Part 2) of a series on Agent being:  What are the effective actions of an agent when dealing with the Roman system? handling and responding to the actions of the pirates of the Private Bar Guilds? and how to respond and follow up any criminal behavior and official corruption you may encounter along the way in the Western-Roman system?

Last week, we introduced the concepts and background behind agents, namely: what is an agent? Why is the role of agent so important to the present system?  How are agents supposed to be appointed? How do their powers work in practice and how can any impostor agents and false powers be brought to account and dissolved?

In discussing the origin and importance of agent last week, we went back to the 15th and 16th Century and the Venetian and Pisan banks where we saw the origin of agents being part of a new form of banking and commerce that was forced on both trading empires by the inability for them to settle accounts in the old fashioned way. Instead, this new banking model centered around accounting forced the banks as principal to send out authorized agents also known as chartered accountants to live and to work alongside commercial ventures and if necessary act as if they were speaking as the directors of the bank in settling accounts, underwriting purchases and writing promissory notes and the earliest bills of exchange.

We then fast forwarded to the present day to look at the meaning and importance of agent to the modern private corporate world masquerading as countries and courts and entities.  There we saw the importance of enduring powers of attorney and irrevocable powers of attorney when perversely now the Roman system permits agents to claim an interest in the estate making it impossible for the principal to revoke such powers.

Finally, we made clear the connection of the principal being not only the central banker of the estate but since the 19th Century also its government how one may give proper notice of the appointment of a new primary agent in the form of the minister plenipotentiary, plus the proper appointment by affidavit of full and durable powers of attorney- revoking all previous durable and irrevocable powers of attorney.

Now it is time to look at the practicality of this information, particularly with the existing Roman system.  How to put such knowledge into practice and what to do when faced with the not infrequent criminal behavior and official corruption of pirates in the private bar guilds breaking their own rules.

Agents and Facing the Courts and Court Actions

As we have spoken about on a number of these audios and written a number of times, all administrative law, all public statute law and all court rules and procedures of the present Roman system depend and rest upon the presence of the legal person also known as a statutory person or surrogate person.  This was stated in the article “The Paradox of Person” and it is the effective control of the person.  If the Person present for the matter of controversy within one of the private Bar courts of the private Bar guilds is not a legal person, but a “superior form” of person that does not agree to surrender its authority to the court, then the court has a problem, as it has to serve the best interests of resolving the controversy concerning the person associated with the matter; and

Names such as employee, citizen, taxpayer, driver, employer, and recipient are some of the many hundreds of terms used within public statutes to describe “legal persons”. As modern Western-Roman courts operate within the first form of law (without recess or deliberate change of form) as administrative law courts, the application of personal jurisdiction of the court pertains to an alleged controversy associated with a public statute or code concerning a type of legal person and the presence of the legal person in question; and

If however, the person who is present is not a legal person, but a Level 6 Higher Order Life form who has chosen to represent themselves in propria persona otherwise known as first person, as a Natural Person, then the court must effectively convince the Natural Person to surrender their position to the absolute authority of the court. This is most frequently done by a combination of force, trickery and intimidation through such corruptions as:

(i) Forcing the Natural Person to stand “pro se” and therefore automatically agree to the personal jurisdiction; the difference of propria persona which means Natural Person as first person and “pro se” is that “pro se” literally means to stand as the legal person, so then they trick people.  You say “propria persona” and the magistrate or judge answers, “oh, so you are going to stand “pro se.”  It is a trick just as simple as changing the words in front of you and if you don’t correct the record then they believe that they have jurisdiction; 

(ii) asking if the Natural Person is willing to “understand the charges against (the person)” therefore stand under the absolute authority of the court; or

(iii) demand the Natural Person take an oath “under the court” thereby creating a legal person and then automatically surrendering their Natural Person state; or

(iv) if all else fails, and this is increasingly more common and why we are talking about what to do when facing criminal behavior, so if all else fails the court will simply intimidate, trick, falsify and unsettle the Natural Person by completely ignoring due process until through inaction by the Natural Person against breach of due process they “surrender” to the power of the judge or magistrate; and

I am not here as a supporter of the outrageous behavior of incompetent, arrogant and extremely ignorant attorneys and prosecutors.  What we are saying here is that to understand the mechanics of their world from their view, we will see the world through the eyes of the potential adversary.    We will see it from their position.  

If the person regarding the controversy is a 2nd person, also known as an “artificial person” as in a classic agent-principal relation, then courts have a number of ways of frequently obtaining personal jurisdiction, remembering as we have said from the training and imaging of attorneys and members of the Private Bar Guilds their interpretation of principal is that the Principal is the government and they represent the government; that is their image training until you are able to show an affidavit in the appointment of powers of attorney that you have “changed the government.”  The government has changed in regards to your estate and that is the role of the Minister Plenipotentiary who gave the Notice.  So if the person is a second person then how they will obtain personal jurisdiction, if not assuming they already have it, most frequently is:

(i) Demanding that only members of the Private Bar Guild may be agents or attorneys and therefore by their oaths, automatically submitted to the absolute authority of the court and of course this is not strictly accurate and in fact this is a deliberate misconstruing of the truth.  If one looks at the definition of attorney the first definition in Black's is “attorney in fact,” not attorney at law.  An attorney is fact is a legal agent and it occurs when one has appointed someone with the powers of attorney in fact.  There is nothing the court can do to remove that unless of course it is proven that the appointment is deficient, that the ability to appoint was inadequate; or

(ii) Demanding the agents have suitable insurance (bond) and swear an oath to “uphold due process” and by default to stand under the absolute authority of the court; or

(iii) Demanding the paperwork of agents are originals with wet ink signatures when submitted to the court clerk, therefore transferring original “title” of the agent-principal relation to the control of court; that is a frequent trick of the court when they convince people to submit originals for the court to then enclose; or

(iv) Removing the right, or mention or forms available for proper recording of an agent or power of attorney to represent the principal in court.  So, just simply refusing that you can submit the documents for lodging on the record.

This is why it is absolutely vital to properly establish an agent relationship whereby that agent has properly constituted, irrevocable and enduring powers of attorney.  This is done through the proper power of the affidavit and the example that we included on the link on the blog and in the link that I have now included in this week’s blog.

The next question is what to do next? What do we do when we are hit with a summons or we are hit with demands? how do we proceed if we have done everything properly up until this point?  

A question is once we have given notice and provided an affidavit with the proper appointment of the agent with powers of attorney (download Word doc) is to ask for key information to be provided and for there to be a form of interrogatories by affidavit by the agent that then permits the agent to proceed if those questions have not been forwarded by placing the court and those in controversy in default and then to proceed further in the form of a Memorandum and Affidavit.  

This is what we will go through now and I will explain why we still bother with this and why this is so important and relevant.  One of the things you always want to avoid as it is a mark of competence or if ignored, a definite sign of incompetence is to allow steps of notification and steps of material to stand on their own merits.  The notification of a proper appointment of powers of attorney and certainly in addressing the issues of enduring and irrevocable powers of attorney should stand on its own merits and there should be no subject or no right for the court to object, withdraw or any form of negative averment.  The court has absolutely no right to intervene in the appointment by a man as the Grantor and as the General Executor and therefore through that role into the Minister Plenipotentiary and therefore the Principal.  The court has no right to interfere if a man has properly prepared, or a woman has properly prepared her paperwork.  

If you have been reading and I do trust and hope that you have been reading, and if you have been listening to these broadcasts over the last few weeks beginning with trusts and then the 3 parts concerning estates (see Part 1, Part 2 and Part 3) and then the first part concerning agents (see Agent Part 1), it may appear that as you do all this paperwork you are doing lots and lots of things that may not initially appear to have any direct impact.  But, if you have done your Will and Testament and if you have properly established the Manor Rolls and master accounts of your estate (see Estate Form Templates), and if you can show the proper appointment by charter of the General Executor and then the appointment by Full Powers of the Minister Plenipotentiary, then you are able to show by any form of argument in law, any form of argument in law, that the authority to appoint an agent with irrevocable and endurable powers of attorney has been done properly.  

By lodging that as an Affidavit this should be on the record of any matter that has been brought forward and if you due to go to court on a summons, if you are due to go to court on a matter of controversy, if there is a hearing and providing there is a case number, then you have every ability to make sure that is placed on the record well before the day.  Separate to that, and following that, one Affidavit can then be sent by the agent as a matter of Interrogatories to certain questions that the court needs to answer.  The point is that these are important questions that you need answered before you go to court so you know where you stand.  Now we will go through the questions carefully.  They are legitimate and justifiable questions that a court must answer for anyone to know where one stands before one even deals with the matters at hand.   These questions would be in writing in an affidavit with a request that these questions are answered at least several days before the matter goes before a judge or magistrate.  If the answers are not given then they are consenting to the fact that they are in default.

Key Interrogatories before visiting court

For some, an alternate approach may be to enable the court to clarify its position before the need or risk of such a confrontation in officially visiting court whereby an interrogatories is properly formed (see Example document) and annexed in response to any summons whereby the status of the person is established, and key questions are rightfully asked of the court to be duly established first, such as:

(i) Is the court acting as a public forum or a private meeting of a private business or association? If the court is private, who is responsible and under what authority did this responsible person nominate a matter of public interest relating to a public statute to be heard in a private court?  That is the first question, so what are we asking in a nutshell?  We are basically asking, “Am I going to a public court or a private court?”  We know they all claim to be public and we know that the magistrates claim to be public as well as the district courts, county courts and supreme (state) courts claim to be public.  But are they public?  If they are public or private we have the right to ask; it is not clear.  If they are private then we are asking for the mechanism by which a public matter has been turned into a private hearing.

(ii) Is the judge or magistrate to hear the matter a duly sworn public official or a privateer? If they are a duly sworn official, can a record of the lodgment of their oath be produced prior to proceeding?  If they are a privateer, can a record of their warrant or letter of marque be produced and under what authority was such letter granted for this matter?  So, what are we saying here?   We are really trying to determine if the judge or magistrate in this matter is a fiduciary that is someone who is bound by the laws of the estate and the role of trustee, or are they going to hear the matter as a private contractor or as a privateer.  We are not being offensive when we say privateer which is one who is granted authority and are a form of agent granted authority to retrieve property, to interrogate, to prosecute under a letter of marque.  So we want to know exactly what the status is of the judge or magistrate, not only generally but specifically to this matter.  We only have 6 questions to ask.

(iii) If the court is private and the court officers are privateers, what is the insurance, underwriting, bonds or guarantees to ensure that the court and its officials uphold the public law, any fiduciary obligations, act in good faith and swear to speak the whole truth?  In other words if the court is functioning privately by what means is there insurance underwriting to see that the court acts in good faith.

(iv) Is there, or is there planned to be one or more bonds issued for this matter? By whom? Under what authority? For what amount? For whose benefit? And Why?

(v) As the matter is in relation to one or more specific statutes relating to one or more legal persons, please provide a summary of the evidence and brief as to what is considered proof and the court’s claim of jurisdiction?  In other words if we or someone we know has been charged an offense against a public statute that identifies a form of legal person, an employee, a traveler, or any other description of a legal person what is the evidence in Brief to claim that role exists in this matter?  We could qualify that further by saying to please provide the contracts of agreement or please provide the wet ink signature agreement to penalties or please provide the pay slips.  

(vi) What is the exact form of law and procedure by which the court will conduct any and all hearings and resolution of the matter? Is this public procedure and practice or private? Where is a copy of these procedures listed? If private, by what authority is private procedure used to resolve a public matter?  If the courts, prosecutors, clerks, magistrates, judges are acting honorably then nothing can be misconstrued by these questions.  These questions are matters of utmost importance in being able to defend and address the matter.

In no way are these questions listed in bad faith, nor may any competent or reasoned person argue that such questions imply vexatious behaviour.  You have every right to ask these questions and they are obligated to answer them before you enter a building and come forward to a hearing where these questions are unclear.  A competent, honorable, peaceful litigant has every right to ask such questions before they enter a court room and indeed are obligated if they truly are a competent person to ask such questions.  

This is why you have every right in an Affidavit, and this would be the Affidavit presented after you have done the Power of Attorney, not part of the Affidavit regarding the Power of Attorney.  This is issued by the Agent to give a certain time frame where these questions need to be answered before you enter the building.  If they refuse to answer the questions, and they still demand that you attend, then they have obstructed and you are now dealing with very serious criminal matters and official corruption; and

Will members of the Private Bar Guilds answer such questions?  It is hard to tell, but based on the track record to date, it is highly unlikely.  Which brings us to the next point- what do you do when judges, magistrates, court officials and attorneys cheat and lie?  Now we are at the question of default and unclean hands.

Let’s summarize what we have said in terms of logical steps.  Obviously it would be preferable that you have read, comprehend and completed the necessary documentation concerning your estate to show that you are well on the way to managing the affairs of your estate.  The next thing, once this is done, is to make sure that we can send the notice of power of attorney and separate to that that we submit by the agent the interrogatories and questions to the court to be answered before the agent attends.  

The notice of default

If the court fails to answer these questions then the Agent has every right to issue a follow-up Affidavit in Support of a Notice of Fault and Default (see Example document).  It is an Affidavit supporting a Notice of Default.  What is this affidavit?  This affidavit summarizes the powers of attorney that the agent has been duly authorized and has the authority to represent the interests of the ‘principal’ who is appointed by the estate.  The Affidavit of Default outlines the questions that were requested to be answered as a matter of importance and the failure to have received any proper answer addressing these specific questions.  The default also concludes that to proceed and to be obstructed by the court in being unable to know the form of law, being unable to know the procedures, to be unable to know whether it is public or private all represent that the court is proceeding with Unclean Hands.  

What do we mean by Unclean Hands?  The reason that the General Executor cannot engage in business is for the very reason of Unclean Hands.  That is to say that when a court or any official engages in official business by which they stand to earn an interest, then that interest may be construed as an incentive to act in a certain way for their own benefit as opposed to being impartial.  A court that obstructs the cause of justice and makes it impossible to determine whether there are in fact bonds, interest, charges and accounts in outstanding matters that could rightly be settled becomes an active participant and becomes an interested party in the matter.  By being an interested party the court acts with Unclean Hands. 

In the history of law throughout the world from the first of civilizations the rule of Unclean Hands is one of the central tenets to justice.  It was present in Sumeria, Babylon, Syria, the Akkadian Empire, the Egyptian Empire, Roman Empire, the Greek-Hellenic Empire, the Carolingian Empire, and in the feudal system of the Roman cult, in commonwealth law, in common law and it is embedded and fundamental into the law presently under this modern form of commercial law.  It is still present.  When a judge or magistrate, attorney, prosecutor, district attorney knowingly, willingly, openly, clearly obstruct the courts of justice and proceed with malicious intent, and proceed with unclean hands in bad faith, you have in black and white the evidence you need that the system is now being run by ignorant, arrogant and dangerous pirates that have destroyed the rule of law.  

This brings us to the key point of what follows the Affidavit and Notice of Default.  We have the example of an Affidavit and Notice of Default on this blog.  So, what happens next?  Over the last few years I have heard many arguments that people say the system is corrupt, the system is unjust, there is no relief in the system.  And, if you come from the impartial perspective without knowing and presuming that a particular court was openly unjust or that a particular system was clearly broken such as the US Justice system which is horribly broken and absolutely overflowing and bursting with corruption, and if an official was willingly and openly obstructing the course of justice and behaving with criminal intent, then would you not presume that some agency if alerted would then go about and form a prosecution and charge them?  If there was any justice in the system then surely someone would do that.  Sometimes in history, sometimes it is left to people on the fringe or the outside to begin the healing by standing up to injustice.  That is really the next step that we are speaking of when we speak of the Memorandum and Affidavit following the Notice of Default.  

The memorandum and affidavit

The memorandum and affidavit, once the Notice of Default is given, is in support not only of the matter being struck out, but of their being a case to prosecute certain officials involved in the matter using their own laws against them.   if you can show that there has been a clear failure to respond, that there has been a properly appointed Power of Attorney, that the court is knowingly and willingly obstructing and there is clear evidence of Unclean Hands and that the court is proceeding and ignoring, then you have every right to refer to their own laws which deem such actions as criminal.  

Just as they are supposed to prepare an indictment, we use their laws to prepare an indictment.  We don’t call it an indictment, we call it a Memorandum which summarizes the events beginning with the appointment of the Power of Attorney and following through the steps and events that have taken place to indicate the beginning of the potential and alleged acts that may have taken place.  Will this stop the corruption?  Will this stop courts that are running over people?  I honestly don’t know, and I don’t think anyone can foresee what future events will hold.  What I do know is this:  if you are not prepared to take a stand, if you are not prepared to see something through and if you are not prepared to do it properly and place your confidence in the law even in their law, then you do not the law an opportunity to heal itself.  All great change in history has not come from people being violent, necessarily, but from people who were willing to stand against injustice and violence through passive, intelligent, non-consent.  

As far as Agent is concerned and as far as relief is concerned, even if you do not see remedy, by standing your ground, by being clear, by documenting, by referring them to their own laws,  You give yourself the best opportunity of addressing the underlying controversy and seeking some form of relief.  

This is a short audio this week and there is a lot packed into it.  I hope you find the updated documents on default and the examples and arguments in terms of the Memorandum as being useful.  I hope the series  you have seen so far has been useful and next week we will take a bit of a break from talking in the series now, as we have reached the point of agent, the power of the agent and the agent to address matters and to respond on behalf of the principal (of the Estate), next week we will be talking about the unfolding climate change in the next two years and the winners and losers when the pole shift by about 1400 to 1500 kilometers within the next two years.

Thank you for all those who continue to help and support in any way you can. Thank you and I wish you all well. 



3 comments:

  1. Impeccable work, intelligent, loving and honourable
    thank you Frank

    ReplyDelete
  2. Thanks Frank great work. I want to increase my competence, so where are the best places to find definitions? with examples, in the way you used it? like Negative averment? It would be great to have a list/glossary of the definitions for the main terms used in each blog or where to find them so to speed up comprehension.

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  3. explanations are in lexica and the rest is to reference. legal dictionaries, for me I'd like to thank Frank (Good phrase we should all support this lifetime work in the 'thank frank' campaign instead of condemning, erring is great erring is a human frailty thank god. No man having constructed such a model with great underpinning need apologise for being on his own learning curve. I dont want to be a man of great and many words, less words gets you into less trouble when in conflict

    ReplyDelete