Gold Shield Alliance in Canada was previously discussed here;
viewtopic.php?f=49&t=9345&hilit=gold+shield+alliance
although this earlier case is not identified as being Albertan. However the Nielsens are in Alberta and the recent court decision on their attempts to impose a Gold Shield Alliance solution on their problems is given here;
http://www.canlii.org/en/ab/abqb/doc/20 ... M4MwAAAAAB
I'd recommend reading the whole thing rather than just my write-up. it is quite short but very comprehensive in its analysis of the Gold Shield scheme and the A4V nonsense.
The usual backstory. In over their heads in a real estate purchase, can't meet the mortgage, property foreclosed. Unfortunate but just your normal run of the mill property issue. As the court itself said "In short, this was an unexceptional foreclosure proceeding by the lender after the mortgage had gone into default". Then the Nielsens unleashed the crazy! They sent a whack of Gold Shield Documents A4Ving their debt and telling the Alberta government to bugger off and pester the US Treasury for the money, a point that had the court somewhat perplexed;
The court declined to attached any legal credibility to the Nielsen's arguments and was in fact somewhat critical of the whole scheme;[18] I pause at this point to note the general absurdity of not only the proposition that there exist secret bank accounts linked to a person’s Social Insurance Number and name, but that in the case of Canadians those secret bank accounts are, for some inexplicable reason, administered by a government department of an entirely separate nation. One would think the Bank of Canada would complain.
I think claiming that Gold Shield is "based" anywhere is a bit of a stretch. I did a Streetview check on the address of Gold Shield's headquarters in Georgia. It is a UPS store rental post box in a mall.[8] The GSA documents which were received by ATB and its counsel are attached as Appendix “A”. These materials are of a type that was identified and reviewed by Associate Chief Justice Rooke of our Court in Meads v Meads, 2012 ABQB 571 (CanLII), 2012 ABQB 571, 543 AR 215 [“Meads”], and which have been named “Organized Pseudolegal Commercial Arguments” [“OPCA”]. Meads describes how OPCA schemes are a commercial product promoted by individuals called “OPCA gurus”, persons who market legally incorrect schemes that promise rewards such as immunity from obligation, free money, and escape from criminal sanction: para 73. These schemes don’t work, but do provide a kind of “cottage industry” for their promoters: Fearn v Canada Customs, 2014 ABQB 114 (CanLII), 2014 ABQB 114 at para 247 [“Fearn”].
[9] OPCA gurus offer no benefit to their customers, and their schemes only cause futile and unnecessary expenditure of court and litigant resources. Rooke ACJ in Meads at para 72 stated:
The persons who advance these schemes, and particularly those who market and sell these concepts as commercial products, are parasites that must be stopped.
[10] Similarly, Justice Tilleman in Fearn at para 219 characterized OPCA gurus “... the ‘Typhoid Marys’ of the OPCA phenomenon.” and at para 247 observed:
OPCA gurus are uniquely obnoxious in that they not only make victims of the court and their own customers, but they do so in a commercial context, for profit, operating a cottage industry of seminars, training materials, and tutorials. OPCA gurus engage in a business that causes real social and individual harm. They are a malevolent, dark mirror reflection of the legal profession. [Italics in original.]
[11] This decision offers the opportunity to review and refute a highly exploitive, predatory, and unpleasant scheme that targets and abuses persons who face debts. GSA operates a scam that uses legally ineffective OPCA techniques that allegedly clear outstanding credit card balances, mortgages, and loans, all for a fee of $800-900 per debt cleared. Instead, GSA’s customers are left without any benefit, and GSA’s activities waste court and litigant resources.
[34] It would be tempting to view these threats as the roars of a paper tiger, but unfortunately OPCA litigants such as GSA are well known for their misuse of legal processes such as liens to engage in “paper terrorism” against state and court actors: Fearn, at paras 197-211. Even more alarming, OPCA litigants have formed vigilante police forces and courts: Fearn, at paras 201-210. These actions are particularly prevalent in the US, where GSA appears to be based.
Note that damn Meads v Meads popping up again. Meads and Fearn, now much cited in cases across Canada, were both Alberta decisions.
So the court dumped on the Nielsens;
The court ordered the sale of the land in question and ended with an admonition against relying on Gold Shield;[28] So, while the Apostolic Letter may be valid law in Rome, that government entity does not have any extraordinary jurisdiction in Canada. Canada is a sovereign country. Another country’s laws do not apply here.
[29] In conclusion, the GSA documents provide neither a basis to pay the Nielsons’ outstanding debts, nor do they create any obligation on their targets, identified in Appendix “A” at p 2 as “PUBLIC SERVANTS”, to follow GSA’s directions which would, in any case, be ineffectual. The services that GSA sells to its customers are entirely worthless. This is a scam, sold by grifters, to the desperate and vulnerable.
[30] Unfortunately, that is not the end of the potential injury to GSA’s customers. GSA’s con is an OPCA-based, ineffectual money-for-nothing scheme. An attempt to discharge or evade a debt by “A4V” techniques is a basis for special damages: CIBC v Marples, 2008 BCSC 590 (CanLII), 2008 BCSC 590 at paras 3, 4, 7. These strategies are inherently frivolous and vexatious, and are a basis for solicitor and own client costs: Meads, at para 584.
[31] In this instance the GSA documents did not add any complexity to the proceeding, or require a rebuttal by ATB. The Nielsons did not appear to contest the April 9, 2014 application. If they had I would have awarded indemnity costs against the Nielsons for any additional expense that they caused the ATB by hiring GSA to “zero” their mortgage debt.
[36] The GSA documents are prima facie civil contempt of court. It is irrelevant that these documents have no possibility of affecting this Court’s actions: R v Gillespie, 2000 MBQB 149 (CanLII), 2000 MBQB 149, 149 ManR (2d) 196, affirmed 2000 MBCA 160 (CanLII), 2000 MBCA 160, 156 ManR (2d) 162; R v Froese 1980 CanLII 428 (BC CA), (1980), 23 BCLR 181, 54 CCC (2d) 315 (BCCA), Fearn, at paras 192-194. As such, an attempt to use those documents to impede the operation of a court and the administration of justice would be a basis to find the Nielsons in contempt of court and administer fines and/or order a term of imprisonment.
[37] As a Master of the Court of Queen’s Bench I do not have that contempt authority, nor do I think it is necessary to direct a contempt hearing against the Nielsons given they did not appear in court and argue the GSA documents “zeroed” their mortgage with ATB. If they had made that argument, or if I had been a direct recipient of these materials then I would not have hesitated initiation of a contempt proceeding.
As a side note the Nielsen's court filings included the most aggressive foisted unilateral contract I've ever seen. Normally they give a short grace period to rebut but not this one; it is legally binding as soon as the reader sees it!39] In my review of these and other GSA documents I have noticed a disquieting fact; there is no indication that GSA has ever shared with its customers copies of the correspondence it sends to governments, courts, lawyers, and financial institutions. The only parts of the GSA documents that obviously involved the Nielsons were the two affidavits (Appendix “A”, pp 5-6), that are essentially devoid of content and which appear to have been prepared months before the remainder of the GSA documents. It may be that GSA operates as a black box, taking in money and promising results, while its mechanism remains concealed from its customers. If so, then these reasons expose that the black box is entirely empty. This is also why I have reproduced the GSA documents in their entirety – so the Nielsons can now see what GSA has sent on their behalf.
[40] In the affidavits (Appendix “A”, pp 5-6) Christopher and Donna Nielsen are identified as “Member # 5514”. If that is an accurate reflection of the number of persons who have paid for GSA debt “zeroing” services, then this is no mere ‘cottage industry’ of fraudsters. I will not comment further on the despicable nature of GSA and its promoters as their contemptible character is plainly obvious simply based on the facts of this matter. Regardless, perhaps this review of the ineffectual and illegal character of GSA’s activities will dissuade other potential victims from hiring this “service”.
And the consequences of freely agreeing to be bound by the contract (well they did see it so they must have agreed) are;NOTICE OF LIABILITY
Notice to all parties
NOT for filing purposes
Be it known, that if you are viewing this notice, you are now considered an “agent” and will be held personally liable for the contents and directives contained herein, as a “public servant”.
Per worldwide Papal Decree of 9/1/13, all “public servant” immunities have been revoked. All public servants and agents thereof, who in any way obstruct the completion of the enclosed directives, are liable.
You are now personally liable for your actions or lack of actions in this matter.
This notice is provided in Common Law Original Jurisdiction
Notice to the Principal is notice to the Agent.
Notice to the Agent is notice to the Principal.
I. Sender Directives:
• All public servants are required to comply as stated under the terms of the Papal World Trust Global Settlement Decree effective 7/1/13 and under the papal “loss of immunities to public servants” decree effective 9/1/13.
• Bank is REQUIRED to apply appropriate ledger entries to satisfy all true Beneficiary(s) outstanding account balances herein identified, to zero, including those with this institution’s affiliates/divisions/branches not identified and to provide a written statement reflecting zero account balance(s) of same.
• All public servants are REQUIRED to cease all further collections and/or legal actions in this matter and must notice all interested public servants of same.
• Non-compliance with the settlement requirements of the world trust coupled with your loss of immunity, squarely places the full responsibility upon each recipient, their staff and associates. Penalties can include the following: monetary fines, removal from position, arrest and trial in world court for crimes against humanity.
Zero All Accounts:
1) Items to be included in the zeroing of all accounts are: outstanding principal, interest, insurance, taxes, late fees, court fees, attorney fees and any other fees or records.
2) Treasury Obligation: The Department of the Treasury will remit PAYMENT-IN-FULL for all residual financial obligations regarding this matter as sent via separate notice.
III. Accounts Detail:
Sheriff/Trustee Sale Date:
Bank: Alberta Treasury Branch
Mortgage Loan(s):
Vehicle Loan(s):
Credit Card(s):
Student Loan(s):
Lease(s):
LOC:
HELOC:
Other:
IV. Current Open Actions:
1) Sheriff/Public servants Sale:
2) Garnishment:
3) Garnishment:
4) Garnishment:
5) Property Lien:
6) Property Lien:
7) Property Lien:
Levy 1:
9) Levy 2:
10) Levy/Garn:
V. Bank Obligations:
Sender now directs the following actions be carried out expeditiously and completely by the public servants being observant of the settlement deadline:
1. The BANK is to immediately cease all further collections in this matter.
The BANK is to stop and prohibit any foreclosure, repossession, legal or harmful actions regarding this matter.
2. If property is still in my possession:
a) The BANK is to zero all outstanding balance(s) in Section III above.
b) The BANK upon zeroing all balance(s) is to record all note(s) as “paid in full as agreed”.
3. If property has been foreclosed/repossessed and SOLD:
a) The BANK is to provide a full accounting of the market value of the property at sale date and the gross revenues obtained from the sale.
4. If property has been foreclosed/repossessed and NOT SOLD:
a) The BANK is to zero all outstanding balance(s) of these properties.
b) The BANK is to record all note(s) as “paid in full as agreed”.
c) The BANK is to immediately return all subject properties to sender with full accessibility and in good order.
5. The BANK is to provide a full accounting of zero balances in all subject accounts.
6. The BANK is to submit an accounting of the total amounts garnished/taken from bank accounts, retirement accounts, social security accounts, employers and any other forced collections regarding this matter.
VI. Bank Documentation and Duties:
1. The BANK is to notify all credit reporting agencies of a satisfactory “paid as agreed” statement and to issue directives for removal of any associated derogatory notices in this matter.
2. The BANK is to remove all levies, liens, garnishments and deductions including all Section IV items above.
3. The BANK is to notify the recorder of deeds (or equivalent) of satisfaction of mortgage(s).
4. The BANK is to provide a quiet title action to return a clear title to me should no third party liens exist.
5. The BANK is to notify the Department of Motor Vehicles (or equivalent) of satisfaction of loan(s) and to issue clear title(s) to me for all vehicles in this matter.
6. The BANK is to notify servicers, collectors and all parties of interest of the satisfactory closure of this matter.
VII. Bank Document Response:
1. The BANK is to fax all the above documentation and notifications as specified herein along with a signed copy of this notice.
VIII. Sheriff Documentation and Duties:
1. The SHERIFF is to stop and prohibit any foreclosure, repossession, legal or harmful actions regarding this matter.
2. The SHERIFF is to fax this signed document attesting completion of these matters.
Penalties for non-compliance: Non-compliance with the settlement requirements of the world trust coupled with your loss of immunity, squarely places the full responsibility upon each recipient, their staff and associates. Penalties can include the
following: monetary fines, removal from position, arrest and trial in the world court for crimes against humanity.
