Cherron Marie Phillips indicted

[Lambkin]

http://www.upi.com/Top_News/US/2012/11/ ... 352495105/

A Chicago woman who claims to be a "sovereign citizen" has been charged with filing false liens against federal officials, U.S. prosecutors said Friday.

Cherron Marie Phillips, who also uses the name "River Tali," falsely said officials, including former Chicago U.S. Attorney Patrick Fitzgerald and James Holderman, chief judge of the U.S. District Court in the northern district of Illinois, owed her brother $100 billion, the indictment charged.

[Lambkin]

Enjoy!
http://www.chicagotribune.com/news/loca ... 9436.story

A reputed member of an extremist anti-government group was released to home detention Friday after her arrest on charges she filed bogus legal claims to retaliate against former U.S. Attorney Patrick Fitzgerald, the chief federal judge in Chicago and several other court officers.

The liens sought $100 billion from each target, the indictment alleged.

Cherron Marie Phillips, who sources said is affiliated with the "sovereign citizen" movement, refused to have an attorney appointed on her behalf and stood in silence when the judge asked how she pleaded to the charges.

After several pauses, Phillips, 42, declared, "I accept for value and return for value for settlement and closure of this matter."

U.S. District Judge Milton Shadur told her that "didn't cut it" and that he didn't understand what she was trying to say. "And I'm pretty good at this stuff," the longtime judge said.

[Judge Roy Bean]

...

U.S. District Judge Milton Shadur told her that "didn't cut it" and that he didn't understand what she was trying to say. "And I'm pretty good at this stuff," the longtime judge said.

Shadur is in his eighties so I suspect he's seen just about everything.

[morrand]

Interesting. I wonder if someone in the Recorder's office spotted these and flagged them. (I know from experience that they watch out for phony lis pendens, anyway, so probably a lien for $100B would give them pause.)

The full lien against Mr. Fitzgerald (26 p., 748 kB PDF) is available here. I leave it up to more experienced eyes than mine to determine what is bizarre, and what is garden variety lienship lunacy, but signs point to some previous involvement with the federal courts, anyway: an inmate at the Metropolitan (Federal) Correctional Center is listed, as are two people listed as "d/b/a DEA," and the lien is "submitted to case/account 06CR778."

[AndyK]

I met Mr Fitzgerald some time ago. Although he has a reasonable sense of humor, I suspect it does not encompass frivolity of this nature.

[wserra]

This wasn't Ms. Phillips' first encounter with the ILND. That was last year (11-cv-776):

On several occasions, Cherron M. Phillips, who is not a lawyer licensed to practice in this Court or any court, has spoken openly during court proceedings in the E.M. Dirksen U.S. Courthouse and has caused disturbances during court proceedings. Additionally, Cherron M. Phillips has filed numerous documents in case number 06 CR 778, USA v. Devon Phillips, to which she is not a party and which is pending in the Northern District of Illinois in the E.M. Dirksen U.S. Courthouse in Chicago, Illinois Cherron M. Phillips has attempted to approach the podium during a set status hearing in 06 CR 778. Ms. Phillips was told at that time she could not approach the podium at which time she caused a disturbance that resulted in her being told to leave the courtroom. Cherron M. Phillips has continually shown a pattern of behavior to delay and disrupt the administration of justice. Based upon Cherron M. Phillips's conduct in the E.M. Dirksen U.S. Courthouse: IT IS HEREBY ORDERED

that she is (1) barred from entering the Courthouse except with permission, (2) barred from filing any documents without permission, and (3) barred from filing new actions without permission.

It didn't work. In fact, she tried to file to that very docket things she denominated a "Summons to Appear", a "Writ of Quo Warranto", and a "Writ of Replevin Motion to Dismiss Pursuant to FR Cr P. 12(b)6, 41, 18 USC 112, 242, 1028 and 42 USC 1983". Since the clerk (per the above order) did not file these pieces of epic, we don't get our weekly quota of authentic frontier gibberish.

BTW, the case the Court referred to - 06-cr-778 - is a cocaine distribution indictment against Devon Phillips, Cherron Phillips' brother. It's not worth linking to the gibberish she filed on his behalf, other than to observe that they should really make up their minds as to whether they're "Indigenous Moors" or "Sovereign Washitaws". Shortly before trial, the Court revoked Devon Phillips' bond. The govt explains why: "In short, it appears that defendant's sister forged the signature of a bank trust officer on the Forfeiture Agreement [The part of the bond that provides that real property is forfeit to the govt if the defendant fails to appear. - WS], and then attempted to transfer the pledged property to a third party by a quitclaim deed." Moreover, the "third party" to whom she attempted to transfer the property is one "River Tali El Bey" - who, we now know, is really Cherron Phillips.

Maybe a trip to the pokey will make Ms. Phillips understand that she doesn't get to make her own rules.

Nah.

[morrand]

BTW, the case the Court referred to - 06-cr-778 - is a cocaine distribution indictment against Devon Phillips, Cherron Phillips' brother. It's not worth linking to the gibberish she filed on his behalf, other than to observe that they should really make up their minds as to whether they're "Indigenous Moors" or "Sovereign Washitaws". Shortly before trial, the Court revoked Devon Phillips' bond. The govt explains why: "In short, it appears that defendant's sister forged the signature of a bank trust officer on the Forfeiture Agreement [The part of the bond that provides that real property is forfeit to the govt if the defendant fails to appear. - WS], and then attempted to transfer the pledged property to a third party by a quitclaim deed." Moreover, the "third party" to whom she attempted to transfer the property is one "River Tali El Bey" - who, we now know, is really Cherron Phillips.

Oh, she's been busy with that stunt, according to the county recorder. My favorite is that she, as River-Tali Bey, issued three quitclaims to someone or something named, "Aboriginal V A C K Y R." Who or what that is, other than possibly the model for an eye chart, I have no idea.

Wayne Philips has also been involved in this: his name shows up in Devon's criminal case (at #179), and he's a grantor on at least one quitclaim to "River Tali E. Bey" (i.e., Cherron Phillips). Oddly, she conveyed the same parcel back four months later, also by quitclaim. Wayne's also been a busy filer at Cook County, especially since early 2010: he shows up as grantor on a small flock of non-specific notices at that time, but perhaps most relevant, he filed a quitclaim deed (on the same parcel that he and Cherron traded) to the "Aramas Aboriginal Indigenous Ministry" in October 2011. I'm not sure if that name means anything here (and I'm too busy typing this to go search first, sorry about that).

At any rate (and I apologize for rambling a bit--I'm typing as I go, here), the parcel they've been swapping, PIN 20-30-311-005-0000, has a long and peculiar history in the record, including a "Notarial Record," a "Declaration Land Patent", and a bunch of others in a similar vein. Not surprisingly, I suppose, one of the more legitimate looking ones isn't Wayne's: it's a foreclosure deed from May, 2011.

[wserra]

This one has the potential to be an interesting lesson in "how legally to screw yourself as thoroughly as possible".

The govt withdrew its initial motion for detention, and consented to a $4500 personal recognizance bond. So Phillips gets out. Good start, right? It may be the last good thing that happens to her. At arraignment ten days ago, she basically refuses to say anything, so the indictment must be handed and read aloud to her (something that always endears one to the judge and court personnel). She refuses to plead, so Judge Shadur enters a not guilty plea per Rule 11(a)(4), FRCrP.

A couple of days ago, she files 43 pages of nonsense. It's the usual stuff - Court has no jurisdiction over her, she is making a "special appearance" (there is no such thing in a criminal case), yadda yadda - with a couple of personal touches. First of all, she insists that she only signed her bond docs "under threat and duress", and actually scribbles "void" on them. If she's right, she should be immediately taken into custody. Second, she requests a "private meeting" with Judge Shadur; that seems unlikely to occur. Third, she signs the missive "River Tali Bey", the name the govt alleges she used in the fraudulent transaction I discussed above. That doesn't seem like the wisest course of action. Finally, though, she's gone David one better - she has had made several stamps which she places on the indictment, the bond docs, and so forth. They're verbose (there's a shock) and impossible to OCR, so you guys are gonna have to read them for yourselves. They babble about accepting for value, Treasury accounts and similar inanities.

And she signs them all "River Tali Bey".

[Montana Notasovrun]

What is the over-under line for when she goes back to jail? I'm going to say 4 weeks. There is a bit of old cowboy philosophy she might use, namely, when you find yourself in a hole, its best to stop digging.

[notorial dissent]

I've always been of the opinion that ANYONE who signs a document like those referred to here, or a traffic ticket, or anything requiring an affirmation, should immediately be dealt with, as noted previously by revoking the bail/bond or whatever, and in the case of the ticket immediate arrest without bail, since by their actions they do not intend to comply with the conditions.

Whether the phrases actually have any legal validity, is I think irrelevant, but the fact that they are not signing the documents freely and unreservedly means they are void to my way of thinking. Which is to say that I think the phrases, in those contexts are meaningless, but that they signify an intent contrary to the purpose of the agreement. I also think that carrying through on those actions would go a long way towards putting an end to that particular behavior.

[Kestrel]

I notice she signs herself:

River-Tali Bey
Executress (or Executrix)/Authorized Agent For:
Cherron Marie Phillips Estate Decedent/Debtor

To paraphrase an all-too-often quoted question, "Where's the death certificate?"

[notorial dissent]

What is the over-under line for when she goes back to jail? I'm going to say 4 weeks. There is a bit of old cowboy philosophy she might use, namely, when you find yourself in a hole, its best to stop digging.

I think you're being awfully generous. Judging by evidence at hand, the not bright is strong in this one, and she, and her friends, will undoubtedly find someway to shorten her brief stint in freedom, if only by offending/threatening the judge, as that should be next on the agenda, if she and her friends bought the whole unabridged course. Maybe they got the cut rate abridged version, I guess we'll shortly see.

[AndyK]

I read the whole bloody thing. My head started to hurt halfway through, so I applied mulyiple doses of oral ethanol (source Kentucky) to ease the pain,.

Thus, anything which follows is totally unreliable.

Almost at the end of the referenced PDF, Ms Bey / Phillips issued a document which appears to be something issued by a federal court.

If my alcohol-fogged brain is correct, Ms Bey / Phillips is in deep doodoo.

What would be most interesting, if the court has a sense of humor, would be for all charges against PHILLIPS or the estate thereof to be dismissed, but the anvil dropped on Ms Bey for (1) filing fraudulent documents with the court (2) impersonating (very poorly) an attorney, (3) filing bogus liens, (4) acting as the representative of an other person without valid authority, and (5) pretending to be a rational human being without any legitimate support.

[notorial dissent]

You're quite right, judicious applications of oral ethanol would be a major improvement.

That last batch of documents could/should really get her in all kinds of trouble. There's a notary involved who probably also shouldn't be a notary if they are notarizing documents without looking at them or knowing what they are.

[morrand]

Almost at the end of the referenced PDF, Ms Bey / Phillips issued a document which appears to be something issued by a federal court.

If my alcohol-fogged brain is correct, Ms Bey / Phillips is in deep doodoo.

With the benefit (?) of having had only one beer tonight, I went through the whole thing. I think the bit at the end is actually a release of lien by the government, which Ms. Bey / Phillips has helpfully signed on behalf of the government. She has also helpfully signed a performance bond, both as principal, and on behalf of Depository Trust Company as surety (under a power of attorney which, ah, is not in the record as presented.) Ms. Bey / Phillips / GSA / DTC may have a more serious identity crisis than she let on at first.

Elsewhere, she claims her address, at 433 West Harrison Street, Chicago, as outside of the jurisdiction of the United States. This must come as a great surprise to the employees and customers of the U.S. Postal Service, for that also happens to be the address of the main Chicago post office. Perhaps Ms. Bey / Phillips / GSA / DTC / ZIP has found a novel way to cure the Postal Service's pension woes.

She makes the grand claim that "According to 27 CFR 72.11, all crime is commercial ...." She may have a point--that section does mention counterfeiting as a commercial crime, among a short list--though she may be able to cover her point with a hat, as she's not (to my understanding) charged with counterfeiting, but with filing retaliatory liens. Yes, that's right: she's actually being charged under 18 USC 1521, the crime that was created to address this specific breed of gibberish. Anyway, 27 CFR 72.11 is in the section dealing strictly with alcohol, tobacco, and firearms offenses--and there we are, back at the alcohol again. I feel like that was a long road to a short cut, but, oh well.

There's even a nice example of a tax evading tax return in there, too.

For the record, the full texts of her stamps are as follows: On the front,

Pay to the order of the United States Department of Treasury, Timothy Geithner chargeback non-negotiable Accept for Value and Consideration all related endorsements (front and back) and returned for value pursuant to Public Law 73-10 48 Stat 112 June 5th, 1933, Charge account [SSN redacted] for registration fees and command the memory of account [SSN redacted] and charge the same to debtors orders to your orders.

By: /s/ River-Tali Bey 28 USC 1746(1) UCC1-308
Authorized Representative Without Recourse

November 11, 2012
Exemption ID #[SSN redacted]
Deposit to: United States Treasury and credit the same to United States District Court Northern District Case# 12CR872

Void where prohibited by law

where in many cases she substitutes "All rights reserved" for the UCC reference.

Then on the back is:

Bankers Acceptance
Accept for Value Return for Settlement and Closure of Pre-Offset Balanced Book Adjustment Exempt from Levy

By: /s/ River-Tali Bey all rights reserved
Authorized Representative Without Recourse

November 11th, 2012
Exemption ID# [SSN redacted]
Pay to the Order of:
United States Treasury
and CREDIT the same to United States District Court
Northern District
[in handwriting] case# 12CR872
Void where prohibited by law

Prepare shift simulfax clone mode ... no, sorry, that was something else.

Finally, there is an unexplained 20-digit number toward the end of this pile that looks very much like a credit card number, together with CVV and check digit. I could be wrong about that--I hope I am.

[Judge Roy Bean]

...
Finally, there is an unexplained 20-digit number toward the end of this pile that looks very much like a credit card number, together with CVV and check digit. I could be wrong about that--I hope I am.

It was probably Ron Paul's.

[wserra]

Okay . . .

A couple of days ago, the Court ordered that the 43 pages of nonsense to which I linked above be sealed, as Phillips splashed her Social Security number around it. I linked to it well before the order, and I question the remedy, but nonetheless have removed the link from my post.

Two other parts of the order are of interest. First, Judge Shadur noticed something we remarked upon: since she revoked her signature on the bond docs, Phillips should be remanded. Instead of doing that, he directed a stand-by Federal Defender to consult with her (nature of consult: "Did you bring your toothbrush?"), following which Phillips revoked her revocation. Judge Shadur ruled that this reinstated the bond, and left her out. A patient man.

Second, he found that the 43 pages of nonsense and "her in-court conduct" have raised a question as to her competence. He directed her to undergo an out-patient mental status exam, and permitted her to suggest the examiner ("River-Tali Bey El-Shrink"?). A very patient man. Status conference December 17.

Personally, my call is competent garden-variety sovrun.

[AndyK]

Competence:

I suspect there's a legally-defined 'line-in-the-sand' separating competent from non.

If someone would care to elaborate, I'd appreciate it.

Perhaps a good reference case could be that of our former resident, David Merill. Clearly, he lived in a world of his own construction. However, his case was never settled since the original complaint was withdrawn.

Would his existence on Planet Merrill, despite his higher-than-average level of intelligence, make him legally non-competent? Remember, on that planet, he gets to define how all legal proceedings are conducted and how all laws are interpreted. (Noate the similarity to the instant case)

Alternatively, is there some better explanation those of us without legal training can comprehend?

Thanks

[wserra]

I suspect there's a legally-defined 'line-in-the-sand' separating competent from non.

Legal definition, yes; line, not so much.

a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

Phillips - if incompetent, which I doubt - would come within the "assist properly in her defense" prong. But note that it must be as a result of "a mental disease or defect". Sovrunty doesn't qualify (although perhaps it should).

[notorial dissent]

I think it is more a case of she and her buddies buying the cut rate "You Too Can Be A Sovrun, common law pat pendg" course, and either skipped a few chapters or just never got them all. I would bet that upon further checking, she and her friends have graduated from some less esoteric scam to this particular game.

What it more sounds like is that she got a judge who has never run in to this particular variety of codswollop before and so is thinking she is delusional rather than just another con artist.