Schulz, Robert (civil injunction case)

[Demosthenes]

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 3.0.3] (Albany)
CIVIL DOCKET FOR CASE #: 1:07-cv-00352-TJM-RFT

United States of America v. Schulz et al
Assigned to: Senior Judge Thomas J. McAvoy
Referred to: Magistrate Judge Randolph F. Treece
Cause: 26:7402 IRS: Petition to Enforce IRS Summons
Date Filed: 04/02/2007
Jury Demand: None
Nature of Suit: 870 Taxes
Jurisdiction: U.S. Government Plaintiff
Plaintiff
United States of America represented by Thomas M. Newman
U.S. Department of Justice - ENRD/EES
P.O. Box 7611
Ben Franklin Station
Washington, DC 20044
202-616-9926
Fax: 202-514-6770
Email: thomas.m.newman@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William F. Larkin
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0646
Email: william.larkin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.

Defendant
Robert L. Schulz represented by Robert L. Schulz
2458 Ridge Road
Queensbury, NY 12804
518-656-3578
PRO SE

Defendant
We the People Foundation for Constitutional Education, Inc.

Defendant
We the People Congress, Inc.


Date Filed # Docket Text
04/02/2007 1 COMPLAINT against Robert L. Schulz, We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc. filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(sfp, ) (Entered: 04/03/2007)
04/02/2007 2 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 8/1/2007 at 09:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 7/23/2007. (sfp, ) (Entered: 04/03/2007)
04/02/2007 3 Summons Issued as to Robert L. Schulz. (sfp, ) (Entered: 04/03/2007)
04/02/2007 4 Summons Issued as to We the People Congress, Inc.. (sfp, ) (Entered: 04/03/2007)
04/02/2007 5 Summons Issued as to We the People Foundation for Constitutional Education, Inc.. (sfp, ) (Entered: 04/03/2007)
05/21/2007 6 SUMMONS Returned Executed by United States of America. We the People Congress, Inc. served on 5/3/2007, answer due 5/23/2007. (Newman, Thomas) (Entered: 05/21/2007)
05/21/2007 7 SUMMONS Returned Executed by United States of America. We the People Foundation for Constitutional Education, Inc. served on 5/3/2007, answer due 5/23/2007. (Newman, Thomas) (Entered: 05/21/2007)
05/21/2007 8 NOTICE of Appearance by Thomas M. Newman on behalf of United States of America (Newman, Thomas) (Entered: 05/21/2007)
05/21/2007 CLERK'S CORRECTION OF DOCKET ENTRY - Atty incorrectly filed 6 & 7 as Summons Returned Executed. They were copies of the summons. Atty to refile correctly. (sfp, ) (Entered: 05/22/2007)
05/22/2007 9 SUMMONS Returned Executed by United States of America. (Newman, Thomas) (Entered: 05/22/2007)
05/22/2007 10 SUMMONS Returned Executed by United States of America. (Newman, Thomas) (Entered: 05/22/2007)
05/22/2007 11 SUMMONS Returned Executed by United States of America. Robert L. Schulz served on 5/3/2007, answer due 5/23/2007. (Newman, Thomas) (Entered: 05/22/2007)
05/24/2007 12 MOTION to Dismiss ; Motion Hearing set for 7/9/2007 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy,Response to Motion due by 6/22/2007,Reply to Response to Motion due by 6/28/2007. by Robert L. Schulz, We the People Foundation for Constitutional Education, Inc., We the People Congress, Inc.. (Attachments: # 1 Memorandum of Law # 2 Declaration #1 of Schulz# 3 Exhibit(s) A# 4 Exhibit(s) B (part 1)# 5 Exhibit(s) B (second part)# 6 Exhibit(s) C# 7 Exhibit(s) D# 8 Exhibit(s) E# 9 Exhibit(s) F# 10 Exhibit(s) G# 11 Exhibit(s) H# 12 Exhibit(s) I# 13 Declaration #2 of Schulz# 14 Declaration #3 of Schultz with Exhibits A-Z filed in Traditional manner# 15 Affidavit Corporate Disclosure Statement(s); Certificate of Service and Cover Sheet) (pta ) (Entered: 05/24/2007)
05/24/2007 CLERK contacted Mark Lane, Esq. by phone and left message re: 12 Motion to Dismiss and he needs to submit Application for Admission to the ND/NY (pta ) (Entered: 05/24/2007)
05/24/2007 13 COURT NOTICE to all parties re 12 Defendant's MOTION to Dismiss scheduledbefore the Honorable Thomas J. McAvoy for July 9, 2007 in Albany, NY at 10:00 a.m. (not at 9:30 a.m. as listed in the Notice of Motion)Clerk served all non NEF parties by regular mail. (pta ) (Entered: 05/24/2007)

[Demosthenes]

Schulz' Motion to Dismiss (and no, I'm not paying to download 325 pages):

Part Description
1 Main Document 1 page
2 Memorandum of Law 30 pages
3 Declaration #1 of Schulz 5 pages
4 Exhibit(s) A 3 pages
5 Exhibit(s) B (part 1) 54 pages
6 Exhibit(s) B (second part) 64 pages
7 Exhibit(s) C 58 pages
8 Exhibit(s) D 4 pages
9 Exhibit(s) E 3 pages
10 Exhibit(s) F 29 pages
11 Exhibit(s) G 5 pages
12 Exhibit(s) H 3 pages
13 Exhibit(s) I 5 pages
14 Declaration #2 of Schulz 31 pages
15 Declaration #3 of Schultz with Exhibits A-Z filed in Traditional manner 26 pages
16 Affidavit Corporate Disclosure Statement(s); Certificate of Service and Cover Sh 4 page

[Demosthenes]

Here's the Memorandum of Law:

http://www.cheatingfrenzy.com/schulz12-1.pdf

[notorial dissent]

Well I suppose you could either use it as an insomnia cure or else varnish it and use it as a door stop, certainly a better use than the paper was originally put to.

[Nikki]

Here's the Memorandum of Law:

http://www.cheatingfrenzy.com/schulz12-1.pdf

What %^&*&% kind of a pathetic tax-honesty Memorandum of Law is that supposed to be?

There's not a single citation to the King James' Bible, the Magna Carta, or any of Ron Paul's speeches?

[notorial dissent]

I'm curious, how many pages can it possibly take to declare that you are a lying scum suckin idiot trying to gull as many people out of as much money as possible? I think 30 some pages is just a bit over reaching even for someone with Schulz's ego.

[Nikki]

By the way, is Mark Lane merely Counsel of Record for the artificial entities?

The way the brief is written doesn't look anything like what he wrote in the WTP cases. It seems to be pure (I love this) BS writing all the way.

[Demosthenes]

06/11/2007 Robert Schulz has filed an emergency motion in 1:06-mc-131 (DNH)(DRH) to consolidate that case with this civil case, which motion will be addressed by Magistrate Homer. (cbm, ) (Entered: 06/11/2007)

06/18/2007 14 RESPONSE in Opposition re 12 MOTION to Dismiss & Cross-motion for Summary Judgment filed by United States of America. (Attachments: # 1 Statement of Material Facts # 2 Declaration Robert Schulz Decl #2(2)# 3 Declaration Astrup Decl. #1# 4 Declaration Celauro Decl.# 5 Declaration Deitz Decl. #1# 6 Deitz Decl. #2# 7 Declaration Engel Decl.# 8 Declaration Nelson Decl.# 9 Declaration Weaver Decl.# 10 Declaration Gordon Decl.# 11 Exhibit(s) Gordon Decl. Exh. 1# 12 Gordon Decl. Exh. 2# 13 Gordon Decl. Exh. 3# 14 Gordon Decl. Exh. 4# 15 Gordon Decl. Exh. 5# 16 Gordon Decl. Exh. 6# 17 Gordon Decl. Exh. 7# 18 Gordon Decl. Exh. 8# 19 Gordon Decl. Exh. 9# 20 Gordon Decl. Exh. 10# 21 Gordon Decl. Exh. 11# 22 Gordon Decl. Exh. 12# 23 Gordon Decl. Exh. 13# 24 Gordon Decl. Exh. 14# 25 Gordon Decl. Exh. 15# 26 Gordon Decl. Exh. 16# 27 Gordon Decl. Exh. 17# 28 Gordon Decl. Exh. 18# 29 Gordon Decl. Exh. 19# 30 Gordon Decl. Exh. 20# 31 Gordon Decl. Exh. 21# 32 Gordon Decl. Exh. 22# 33 Gordon Decl. Exh. 23# 34 Gordon Decl. Exh. 24# 35 Gordon Decl. Exh. 25# 36 Gordon Decl. Exh. 26# 37 Gordon Decl. Exh. 27# 38 Gordon Decl. Exh. 28# 39 Gordon Decl. Exh. 29)(Newman, Thomas) (Entered: 06/18/2007)

06/18/2007 14 CROSS MOTION for Summary Judgment filed by USA; Motion Hearing set for 7/9/2007 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. [This entry is made to set this cross motion on Judge McAvoy's motion pending report.] (sfp, ) (Entered: 06/26/2007)

06/26/2007 15 Letter Motion from Robert L. Schulz, Pro Se Defendant requesting Adjournment of pending Motions for time to file response/reply papers submitted to Judge McAvoy. (Attachments: # 1 Copy Petition to Court of Appeals, District of Columbia# 2 mailing envelope)(pta ) Modified on 6/26/2007 to correct typo (pta ). (Entered: 06/26/2007)

06/26/2007 16 ENDORSED ORDER granting Robert Schulz's 15 Letter request to adjourn 12 Motion to Dismiss and 14 Cross Motion for Summary Judgment to the 7/27/07 Motion Calendar at 10 AM in Binghamton, NY before Judge McAvoy. Notwithstanding the provisions of N.D.N.Y.L.R.7, Deft Shulz shall file and serve his papers by 7/13/07. Signed by Judge Thomas J. McAvoy on 6/26/07. (sfp, ) (Entered: 06/26/2007)

06/26/2007 Clerk traditionally served 16 Endorsed Order upon non ecf parties, Robert Schulz and Atty Mark Lane. (sfp, ) (Entered: 06/26/2007)

06/26/2007 Reset Motion Deadlines: Adjourning 14 CROSS MOTION for Summary Judgment and 12 MOTION to Dismiss to Judge McAvoy's 7/27/07 Motion Calendar at 10 AM in Binghamton, NY. Deft's Reply to Response/Cross Motion due by 7/13/2007. (sfp, ) (Entered: 06/26/2007)

06/29/2007 NOTICE: The Rule 16 conference scheduled before Judge Treece on 08/01/07 at 9:30 a.m. is adjourned without further date due to the motion pending before Judge McAvoy on 07/27/07; Pltf's Counsel shall contact Judge Treece's Chambers upon motion decision by Judge McAvoy if the Rule 16 conference needs to be rescheduled. (rzh, ) (Entered: 06/29/2007)

06/29/2007 17 COURT NOTICE adjourning scheduled rule 16 conference due to pending dispositive motion. (tab) (Entered: 06/29/2007)

07/09/2007 18 Minute Entry: MOTION CALENDAR held 7/09/07 bef Sr. Judge McAvoy in Albany, NY: APP/LC: None; CR: T. Casal; CRD/mp. Defts We/People Foundation, We/People Congress & Schulz's 12 Motion to Dismiss; and, Pltf's 14 CROSS MOTION for Summary Judgment - ADJOURNED until 7/27/07 in Binghamton. (cml) (Entered: 07/09/2007)

07/12/2007 19 Letter Motion from Thomas M. Newman for United States of America requesting Leave to File a Reply to Defendants' Response submitted to Judge Thomas J. McAvoy. (Newman, Thomas) (Entered: 07/12/2007)

07/13/2007 20 ENDORSED ORDER Defts shall file with the Court and serve on Pltfs their opposition papers on or before noon on Monday, July 16, 2007. Opposition papers shall strictly comply with the page limitation requirements of LR 7.1(a)(1) and the formatting requirements of LR 10.1. Pltf shall have until noon on Monday, July 23, 2007 to file reply papers not to exceed 10 pgs in length. No further extensions of time or leave to file additional papers will be permitted. Any papers that are not filed with the Court by the times indicated above will be rejected. Signed by Judge Thomas J. McAvoy on 7/13/07. (sfp, ) (Entered: 07/13/2007)

07/13/2007 Clerk traditionally served 20 Endorsed Order upon non ecf party. (sfp, ) (Entered: 07/13/2007)

07/13/2007 Reset Deadlines as to 12 MOTION to Dismiss. Reply to Response to Motion due by 7/16/2007. (sfp, ) (Entered: 07/13/2007)

07/13/2007 Reset Deadlines as to 14 CROSS MOTION for Summary Judgment. Reply to Response to Motion due by noon on 7/23/2007. (sfp, ) (Entered: 07/13/2007)

07/16/2007 21 RESPONSE/REPLY to 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: # 1 Memorandum of Law in Opposition to Motion for Summary Judgment and in Response to Opposition to Motion to Dismiss# 2 Statement of Material Facts Response to Statement of Material Facts and Additional Material Facts that are in Dispute)(ban) (Entered: 07/17/2007)

07/16/2007 22 DECLARARION #4 of ROBERT SCHULZ re 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: # 1 Exhibit(s) B-C1# 2 Exhibit(s) C2-D1# 3 Exhibit(s) D2# 4 Exhibit(s) D3# 5 Exhibit(s) E-H# 6 Exhibit(s) I-J)(ban) (Entered: 07/17/2007)

07/16/2007 23 DECLARATIONS 5 and 6 of Robert Schulz re 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: # 1 Exhibit(s) A and M to Declaration #5 of Robert Schulz (5 Video Exhibits on File in Clerk's Office)# 2 Declaration #6 of Robert Schulz with exhibits A-L# 3 Exhibit(s) M-R to Declaration #6 of Robert Schulz)(ban) (Entered: 07/17/2007)

07/16/2007 24 DECLARATIONS 8, 9, and 10 of Robert Schulz re 14 CROSS MOTION for Summary Judgment, 12 MOTION to Dismiss filed by Robert L. Schulz. (Attachments: # 1 Exhibit(s) C-F to Declaration #8 of Robert Schulz# 2 Declaration #9 of Robert Schulz# 3 Declaration #10 of Robert Schulz)(ban) (Entered: 07/17/2007)

07/19/2007 25 REQUEST and ENDORSED ORDER ; denying Defendant's Schulz Request to deny the USA from filing Reply papers; in re 20 Order on Letter Request, which granted, 19 Letter Motion from Thomas M. Newman for United States of America requesting Leave to File a Reply to Defendants' Response. Signed by Judge Thomas J. McAvoy on 7/19/07. (pta ) (Entered: 07/19/2007)

07/19/2007 CLERK mailed to Defendant Schulz by regular mail a copy of 25 Request and Endorsed Order (pta ) (Entered: 07/19/2007)

[Demosthenes]

Schulz and WTP enjoined:

http://www.cheatingfrenzy.com/schulz30.pdf

[Famspear]

CaptainKickback wrote:

And to think, this week I am learning how to deconstruct cases to then write case memos . . .

Did you start law school this summer? If so, how's it going?

[wserra]

Out of curiosity, the folks who did go to law school, out of the people that started with you, how many survived to get their JD

About two-thirds. Of the drop/flunkouts, almost all were during first year. Hang in there.

and of them, how many passed the bar?

Not positive, but high. In excess of 90%.

BTW, except for the criminal law clinic and my study group (about ten of us who basically stayed together for three years), I hated law school. The clinic was great - I tried a dozen cases as a third-year LS - thanks mostly to the efforts of former DC US Attorney Bill Greenhalgh. At least when I was in law school, that wasn't possible anywhere else in the country. I still count three members of the study group among my best friends - and I graduated in 1976.

[Famspear]

CaptainKickback wrote:

Out of curiosity, the folks who did go to law school, out of the people that started with you, how many survived to get their JD and of them, how many passed the bar?

Well, I would respond in two parts: those who probably "flunked out" and those who probably just "dropped out."

Where I went to school, I think very few actually flunk out. In my beginning "section," which I think was 67 students (out of a class of maybe 250 to 300 that started the autumn that I began), I think maybe only one or two actually flunked out, but I'm not sure.

But one or two others may have simply dropped out, deciding that law school wasn't what they wanted (including, as I recall, one woman with a Ph.D. in psychology who quit after either the first or second semester). There are always a few people who have the ability but who decide it's not for them after all.

On the bar exam, I think the pass rate for my law school was between 80 and 88 percent for first try candidates for my school (and for most law schools in Texas). Not above 90 percent.

[fortinbras]

When last heard of, in June 2008, Shulz had, just under the deadline, complied with a court order to provide the IRS with a list of the names & addresses of purchasers of his tax-dodging instructions. He then tried to regain some momentum by announcing a very flaky drive to get his interpretation of the right to petition heard in all 11 federal circuits (notwithstanding that the US Supreme Court has repeatedly ruled against his interpretation) .... while he supposedly endures another of his magic fasts unto death (magic because the last time he did it, in the summer of 2001, he didn't lose any weight).

I think we should all tell him that self-immolation would be much more impressive.

[Trippy]

At long, LONG last ....

On January 27, 2010, the IRS served Notice upon WTP Foundation that it had retroactively revoked, back to 2003, its corporate 501(c)3 “tax-exempt” status.

IRS also provided notice it is preparing to execute levies against the Foundation for (alleged) past-due (alleged) tax deficiencies arising out of the (alleged) administrative revocation.

Read all about it here.

[Nikki]

In his third-party commentary (like anyone doesn't think it's Bob's writing), Bob neglects to mention that WTP was out of compliance with reporting requirements for years until someone named Demosthenes stirred up the embers.

Bob also slightly prevaricates where he says WTP never told anyone not to pay taxes. He escaped (at least temporarily) prosecution due to a very slim legal loophole.

He also fails to mention the underlying law granting a 501(c)(3) exemption and the duties and restrictions imposed thereby -- which WTP has blatantly violated for many years.

This is going to have two major impacts on Bob.

First, he's going to lose his forum and a large part of his audience.

More importantly, a large part of his personal revenue stream is going to vanish. Although he claims he hasn't, personally taken a penny from WTP funds, he neglects to mention either the rental WTP pays to operate out of his home or some of the incestuous contracts WTP has placed with very close friends of Bob.

[fortinbras]

In his third-party account, Schulz says "Bob Schulz never told anyone not to pay their taxes."

But, in late 2001 and early 2002 Schulz thought he could turn a DOJ "briefing" on tax law into a trial of the IRS itself and tried to make this happen by telling his followers "Don't file before the trial" -- as if somehow scoring a win in this briefing would instantly wipe out all tax liabilities. The DOJ and IRS were so outraged by his stunt that they cancelled the briefing altogether and the Congressman who had taken pity on poor whiny Bob Schulz gave him the boot.

[Judge Roy Bean]

... This is going to have two major impacts on Bob.
...

Only if he believes in them.

[wserra]

[DMVP thread hijack to "DMVP Thread Hijacks" in Flame Wars forum. From now on, this will happen without notice.]