Third Circuit cites "other" Cracking the Code negatively

[cynicalflyer]

My first post here, hope it is deemed worthy.

Monroe v. Beard (CA3 07-3711) surrounds the PA Department of Correction's seizure from prisoners of items that would have helped file false liens and similar documents against judges. The prisoners claimed First Amendment and civil rights violations. The EDPA judge was not persuaded, and neither was the Third Circuit panel (although it is worth noting this is a per curiam).

I think this is referencing PAMs "The Federal Zone: Cracking the Code of Internal Revenue", but it could be Pete's brew.

http://www.ca3.uscourts.gov/opinarch/073711p.pdf

[Footnote 4] Further investigation revealed that various publications were
advocating the exploitation of the UCC filing process and
provided explicit instructions on how to perfect these fraudulent
security interests, including sample financing statements forms.
One instruction book, Cracking the Code, calls for the use of
commercial law to resist authority, including the correctional
and judicial systems. The book adheres to the “Redemptionist”
theory, which propounds that a person has a split personality: a
real person and a fictional person called the “strawman.” The
“strawman” purportedly came into being when the United States
went off the gold standard in 1993, and, instead, pledged the
strawman of its citizens as collateral for the country’s national
debt. Redemptionists claim that government has power only
over the strawman and not over the live person, who remains
free. Individuals can free themselves by filing UCC financing
statements, thereby acquiring an interest in their strawman.
Thereafter, the real person can demand that government officials
pay enormous sums of money to use the strawman’s name or, in
the case of prisoners, to keep him in custody. If government
officials refuse, inmates are encouraged to file liens against
correctional officers and other prison officials in order to extort
their release from prison. Adherents of this scheme also
advocate that inmates copyright their names to justify filing liens
against officials using their names in public records such as
indictments or court papers. See Fairall Decl. ¶ 8; Shiffman,
Defendants Go on the Offensive, supra, at B1, B4.

[Demosthenes]

Welcome to Quatloos, Cyn.

[wserra]

My first post here, hope it is deemed worthy.

Well, I don't know. Doesn't have much to do with basketball.



Welcome, cynic. Don't expect to post here without having to read bad jokes.

[Nikki]

My first post here, hope it is deemed worthy.

Very good, for a simple factual post.

However, it lacks the sarcastic, insulting analysis of the perpetrators of the offense and is completely missing the appropriate references to Monty Python, torture devices, or alcoholic beverages.

Keep at it.

[Dezcad]

My first post here, hope it is deemed worthy.

Well, I don't know. Doesn't have much to do with basketball.



Welcome, cynic. Don't expect to post here without having to read bad jokes.

Is that Kobe's Dad?

[The Observer]

My first post here, hope it is deemed worthy.

Very good, for a simple factual post.

However, it lacks the sarcastic, insulting analysis of the perpetrators of the offense and is completely missing the appropriate references to Monty Python, torture devices, or alcoholic beverages.

Keep at it.

Nikki, I'm sure he wasn't expecting the Spanish Inquistion.

[Imalawman]

"My first post here, hope it is deemed worthy."
Very good, for a simple factual post.

However, it lacks the sarcastic, insulting analysis of the perpetrators of the offense and is completely missing the appropriate references to Monty Python, torture devices, or alcoholic beverages.

Keep at it.

Nikki, I'm sure he wasn't expecting the Spanish Inquistion.

You are hereby fined two Quatloos for misspelling a Monty Python reference. Don't do again unless you want to be harvesting corn in northwest Iowa.

[webhick]

Give him a break, guys. It's his first post and the paperwork for the installation of the "Snark Modification Chip" is still in process.

[The Observer]

And I wasn't expecting the Grammar Nazis.

[Demosthenes]

The "Cracking the Code" reference is likely to this gem:

http://www.amazon.com/REDEMPTION-LAW-TH ... B000IZP36S

To read more about Varouj "Vic" Varjabedian and Jordan Maxwell (aka Russell Pine), go here:

http://www.ftc.gov/os/caselist/jordanma ... xwell.shtm

[cynicalflyer]

The "Cracking the Code" reference is likely to this gem:
http://www.amazon.com/REDEMPTION-LAW-TH ... B000IZP36S

Sorry. Would that then be the "other" other Cracking the Code?

Illuminati neophyte that I am, I get confused easily by:
the Codes getting Cracked
which Crack is Coded
how much Code would a Van Pelt Crack if a Van Pelt could Crack Code?

I suddenly feel the urge to get out an old COBOL manual. Or a glass pipe. Either/or.

[Imalawman]

The "Cracking the Code" reference is likely to this gem:
http://www.amazon.com/REDEMPTION-LAW-TH ... B000IZP36S

Sorry. Would that then be the "other" other Cracking the Code?

Illuminati neophyte that I am, I get confused easily by:
the Codes getting Cracked
which Crack is Coded
how much Code would a Van Pelt Crack if a Van Pelt could Crack Code?

I suddenly feel the urge to get out an old COBOL manual. Or a glass pipe. Either/or.

I see the Snark chip was successfully implanted. Welcome. Now begins the hazing ritual. Bring out the interns!!!!

[Judge Roy Bean]

My first post here, hope it is deemed worthy.

Monroe v. Beard (CA3 07-3711) surrounds the PA Department of Correction's seizure from prisoners of items that would have helped file false liens and similar documents against judges. The prisoners claimed First Amendment and civil rights violations. The EDPA judge was not persuaded, and neither was the Third Circuit panel (although it is worth noting this is a per curiam).

I think this is referencing PAMs "The Federal Zone: Cracking the Code of Internal Revenue", but it could be Pete's brew.

http://www.ca3.uscourts.gov/opinarch/073711p.pdf

[Footnote 4] Further investigation revealed that various publications were
advocating the exploitation of the UCC filing process and
provided explicit instructions on how to perfect these fraudulent
security interests, including sample financing statements forms.
One instruction book, Cracking the Code, calls for the use of
commercial law to resist authority, including the correctional
and judicial systems. The book adheres to the “Redemptionist”
theory, which propounds that a person has a split personality: a
real person and a fictional person called the “strawman.” The
“strawman” purportedly came into being when the United States
went off the gold standard in 1993, and, instead, pledged the
strawman of its citizens as collateral for the country’s national
debt. Redemptionists claim that government has power only
over the strawman and not over the live person, who remains
free. Individuals can free themselves by filing UCC financing
statements, thereby acquiring an interest in their strawman.
Thereafter, the real person can demand that government officials
pay enormous sums of money to use the strawman’s name or, in
the case of prisoners, to keep him in custody. If government
officials refuse, inmates are encouraged to file liens against
correctional officers and other prison officials in order to extort
their release from prison. Adherents of this scheme also
advocate that inmates copyright their names to justify filing liens
against officials using their names in public records such as
indictments or court papers. See Fairall Decl. ¶ 8; Shiffman,
Defendants Go on the Offensive, supra, at B1, B4.

OK, I'm going to go out on a limb and move the above most worthy topic back into consideration....

I'm a little disturbed that the BOP's "broad discretion" went in the direction of a peremptory step of removing reading materials to seemingly control subject matter as opposed to taking action against actual misconduct when it occurs.

I'm inclined to say the choke point should be prevention of the filings as opposed to the dissemination of the theory - IF the attempt to file results in swift and sure punishment.

In other words, the State offices that accept UCC filings need to be more alert to who the he** is filing this stuff and take action against the filers.

See, the problem isn't limited to prisoners - and prisoners can always find someone to file them on their behalf.

As it is right now, there are crackpots out there selling how-to and "we'll do it for you" administrative remedy crap - and they rely on the giant holes in the state offices.

The states are apparently accepting the filings without the signature of the debtor(s). Until they put a stop to that, just taking the books and papers from people already incarcerated will accomplish little.

When one of these comes in via mail it should immediately be sent to the nearest US Attorney's office. If we get a few prosecuted and fined post-haste the movement will die.

[cynicalflyer]

When one of these comes in via mail it should immediately be sent to the nearest US Attorney's office. If we get a few prosecuted and fined post-haste the movement will die.

There is a difficulty with respect to the authority of a "mere" clerk to accept/reject, particularly at the county/local court level. For the most part, clerks are prohibited from making judgments as to the validity of what is being filed. The acceptance is a magisterial act and the clerks are prohibited from looking into the document (so to speak).

Texas only just (eff. Sept. 1, 2005) passed a law specifically allowing their clerks to do just the sort of reference you are talking about.

http://www.capitol.state.tx.us/BillLook ... ill=SB1589

SECTION 1. Section 51.901, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) If a county clerk believes in good faith that a document
filed with the county clerk to create a lien is fraudulent, the
clerk shall:
(1) request the assistance of the county or district
attorney to determine whether the document is fraudulent before
filing or recording the document;
(2) request that the prospective filer provide to the
county clerk additional documentation supporting the existence of
the lien, such as a contract or other document that contains the
alleged debtor or obligor's signature; and
(3) forward any additional documentation received to
the county or district attorney.
SECTION 2. Subchapter B, Chapter 405, Government Code, is
amended by adding Section 405.021 to read as follows:
Sec. 405.021. FILING OR RECORDING OF FRAUDULENT DOCUMENT.
If the secretary of state believes in good faith that a document
filed with the secretary of state to create a lien is fraudulent,
the secretary of state shall:
(1) request the assistance of the attorney general to
determine whether the document is fraudulent before filing or
recording the document;
(2) request that the prospective filer provide to the
secretary of state additional documentation supporting the
existence of the lien, such as a contract or other document that
contains the alleged debtor or obligor's signature; and
(3) forward any additional documentation received to
the attorney general.
SECTION 3. This Act takes effect September 1, 2005.

[wserra]

My first post here, hope it is deemed worthy.

Well, I don't know. Doesn't have much to do with basketball.



Welcome, cynic. Don't expect to post here without having to read bad jokes.

Is that Kobe's Dad?

This is worthy of one last comment.

Sheesh.

[Judge Roy Bean]

This is worthy of one last comment.

Sheesh.

You are hereby fined ten quatloos for aiding and abetting really bad humor.

Pay the clerk on the way out.

[Sound of gavel]

[Dezcad]

This is worthy of one last comment.

Sheesh.

You are hereby fined ten quatloos for aiding and abetting really bad humor.

Pay the clerk on the way out.

[Sound of gavel]

Can I at least get an assist on that dunk?

I need to pad my stats for the upcoming free agent season.

[Demosthenes]

What are you people prattling on about?

[jcolvin2]

What are you people prattling on about?

Not sure if this is responsive to your question, but the pictured basketball player is James Worthy, forward for L.A. Lakers in the early 1980s. Worthy played along with Kareem, Magic Johnson, Michael Cooper and the (also pictured white guy) Kurt Rambis.

[Prof]

Who played at UNC!!!!!! (Go, Heels!)