COERCION
Threats & Intimidation You Can't Prove
Most government tricks and fraud involve the use of certain words and phrases. (See Chapter 5). Among these are the favorites, designed to get you to initiate action in court or to acknowledge the agency's authority, rules and regulations as actual law.
Almost every agency has some form of official sounding court or tribunal which terrifies the public just as much as if they went in front of a real judge in a real court. The IRS has its so-called "U.S. TAX COURT" which seems to have been the forerunner of similar kangaroo operations within other government departments. There are such things as "Administrative Law Courts" complete with "Administrative Law Judges and Clerks," -- just like the real Judicial Courts. Even the U.S. Supreme Court refers to the IRS's U.S. Tax Court as a "so-called court".
When the tax man wants you to volunteer for his rules, he tells you that you can either pay the amount the IRS says you owe, or you can appeal to the U.S. Tax Court, or you can pay the money and then file a lawsuit in Federal Court to try and get it back.
Similar options are given by most agencies. You can do what the agency says, or you can appeal to some Zoning Board of Appeals or other formidable sounding body, or you can file a lawsuit in a Court of Law. Most of us are inclined to take the line of least formality. We usually take the position that our government would not intentionally do us wrong and whatever the problem, it is just a mistake or the fault of some yo-yo who should not be working for our government. We opt for the Tax Court or the Zoning Court or the Appeals Division of the MVD, or whatever. When we do, we volunteer to abide by their rules and procedures. We enter into a Contractual Agreement with the government agency making the terms. Then, if we fail to abide by the decision of that COURT(?), the agency can legally take us into a Real Court of Law and have that real court uphold the Administrative Tribunal's findings. If we did not volunteer, the agency in question would use all manner of threats and intimidation (T&I) to try and force "voluntary compliance" with their rules.
Don't be cutesy and think you can beat these experts at their own game. They are masters of word usage and abuse. You will have to listen and read very carefully. The Department of Housing and Urban Development (HUD) is probably one of the biggest abusers of implied volunteerism. Their rules (CFR, 24) state that if you open negotiations with them regarding the sale price of the property, "you have agreed to sell." The only question is the amount to be paid. If you say "Everything is for sale. I'll take a million bucks for my house," you have opened negotiations.
There is an old story about a man asking a woman if she would have sex with him for $1 Million. She thought a moment and said, "If I am to be totally honest, I guess I would have to admit that I would have sex with you for a million dollars." The man then asked her if she would have sex with him for $20. She asked pointedly, "What do you think I am -- a prostitute?"
He smiled and replied, "We have already established that. Now the only question remaining is the negotiated price you will accept."
If you feel you must talk to a bureaucrat, keep a small pocket recorder handy. The $50 invested will be well worth it to you somewhere down the line. Some states prohibit secret recordings of conversations and some will not allow the information to be used, even for reference purposes, if all the parties were not aware of the recording device.
Stick the recorder out front and advise the bureaucrat that this conversation is being recorded. You will be amazed at how much less T&I you have to put up with. You will also be able to substantiate what was said, even if only for your own attorney. In the heat of what could be an angry discussion with a government agent, we are often forgetful of embarrassing things we might have said and sometimes we tend to glamorize our position in retrospect. The same is true of government agents. The recording keeps everything candid.
If there is any question in your mind about the purpose of a meeting or proposal of government, then preface your questions and statements with "I'm curious. I do not intend that anything I say or my appearance here should be construed as voluntarily agreeing to your plan or proposal, but I would like some questions answered."
With that qualification prefacing your letter, appearance or remarks it should be reasonably established (especially if you tape it) that you are not volunteering for anything.
One way you might turn the tables on some of these tricksters is to make copies of the following Federal Law and hand it to them. Let them know you are aware that their program or methods are only rules and these are real criminal laws which can land someone in jail.
There are numerous Court precedents regarding both of these particular laws most of which agree that the statutes were, and are, intended to be used to protect ALL the rights of people and to punish anyone who conspires or violates those rights. The Courts have specifically pointed out that these LAWS uphold the Fourth and Fourteenth Amendment provisions of the Constitution and are not confined thereto. It is not meant to allow civil suits for such violations, although those may be brought under Federal, and some state, RICO (racketeering) laws.
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READ THESE LAWS CAREFULLY!
Keep a copy of these laws, preferably printed on business size cards, and use them much like the police use the Miranda Warnings. You can politely advise any government agent or even corporate bureaucrats that they will be in violation of these FEDERAL LAWS (not rules) if they attempt to enforce rules under color of law when you have not volunteered. Such WARNING CARDS are distributed at a nominal cost by Survival Force of America.
Title 18 U.S. Criminal Code -- Chapter 13
Section 241.
CONSPIRACY AGAINST RIGHTS OF CITIZENS
If two or more persons conspire to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--
They shall be fined not more than $10,000 or imprisoned not more than 10 years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.
Section 242.
Deprivation Of Rights Under Color Of Law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if death results shall be subject to imprisonment for any term of years or for life.
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A good citizen and grandfather lived in a rather high priced desert community and his house faced on a side street, rather than the street on which it was numbered. A local ordinance required that motorhomes be parked in back of the houses -- not on the side. Legally, his motorhome was parked in "back" of his house when he parked it on the side.
Bureaucrats didn't care. They wanted it moved. They filed a suit against the man and his wife and the Constable served them with a copy of the lawsuit AND "an order" from the Justice Court that they both appear at the Sheriff's office for fingerprinting at least 24-hours before they appear in court. The man was confused and his wife was visibly upset! How could they order him to be fingerprinted for a civil matter?
He called me and told me what was happening. I knew that such an order would violate all manner of Constitutional protection and I couldn't see that community making such a mistake. The answer was simple: A service of papers by the Constable DID NOT EXIST until the Constable returned to the court and signed a "certificate of service," under oath, stating he had served the correct persons in a lawful manner. Until such a document was filed, the Subpoenas and order to be fingerprinted did not officially exist.
If the couple went to a court to have the order quashed, it would be denied since no such order exists. If they complied and went to be fingerprinted before the certificate of service was filed, they would be considered to have done so voluntarily. That is why they were supposed to fingerprinted at least 24-hours before appearing in front of the judge.
After explaining this to him, I suggested he go to the court clerk's office and see if a certificate of service had been filed.
The clerk immediately said there was a mistake in the service and he could ignore it. He then passed out the WARNING CARDS mentioned earlier. Subsequently the Magistrate and the clerks refused to have anything to do with such proceedings!
The power of the bureaucrats is great and they aren't going to surrender it easily. They will always find a new way to try and trick you. Remember: If you think it is wrong, it probably is -- and you have to find out how the trick is being played!
Example of cfr justice dept.rules 9.6
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