[00:00.000 --> 00:08.040]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:08.040 --> 00:10.040]  bulletins for the commodities market.
[00:10.040 --> 00:23.880]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.880 --> 00:51.080]  Today in history, Wednesday, May 15th, 1991, a 107-page report is released outlining classified
[00:51.080 --> 00:54.360]  information at Manuel Noriega's drug smuggling trial.
[00:54.360 --> 00:58.160]  The document revealed that Noriega was in fact the CIA's man in Panama.
[00:58.160 --> 01:02.240]  How Noriega had received an $11 million dollar slush fund from the agency, how he, with
[01:02.240 --> 01:07.320]  support from the CIA, was sending European-built anti-ship missiles to Argentina, which were
[01:07.320 --> 01:11.680]  then being used against British ships in the Falklands War, along with also revealing the
[01:11.680 --> 01:16.040]  less devastating act of funneling hundreds of thousands of CIA funds to contra-militia
[01:16.040 --> 01:17.040]  leaders in Nicaragua.
[01:17.040 --> 01:21.840]  In defense, the U.S. redacted from the report Noriega's contacts with President Bush, then
[01:21.840 --> 01:25.760]  Vice President, meetings with Oliver North and CIA Director William Casey, as well as
[01:25.760 --> 01:35.400]  four pages describing his aid to U.S. Army intelligence units in Panama.
[01:35.400 --> 01:40.600]  In recent news, DuPont was cited by OSHA yesterday for an alleged 11 safety violations, including
[01:40.600 --> 01:45.240]  one repeat violation for not training employees on the use of the building's ventilation systems.
[01:45.240 --> 01:48.360]  The violations carry fines totaling $99,000.
[01:48.360 --> 01:52.120]  This investigation was in response to four workers that died after being overwhelmed
[01:52.120 --> 01:56.560]  by methylmethylmarkin released at La Porte, Texas chemical plant on November 15.
[01:56.560 --> 02:01.300]  DuPont spokesman Aaron Woods said that the company has cooperated with OSHA, as well
[02:01.300 --> 02:05.280]  as other investigations by other state and federal agencies, and that they are conducting
[02:05.280 --> 02:14.720]  completely new process hazard analysis acting on findings from their own investigations.
[02:14.720 --> 02:19.680]  FedEx Corporation was recently denied a motion to dismiss charges by the U.S. Justice Department
[02:19.680 --> 02:24.880]  of conspiracy to distribute controlled substances, first indicted in July for shipping packages
[02:24.880 --> 02:29.400]  from illegal online pharmacies, and again in August for allegedly accepting payment from
[02:29.400 --> 02:34.320]  several pharmacies with known funds from invalid prescriptions. Despite repeated warnings from
[02:34.320 --> 02:39.200]  U.S. drug enforcement officials, U.S. District Judge did however rule in favor of the company
[02:39.200 --> 02:43.880]  on a motion to subpoena some communication records, which FedEx says will prove it aided
[02:43.880 --> 02:48.080]  law enforcement. The Lone Star Lowdown is currently looking for sponsors. If you have
[02:48.080 --> 02:51.360]  a product or a service that you would like to advertise on the Lowdown, feel free to give
[02:51.360 --> 03:16.840]  us a call at 210-863-5617. This has been your Lowdown for May 15, 2015.
[03:16.840 --> 03:34.120]  Okay, we are back. Brian Kelton, U of R radio, and we're talking to Livia in Pennsylvania.
[03:34.120 --> 03:44.120]  And Livia, I just got an email from Jeff Sedgwick. Jeff Sedgwick's out of Maryland, and he is
[03:44.120 --> 03:50.240]  very knowledgeable on this issue, these issues. And I'm trying to get him to call in to my
[03:50.240 --> 03:56.080]  caller bridge because, I mean, my guest bridge because my caller bridge is full. I need to
[03:56.080 --> 04:03.960]  be corrected on the air. He has sent me an email that says, Helping Families Save Their
[04:03.960 --> 04:14.440]  Homes Act. All mortgage transfers are required to be recorded. Notice of recording sent to
[04:14.440 --> 04:24.320]  the homeowner and informing homeowner of the book and page of the recording. This is federal
[04:24.320 --> 04:38.280]  statute. That is interesting because I'm not sure how the feds can apply this in the states
[04:38.280 --> 04:45.280]  to anyone other than a national association. But I'm sure Jeff could explain that to me.
[04:45.280 --> 04:52.160]  But that isn't interesting. I haven't read the Helps Families Save Their Homes Act. I
[04:52.160 --> 05:02.520]  suppose that I should. So, Livia, you might want to pull that down and read it. It sounds
[05:02.520 --> 05:12.200]  like exactly what you're looking for. Yes, it does. Thank you. Appreciate that. Wonderful.
[05:12.200 --> 05:16.800]  And keep us up to date. Let us know what happens. I will do that. Now I know how to call in.
[05:16.800 --> 05:22.560]  And that's the way to make sure the performance is good. I will follow up. Appreciate your
[05:22.560 --> 05:32.520]  help, Wendy. Okay. Thank you. Okay. Now we're going to go to Ms. Leslie. You sent me some
[05:32.520 --> 05:44.280]  case earlier and I didn't get time to read it, but it seemed like it wasn't a great case.
[05:44.280 --> 05:56.760]  What was that case, Ms. Leslie? It's Buick versus GMAC. Now the Buicks had sent a rescission
[05:56.760 --> 06:06.720]  letter based on the truth in lending statement was incorrect outside of the limits allowed
[06:06.720 --> 06:18.880]  by law. And they did it within the 36th month. The bank did not object to the rescission
[06:18.880 --> 06:29.880]  within 20 days. Now this is in Minneapolis, in the federal courts there. They then got
[06:29.880 --> 06:39.880]  foreclosed by MERS and they filed a lawsuit to enforce the rescission and make them get
[06:39.880 --> 06:46.600]  in their home back because MERS was the one that bought their house at the auction. The
[06:46.600 --> 06:55.720]  court, lower court threw it out and they appealed. And then the first court, then the appeals
[06:55.720 --> 07:01.720]  court got it and they realized that Justinowski was going to be decided. So they held off
[07:01.720 --> 07:07.520]  on their decision until that came through. And then they came back and they decided on
[07:07.520 --> 07:18.000]  it. And what they said was that it doesn't matter that the bank, they ignored the fact
[07:18.000 --> 07:28.360]  that the bank never objected to the rescission within the 20 days. And they said that there
[07:28.360 --> 07:38.480]  was two different times that the rescission would be effective and one for the truth in
[07:38.480 --> 07:50.760]  lending act, the lending statement. And that would be before rescission is affected by
[07:50.760 --> 08:01.480]  one statute, which is 1605 F2A and that is one half of one percent of the total amount
[08:01.480 --> 08:08.280]  of the credit expended is the limitation there. It can't vary more than that. And then the
[08:08.280 --> 08:15.960]  other one is if they were foreclosed on and they wanted to rescind then, it's affected
[08:15.960 --> 08:25.320]  by 15 USC 1635 I2, which they would qualify under that. But they turned them down and
[08:25.320 --> 08:34.360]  said they didn't rescind their mortgage because they didn't file it after they got foreclosed
[08:34.360 --> 08:40.760]  on, which was outside of the time of limited outside the statute of limitations. Even if
[08:40.760 --> 08:47.320]  they filed it before they had, they should have exercised it again. And because they
[08:47.320 --> 08:58.080]  did not, they threw it out. They threw out the case and said that rescission was ineffective.
[08:58.080 --> 09:07.160]  So they're saying that the first rescission was ineffective because it wasn't filed correctly
[09:07.160 --> 09:17.400]  and they had a second shot at it after they were given notice of default. So they didn't
[09:17.400 --> 09:26.000]  know that their first one was ineffective. So they didn't file a second time. Exactly.
[09:26.000 --> 09:37.120]  I hope they appeal. I'm sure they will. That is. For two reasons. Why? And that's because
[09:37.120 --> 09:42.440]  and the main one being that the bank can't keep this over the people's heads for years
[09:42.440 --> 09:52.480]  on end. Once you send the decision, it's supposed to be finalized when they receive it. Okay.
[09:52.480 --> 10:04.640]  Were they saying that the borrower had no power to rescind the first time? Yes. Then
[10:04.640 --> 10:13.720]  the lender had no duty to respond. Right. So the fact that the bank didn't object within
[10:13.720 --> 10:25.080]  20 days becomes irrelevant because the rescission was not effective. But you would think that
[10:25.080 --> 10:37.480]  because the Supreme Court said that the rescission is final when it's effective, when it's received
[10:37.480 --> 10:48.240]  by the bank. In order for it not to be effective, the bank has to object. Well, that's certainly
[10:48.240 --> 11:02.100]  going to presume that a proper rescission was filed. That the borrower had the capacity
[11:02.100 --> 11:11.440]  to file rescission. Right. An improper rescission doesn't become proper because the bank doesn't
[11:11.440 --> 11:20.720]  object to it. You're looking at it the opposite way that I am. Because from what I got from
[11:20.720 --> 11:28.160]  the Jesenowski is that when it's filed, they have to object if there's anything wrong with
[11:28.160 --> 11:36.760]  it. Yeah. But if it's improperly filed, then isn't it void of an issue?
[11:36.760 --> 11:47.160]  Yeah. It's a compliment to me. The whole thing is a compliment to me.
[11:47.160 --> 11:54.000]  Sometimes this is difficult. Most of the time when I read these kind of court decisions,
[11:54.000 --> 12:00.720]  when I really look at them hard, most of the times I agree with them. It's just frustrating
[12:00.720 --> 12:08.480]  that the law can get so detailed that we could miss these things. We had a case a few years
[12:08.480 --> 12:19.600]  ago where a mall, Northeast Mall in Hearst, Texas, wanted to expand and they got the city
[12:19.600 --> 12:27.280]  to condemn a whole neighborhood so that they could take over this property and pay more
[12:27.280 --> 12:33.240]  tax money to the city. And the city said, great. And they condemned all the property.
[12:33.240 --> 12:40.400]  Well, the property owners fought it and lost in the Supreme Court. And what the Supreme
[12:40.400 --> 12:49.760]  Court said, not our business. This is a state issue. We have no power to rule over it. You
[12:49.760 --> 12:54.800]  know, when it came down, I had all these people saying, oh, the government's stealing everything.
[12:54.800 --> 13:00.580]  And this is another example of government overreaching. The feds should step in and
[13:00.580 --> 13:11.040]  take care of this. And I read the ruling and I said, they were right. Be careful what you
[13:11.040 --> 13:16.560]  ask for. We don't want the feds reaching into the state and handling the state's business.
[13:16.560 --> 13:22.280]  And what the Supreme said, that if the people of the state of Texas wanted this change,
[13:22.280 --> 13:30.840]  they would have to change it. We have no power to interfere. So in this case, this was kind
[13:30.840 --> 13:41.240]  of scary because we just got that great ruling from the Supreme that said that when the rescission
[13:41.240 --> 13:52.720]  was filed, then it wasn't a motion. It was an actual rescission and the loan was rescinded.
[13:52.720 --> 14:00.160]  Now we have this thing coming along mitigating, but then again, it doesn't mitigate the ruling.
[14:00.160 --> 14:06.920]  Does it, Leslie?
[14:06.920 --> 14:12.480]  In some ways it would put a damper on anyone that would purport to exercise, that would
[14:12.480 --> 14:19.840]  attempt to exercise. This is what I see is wrong with it. When you rescind your mortgage
[14:19.840 --> 14:26.760]  and they don't do anything in 20 days, you think, now I just got to go get on with my
[14:26.760 --> 14:33.480]  life. But that's not what happens. They hold that on you. And then you have to go for five
[14:33.480 --> 14:39.240]  or six years before anything happens. And then you finally get a decision. That's just
[14:39.240 --> 14:40.920]  part of the scene, right?
[14:40.920 --> 14:47.280]  Yeah, but if you didn't have power to, if you didn't follow the original rescission
[14:47.280 --> 14:58.120]  within the rules, should you be able to depend on that because the other side didn't respond?
[14:58.120 --> 15:05.240]  Yeah. But if you thought that you understood what the rules were and you were wrong.
[15:05.240 --> 15:09.160]  If that appears what happened here.
[15:09.160 --> 15:10.160]  Yes.
[15:10.160 --> 15:11.160]  Should.
[15:11.160 --> 15:21.960]  And they were current when they rescinded. And if they had objected in the 20 days, there
[15:21.960 --> 15:27.680]  would have been no foreclosure. That's what I'm saying.
[15:27.680 --> 15:33.240]  Yeah. How did they not have, I missed the part. I wasn't real clear on how they did
[15:33.240 --> 15:41.840]  not have capacity to file the original rescission. What was wrong with the original rescission?
[15:41.840 --> 15:49.120]  Because when you file a rescission and you are not in foreclosure, there is a different
[15:49.120 --> 16:01.440]  standard of what is allowable as far as the truth and lending statement, the tolerance
[16:01.440 --> 16:02.960]  range is different.
[16:02.960 --> 16:08.600]  Oh, okay. So when they filed their original rescission, they were not within the tolerance
[16:08.600 --> 16:09.600]  range?
[16:09.600 --> 16:16.120]  Yeah. But if they would have filed it after they were in foreclosure, they were.
[16:16.120 --> 16:27.200]  So yeah, see, here's the problem. We have to be careful what we ask for. Should a bank
[16:27.200 --> 16:36.000]  be able to file an action that is horrendously illegal and then be able to depend on that
[16:36.000 --> 16:46.440]  action simply because I didn't respond correctly to it or failed to respond to it? Hang on.
[16:46.440 --> 16:54.400]  About to go to break. Randy Kelton rules our radio. I call it number 512-646-1984. We'll
[16:54.400 --> 17:00.720]  be right back.
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[19:01.080 --> 19:09.080]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:09.080 --> 19:15.080]  Well, don't let them get to you.
[19:15.080 --> 19:21.080]  Okay, we are back. Randy Shelton with Rule of Law Radio, and we're talking with Leslie
[19:21.080 --> 19:29.080]  from Pennsylvania. And Leslie, I've got Jeff on, and he wanted to comment about the previous
[19:29.080 --> 19:32.080]  caller.
[19:32.080 --> 19:34.080]  Oh, good.
[19:34.080 --> 19:35.080]  Go ahead, Bill.
[19:35.080 --> 19:37.080]  Hey, Leslie.
[19:37.080 --> 19:42.080]  Hi.
[19:42.080 --> 19:48.080]  Insofar as the mortgage and the recordation is concerned, as Randy had read out on the
[19:48.080 --> 19:56.080]  show, there is the Helping Families Save Their Homes Act, and it requires by federal statute
[19:56.080 --> 20:02.080]  that the assignment or transfer of mortgages must be recorded, and that the homeowner is
[20:02.080 --> 20:10.080]  to be notified as to where the recording is actually lodged or nested, such as the book
[20:10.080 --> 20:18.080]  and page of the old school, such as we are here in Maryland. Only here in Maryland it's
[20:18.080 --> 20:24.080]  called the library and folio instead of book and page. Or if you're in Florida, the registration
[20:24.080 --> 20:25.080]  number.
[20:25.080 --> 20:26.080]  Right.
[20:26.080 --> 20:33.080]  That should handle that particular issue. The other is that the lady from North Carolina
[20:33.080 --> 20:35.080]  said that she had sent a dispute letter.
[20:35.080 --> 20:36.080]  Yes.
[20:36.080 --> 20:40.080]  Was that an FDCPA dispute, Randy?
[20:40.080 --> 20:41.080]  Yes.
[20:41.080 --> 20:42.080]  Okay.
[20:42.080 --> 20:49.080]  Oh, no. No, no. That would be a qualified written request. It had to be for adequate
[20:49.080 --> 20:50.080]  practices.
[20:50.080 --> 20:57.080]  Okay. Well, it doesn't necessarily have to be that if the people who are attempting to
[20:57.080 --> 21:03.080]  foreclose on her now took that note after it was in default.
[21:03.080 --> 21:06.080]  Okay. Wait, wait. She's not in foreclosure at all.
[21:06.080 --> 21:07.080]  Not in default.
[21:07.080 --> 21:09.080]  She just wanted to pick a fight.
[21:09.080 --> 21:10.080]  She's not in foreclosure.
[21:10.080 --> 21:12.080]  Oh, okay. All right.
[21:12.080 --> 21:17.080]  She's kind of doing due diligence to make sure she doesn't have a problem.
[21:17.080 --> 21:24.080]  Okay. Well, hopefully she's got a pencil and paper handy, because I'm going to give
[21:24.080 --> 21:36.080]  her some information here on a case. It's Haddad, H-A-D-D-A-D, versus Alexander out
[21:36.080 --> 21:46.080]  of the Sixth Circuit. And within that case, the circuit court laid down what it takes
[21:46.080 --> 21:55.080]  to validate a debt. So she can start penciling and papering and determine whether or not
[21:55.080 --> 22:02.080]  she actually did get validation of the debt, or for that matter, anyone can do that now.
[22:02.080 --> 22:08.080]  Granted, it's not necessarily accepted in all the circuits, but it's starting to be
[22:08.080 --> 22:13.080]  accepted in all the circuits. Or it's starting to be...
[22:13.080 --> 22:18.080]  And it gives you a good guideline to gauge what you received.
[22:18.080 --> 22:30.080]  It's far more persuasive than the Galarizzo case, Judry versus Galarizzo. You're going
[22:30.080 --> 22:37.080]  to find a lot of lawyers will cite Judry versus Galarizzo as they only have to give the contact
[22:37.080 --> 22:45.080]  information. But it's obvious to me, all they read were the headnotes in Westlaw or
[22:45.080 --> 22:51.080]  LexisNexis, and never actually pulled up the judicial order and read what the judicial
[22:51.080 --> 23:00.080]  order said, because that's not what the order said. So when you do your searches on LexisNexis
[23:00.080 --> 23:08.080]  and such, and they give you a case, go read the judicial order, never mind what LexisNexis
[23:08.080 --> 23:15.080]  says, go read the judicial order. It'll make a difference.
[23:15.080 --> 23:21.080]  The arguments in the case and the explanations in the case don't mean anything. The order
[23:21.080 --> 23:24.080]  is the only thing that means anything.
[23:24.080 --> 23:31.080]  Well, yes. You also have to keep in mind that when they publish these things on various
[23:31.080 --> 23:42.080]  databases, they oft times are somebody's opinion and not what was actually said. So go read
[23:42.080 --> 23:50.080]  the actual judicial order. And if you can't pull it up on PACER, go to the government
[23:50.080 --> 23:56.080]  publishing office. You can get it there.
[23:56.080 --> 24:00.080]  Get all the cases at the government publishing office?
[24:00.080 --> 24:03.080]  Yeah.
[24:03.080 --> 24:09.080]  That's interesting.
[24:09.080 --> 24:16.080]  One of the downsides I have with doing that is you can't highlight the important sections
[24:16.080 --> 24:20.080]  because the document is completely locked.
[24:20.080 --> 24:22.080]  Can you download it?
[24:22.080 --> 24:23.080]  Yeah.
[24:23.080 --> 24:29.080]  Well, then save it as a different name or export it. If you have Acrobat, you can export
[24:29.080 --> 24:30.080]  it.
[24:30.080 --> 24:32.080]  It's still a locked PDF.
[24:32.080 --> 24:39.080]  Well, you can export it to another format and then bring it back to PDF.
[24:39.080 --> 24:41.080]  That I don't know.
[24:41.080 --> 24:47.080]  Yeah. If you have Acrobat, you can export it to a Word document or to images.
[24:47.080 --> 24:48.080]  Right.
[24:48.080 --> 24:53.080]  Images is best because it doesn't change anything.
[24:53.080 --> 25:02.080]  I like the PACER because it gives you the case number and the document number. And you
[25:02.080 --> 25:09.080]  can highlight the significant sections of the actual order. Or if you're pulling something
[25:09.080 --> 25:17.080]  other than the order, like a motion, you can highlight the sections of the motion. So I
[25:17.080 --> 25:21.080]  prefer PACER when I can get my hands on it.
[25:21.080 --> 25:29.080]  Okay. Acrobat helps if you have it. You can run text recognition. And once you've run
[25:29.080 --> 25:38.080]  text recognition, you can control A, control C, and then drop it into another document.
[25:38.080 --> 25:42.080]  They've got lots of ways of tricking out documents.
[25:42.080 --> 25:53.080]  I know that you can do an OCR on a photographic image type PDF and make it searchable.
[25:53.080 --> 26:02.080]  Yeah. And if you OCR it, even if it's locked, then you can control C. I mean, control A
[26:02.080 --> 26:09.080]  will select the entire document. Control C will copy it to the clipboard. Then you can
[26:09.080 --> 26:18.080]  open it right again. Now you've got to round that.
[26:18.080 --> 26:26.080]  And you can look on the Internet. They have tools that will unlock documents, PDF documents.
[26:26.080 --> 26:33.080]  There are sites, free sites, that just load up the document and it unlocks it.
[26:33.080 --> 26:44.080]  Yeah, but if you've got a case, say in the Fifth Circuit, less than, not any further
[26:44.080 --> 26:52.080]  back in 2005, you should be able to find it virtually on the opening page.
[26:52.080 --> 26:56.080]  Oh, good. Okay. Okay. Thank you very much, Jeff.
[26:56.080 --> 27:00.080]  You're welcome. Oh, one other thing.
[27:00.080 --> 27:02.080]  Don't eat your beauty sleep.
[27:02.080 --> 27:04.080]  One other thing.
[27:04.080 --> 27:05.080]  Yes.
[27:05.080 --> 27:14.080]  In the case of doing a dispute for demand for validation, they do not have to respond
[27:14.080 --> 27:22.080]  ever. People will read the statute and think, well, they got 30 days to respond. No, they
[27:22.080 --> 27:33.080]  do not have to respond ever. But if they fail to respond, then they have to cease, quit,
[27:33.080 --> 27:37.080]  stop, halt debt collection.
[27:37.080 --> 27:40.080]  That's an important distinction.
[27:40.080 --> 27:42.080]  Yes.
[27:42.080 --> 27:49.080]  That was the distinction MERS made in the suit by the Dallas County District Attorney
[27:49.080 --> 27:54.080]  against it. We don't have to do this, but there are ramifications, which brings me to
[27:54.080 --> 27:55.080]  a question.
[27:55.080 --> 28:00.080]  You have to be a little careful with MERS because you need to know at any given point
[28:00.080 --> 28:03.080]  in time, are you actually dealing with MERS or MERS Corp?
[28:03.080 --> 28:04.080]  MERS Corp.
[28:04.080 --> 28:05.080]  Two different entities.
[28:05.080 --> 28:15.080]  Okay. This was the MERS arguing that they weren't required to file anything, which
[28:15.080 --> 28:26.080]  brings me to a question I had about the Helping Families Save Their Homes Act. What is the
[28:26.080 --> 28:27.080]  remedy?
[28:27.080 --> 28:29.080]  What is the remedy?
[28:29.080 --> 28:35.080]  The consequence or remedy for the mortgage company. What's the consequence to the mortgage
[28:35.080 --> 28:41.080]  company if they fail to file and notice the lending of the filing?
[28:41.080 --> 28:43.080]  I don't know.
[28:43.080 --> 28:46.080]  Okay. I guess I need to fill that out and read it.
[28:46.080 --> 28:47.080]  Yeah.
[28:47.080 --> 28:56.080]  There has to be a consequence. One consequence I'm sure of is the governing law and service
[28:56.080 --> 29:04.080]  availability clause of the mortgage document or deed of trust document where both parties
[29:04.080 --> 29:09.080]  agreed to abide by our law. You get a breach of contract, but what the courts are likely
[29:09.080 --> 29:18.080]  to say is how are you harmed by the breach of contract? So I'm hoping there is a statutory
[29:18.080 --> 29:22.080]  remedy in that act.
[29:22.080 --> 29:24.080]  Okay. I'll have a look.
[29:24.080 --> 29:25.080]  Okay.
[29:25.080 --> 29:26.080]  Thank you.
[29:26.080 --> 29:27.080]  Thank you very much.
[29:27.080 --> 29:28.080]  Good night.
[29:28.080 --> 29:29.080]  Okay. Leslie.
[29:29.080 --> 29:30.080]  Yes.
[29:30.080 --> 29:35.080]  I kind of feel like I beat you up a little bit.
[29:35.080 --> 29:42.080]  No, but I'm just so frustrated over this thing because you would think that they wouldn't
[29:42.080 --> 29:45.080]  be, they shouldn't be allowed to not-
[29:45.080 --> 29:49.080]  Wait, hold on. We're about to go to break. Hang on. We'll be right back. This is Randy
[29:49.080 --> 29:56.080]  Kelton with Google Radio. I call it number 512-646-1984. We'll be right back.
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[33:25.080 --> 33:32.080]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Lesley in Pennsylvania.
[33:32.080 --> 33:35.080]  Sorry I had to cut you off there, Lesley.
[33:35.080 --> 33:36.080]  It's okay.
[33:36.080 --> 33:39.080]  But you were frustrated.
[33:39.080 --> 33:47.080]  Yes, I am frustrated because it, you know, in almost everything you do, there's a time
[33:47.080 --> 33:54.080]  limit on it, and they had 20 days to respond by filing something in court to stop a rescission
[33:54.080 --> 34:01.080]  at that time. And if they failed to do it then, why would there be a right to do it
[34:01.080 --> 34:03.080]  any other time?
[34:03.080 --> 34:14.080]  Well, because the original, the filing itself was flawed. So the filing, the flawed filing
[34:14.080 --> 34:24.080]  did not become repaired because the other side failed to object to it. And most of the
[34:24.080 --> 34:33.080]  time, if we fail to exercise a right, we waive it. But in this case, it kind of goes to subject
[34:33.080 --> 34:43.080]  matter jurisdiction. If the lender files a case against me, and they never had legal
[34:43.080 --> 34:53.080]  capacity to file it, no matter what, I can have that thing overturned based on subject
[34:53.080 --> 34:59.080]  matter jurisdiction because they didn't have legal capacity. Here, if I understand the
[34:59.080 --> 35:09.080]  case right, the borrower did not have legal capacity to rescind. And the fact that the
[35:09.080 --> 35:16.080]  bank didn't respond within 20 days didn't affect whether or not they had legal capacity
[35:16.080 --> 35:19.080]  to rescind.
[35:19.080 --> 35:21.080]  Okay.
[35:21.080 --> 35:28.080]  And if we allowed that, that would be really, really scary.
[35:28.080 --> 35:36.080]  Yeah. Yeah. Okay. Well, I mean, this just concerns me that, you know, they thought that
[35:36.080 --> 35:41.080]  they had rescinded everything properly and they would have been able to if they had done
[35:41.080 --> 35:46.080]  it after they were foreclosed or got a notice of foreclosure.
[35:46.080 --> 35:55.080]  So from that regard, this is an important case for anyone considering rescindion. And
[35:55.080 --> 36:02.080]  what do you need to understand about rescindion after foreclosure? Once you receive a notice
[36:02.080 --> 36:12.080]  of default, if you can show more than $35 in improper fees charged to you, rescind
[36:12.080 --> 36:22.080]  renews. So anybody can do that. So anybody who's being foreclosed on, you should definitely
[36:22.080 --> 36:36.080]  look at rescinding note. But in this case, we do have to be careful. I hate it when we
[36:36.080 --> 36:45.080]  lose on something this technical. But then again, they filed the rescindion based on
[36:45.080 --> 36:48.080]  something just as technical.
[36:48.080 --> 36:50.080]  Yeah.
[36:50.080 --> 36:53.080]  So we have to be careful what we ask for.
[36:53.080 --> 37:01.080]  This did not extend. This would not have extended past the 36 months if they would have filed
[37:01.080 --> 37:03.080]  after foreclosure.
[37:03.080 --> 37:08.080]  Right. So we should take fair warning from this case.
[37:08.080 --> 37:11.080]  This is 36 months.
[37:11.080 --> 37:16.080]  Foreclosure starts file rescindion.
[37:16.080 --> 37:28.080]  If you get notice of default, file to rescind. And here's the trick. When you file to rescind,
[37:28.080 --> 37:36.080]  they're going to ask, the bank will ask for tender. They're going to say, you have to
[37:36.080 --> 37:43.080]  tender the property back to us if we tender all the money we paid to you. And for most
[37:43.080 --> 37:49.080]  people, that's not too much of a problem, but it's too easy for the banks.
[37:49.080 --> 37:57.080]  So look at your HUD 1 settlement statement, page 2. On page 2, you'll see all the fees
[37:57.080 --> 38:07.080]  charged to you at closing. Look at those fees and think back to when you closed on the note.
[38:07.080 --> 38:16.080]  Did the lender bring to you documentation showing that the fees charged at closing were
[38:16.080 --> 38:25.080]  not otherwise forbidden to be charged by law, that the fees were for services that were
[38:25.080 --> 38:34.080]  actually rendered, that the fees were necessary, that the amounts charged were reasonable,
[38:34.080 --> 38:40.080]  and that the lender did not take an undisclosed markup on the amounts charged?
[38:40.080 --> 38:46.080]  Now, all of those questions are right out of the Real Estate Sample Procedures Act.
[38:46.080 --> 38:54.080]  These are requirements concerning these fees. If you did not receive this documentation,
[38:54.080 --> 39:01.080]  then your presumption should be that all those fees are fraudulent. And we've helped about
[39:01.080 --> 39:08.080]  500 people file federal lawsuits claiming that all these fees were fraudulent. Now we
[39:08.080 --> 39:17.080]  kind of knew that they probably all weren't, so we put a disclaimer in there. If you prove
[39:17.080 --> 39:24.080]  up any one of these fees, well, we'll take it out of our calculation. And what our calculation
[39:24.080 --> 39:33.080]  amounted to is all of these fees that you charged at closing were fraudulent. So we're
[39:33.080 --> 39:40.080]  going to subtract them from the principal at the time of the first payment.
[39:40.080 --> 39:48.080]  See, the bank came up with a payment amount based on the full purchase price, including
[39:48.080 --> 39:59.080]  these fees. Well, the monthly payment amount every month included these fees. So you take
[39:59.080 --> 40:07.080]  the fees off for the first payment as an overpayment, and then amortize out the note.
[40:07.080 --> 40:15.080]  It's best if you go online and find a spreadsheet-type loan amortization schedule.
[40:15.080 --> 40:29.080]  You put in your principal interest and term and run it, and it'll list out all your payments,
[40:29.080 --> 40:38.080]  what each payment is, what the interest is, what the principal is, all the way down until
[40:38.080 --> 40:45.080]  it decreases to zero. Well, if you subtract all those fees off HUD-1 settlement statement
[40:45.080 --> 40:51.080]  from the original principal, you go to zero a long time before the term.
[40:51.080 --> 40:56.080]  First one I did this with was Jeff Cedric. Jeff Cedric, not Jeff Cedric. First one I
[40:56.080 --> 41:06.080]  did this with was Steve Skidmore. $116,000 note at 6%. $12,000 in closing fees. We subtracted
[41:06.080 --> 41:16.080]  that from the original principal. His note would have went to $240. So the next 10 years
[41:16.080 --> 41:24.080]  of payments that he would have made would have been fraudulent. So the total amount
[41:24.080 --> 41:35.080]  he would have overpaid was $50,000 and $43 in change. In fraud, you do not claim the
[41:35.080 --> 41:42.080]  amount you were actually defrauded of. The loan was only six years old. You claim the
[41:42.080 --> 41:48.080]  amount you would have been defrauded of had the perpetrators plan ran through fruition.
[41:48.080 --> 41:57.080]  So he claimed the full $50,000. But you don't sue for that. You sue for triple. So in this
[41:57.080 --> 42:08.080]  calculation on $116,000 note, we get a claim against the lender of $150,000. So we claim
[42:08.080 --> 42:15.080]  tender by set off against the claim against him. And that's in the code or in the case
[42:15.080 --> 42:26.080]  law. You can avoid tender by claiming set off. About anybody can do that. Leslie, have
[42:26.080 --> 42:37.080]  you done that yet? Well, I haven't. They haven't asked for tender at all yet on ours. But I
[42:37.080 --> 42:45.080]  have figured out what it would be. I didn't recall what it was. So when we get to that,
[42:45.080 --> 42:53.080]  then we'll run this calculation and make a claim of tender by set off. Yeah, because
[42:53.080 --> 43:01.080]  even so, the amount, the funny thing is the amount that we've paid already on loan and
[43:01.080 --> 43:08.080]  the amount that they're saying is due, well, at the time they started this whole thing,
[43:08.080 --> 43:17.080]  they still would have owed, I would have owed about $4,000 total. Total. And it would have
[43:17.080 --> 43:25.080]  been in it. But the way it's going now, this isn't even going to be a matter of void by
[43:25.080 --> 43:33.080]  rescission. Although it is, it would be void because of all of the fraud and the forgeries
[43:33.080 --> 43:40.080]  in my case. Yeah, you have a lot of stuff for yours. So you won't even need to get,
[43:40.080 --> 43:46.080]  yeah, you'll probably never get to that part. Okay. Thank you, Leslie. We have to go to
[43:46.080 --> 43:54.080]  break, but we do need to move along. I always enjoy our conversations. Okay. Bye bye. We'll
[43:54.080 --> 43:56.080]  be right back.
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[46:28.080 --> 46:35.080]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're going to Mark in Texas. Hello,
[46:35.080 --> 46:36.080]  Mark.
[46:36.080 --> 46:42.080]  Hey, Randy. Good to talk to you again. I've been listening to the show tonight. There's
[46:42.080 --> 46:48.080]  all kinds of fabulous, sweet, interesting things that are relevant to what's going on
[46:48.080 --> 46:53.080]  with me in terms of filing some kind of suit in the near future. You remember we were speaking
[46:53.080 --> 47:01.080]  just last night and we were talking about the idea of my doing a plea to the jurisdiction
[47:01.080 --> 47:07.080]  versus actually following through with the motion that I have.
[47:07.080 --> 47:15.080]  Yes. Hang on a second. Are you on a speaker phone?
[47:15.080 --> 47:18.080]  There's some noise in the background. Can you hear me better now?
[47:18.080 --> 47:22.080]  I can hear you better. It kind of sounded like you were in a well there.
[47:22.080 --> 47:29.080]  Oh, that was a little bit of noise as I was moving through my house, but I've gotten to
[47:29.080 --> 47:31.080]  a spot that's quiet.
[47:31.080 --> 47:33.080]  Okay, good, good.
[47:33.080 --> 47:40.080]  One last thing. What I was curious about is I wanted to ask you this. Last night we were
[47:40.080 --> 47:47.080]  speaking about it. I have a motion right now to essentially dismiss the plaintiff's cause
[47:47.080 --> 47:53.080]  of action. I've got a hearing scheduled later in the month. The plea to the jurisdiction
[47:53.080 --> 48:00.080]  is a lot simpler, shorter, sweeter path to victory in my case than the argument that
[48:00.080 --> 48:06.080]  I have laid out. You helped me really see that last time as we were talking. I got it
[48:06.080 --> 48:10.080]  before, but I always figured that would be what I would do after this. Instead, it's
[48:10.080 --> 48:18.080]  what I should do first. The question I wanted to articulate here. Actually, as I think about
[48:18.080 --> 48:24.080]  the strategy of what I'm going to do with my case, I think it makes more sense for me
[48:24.080 --> 48:30.080]  to actually pull my motion. I don't want to have this hearing yet. I need to do discovery.
[48:30.080 --> 48:36.080]  I've got it all planned and written out. I just haven't served on them. I need to drop
[48:36.080 --> 48:42.080]  the discovery in their lap so that I can get some things that will be helpful as I make
[48:42.080 --> 48:47.080]  an occasion. Wait, wait, wait. You're not understanding
[48:47.080 --> 48:51.080]  child and subject matter jurisdiction. Okay.
[48:51.080 --> 48:56.080]  You're saying, why am I even dealing with this case?
[48:56.080 --> 49:05.080]  I understand that. Forgive me. This is something I should clarify. More or less, with respect
[49:05.080 --> 49:11.080]  to the challenge to the subject matter jurisdiction, as you said, I'm going to essentially write
[49:11.080 --> 49:17.080]  something up that says I'm at arm's length from the court. The plaintiff does not have
[49:17.080 --> 49:25.080]  sufficient capacity to invoke the subject matter jurisdiction because the suit was filed
[49:25.080 --> 49:32.080]  past the statute of limitations based on the face value of the complaint. I'll do that,
[49:32.080 --> 49:41.080]  but if I do it now and I get it dismissed, then I miss out on my opportunity to do discovery.
[49:41.080 --> 49:47.080]  I have a fraudulent assignment too. Okay. Hold on. Hold on. There's other methods
[49:47.080 --> 49:55.080]  for discovery. First thing you want to do is... Wait a minute. Why do you care about
[49:55.080 --> 50:03.080]  fraudulent assignments or any of that stuff? Well, this is why. They're asking for 200
[50:03.080 --> 50:10.080]  something thousand dollars from me, and I have an assignment that is particularly obviously
[50:10.080 --> 50:15.080]  fraudulent. Okay. You've got to get your head out of the
[50:15.080 --> 50:20.080]  fight. Okay. You said that to me last night. I thought
[50:20.080 --> 50:29.080] ... Remember Indiana Jones, the search for the Holy Grail where they're chasing him to
[50:29.080 --> 50:35.080]  town, and this guy steps in front of him in a black outfit and a sword, and he's doing
[50:35.080 --> 50:41.080]  all kinds of fancy stuff with the sword. Indiana Jones pulls out a pistol, shoots him, and
[50:41.080 --> 50:49.080]  goes his way. Just pull out your sudden death, shoot him, and forget all that other stuff.
[50:49.080 --> 50:56.080]  Let me ask you a question. I follow you. I want the shortest, sweetest path to victory.
[50:56.080 --> 51:02.080]  Trust me. I don't need to win a fight and look like Rocky Balboa by the time I'm done,
[51:02.080 --> 51:12.080]  but what's rather curious here is as far as a lawsuit's concerned for damages and a complaint
[51:12.080 --> 51:19.080]  relative to this fraudulent assignment and all the money I paid to a third party servicer
[51:19.080 --> 51:25.080]  that never really potentially had a public outstanding. Okay. Hold on. Have you filed
[51:25.080 --> 51:30.080]  a counterclaim? Not yet. No.
[51:30.080 --> 51:37.080]  Okay. I would like you to pick up a blunt object and beat yourself around the eyes and
[51:37.080 --> 51:48.080]  the ears. You need a counterclaim. The counterclaim will not affect your challenge to subject
[51:48.080 --> 51:55.080]  matter jurisdiction in any way. Okay. I need the counterclaim before I do my challenge
[51:55.080 --> 52:00.080]  to subject matter jurisdiction. Am I correct? No. I would suggest you do them at the same
[52:00.080 --> 52:09.080]  time. Okay. Okay. File a counterclaim and you file a challenge to subject matter jurisdiction.
[52:09.080 --> 52:19.080]  Ask the court to dismiss the plaintiff's claim and adjudicate yours. But with that said,
[52:19.080 --> 52:28.080]  I should back up. You can sue them for malicious prosecution later. All right. I wouldn't
[52:28.080 --> 52:35.080]  complicate things. Make this as simple as possible for the judge and just do a challenge
[52:35.080 --> 52:42.080]  subject matter jurisdiction and see if you can get this whole thing, get the bank case
[52:42.080 --> 52:53.080]  to go away. Your claim hasn't gone anywhere. And if you have fraudulent documents and stuff,
[52:53.080 --> 53:01.080]  you can turn right around and sue them. Well, I have them. But there are a few things here
[53:01.080 --> 53:07.080]  that I might discover. And I was concerned that I might be better prepared to sue them
[53:07.080 --> 53:11.080]  if I go ahead and take this opportunity to do some discovery. So that's really good.
[53:11.080 --> 53:20.080]  Okay. Here is an alternative to that. Most every state has pre-litigation discovery.
[53:20.080 --> 53:30.080]  So first get this thing tossed. So you're no longer the defendant. You want to be the
[53:30.080 --> 53:36.080]  plaintiff. Right. Just file challenge subject matter jurisdiction. Don't complicate things
[53:36.080 --> 53:42.080]  for the judge. Make it an easy decision. If you start asking for claims against the other
[53:42.080 --> 53:47.080]  side, it's going to make it, it's bad enough. The judge is going to throw out their claim.
[53:47.080 --> 53:53.080]  Now you want to beat them up some more. Right. And regardless of what the law says, the judge
[53:53.080 --> 54:04.080]  is still a human being. So only ask to toss their claim. Once their claim is gone, now
[54:04.080 --> 54:12.080]  you can come back at them for malicious prosecution. Now you can do pre-litigation discovery or
[54:12.080 --> 54:18.080]  you can file suit against them for malicious prosecution. That would probably be the better
[54:18.080 --> 54:26.080]  strategy. And then you can do all the discovery you want to. From the side of the plaintiff
[54:26.080 --> 54:32.080]  instead of the side of the defendant. You'll find it's a whole lot more fun when you're
[54:32.080 --> 54:39.080]  the plaintiff. Oh, I'm looking forward to it. I was just wondering if I might miss out
[54:39.080 --> 54:46.080]  on an opportunity to do some discovery. See, you've been in the fight too long. Yeah. You
[54:46.080 --> 54:52.080]  just can't put it down. Did I tell you about my friend in Pennsylvania who helped people
[54:52.080 --> 55:00.080]  with IRS issues? No, I haven't heard about it. Yeah. She was sent to, she was helping
[55:00.080 --> 55:04.080]  someone and they sent them to a neighbor to see if she could help the neighbor. And the
[55:04.080 --> 55:10.080]  neighbor had some IRS tax liens. They'd been fighting these liens for years and they wanted
[55:10.080 --> 55:14.080]  her to help them get rid of these tax liens. So she looked at them and said, you won't
[55:14.080 --> 55:18.080]  get rid of these. They said, yes. You ripped them up, threw them in the trash. Okay. They're
[55:18.080 --> 55:26.080]  gone. And they were flabbergasted. She said, guys, those things expired last year and the
[55:26.080 --> 55:38.080]  IRS didn't renew them. So what do these people do? They write a scathing letter to the IRS.
[55:38.080 --> 55:51.080]  So they renewed them. Be careful about getting too deep into the fight. Have you written
[55:51.080 --> 56:03.080]  down an ultimate intended outcome? For me? Yes. What is your goal for this case? I was
[56:03.080 --> 56:10.080]  just listening to what you were talking about earlier relative to the $116,000 note and
[56:10.080 --> 56:16.080]  the amount of money that could be called fraudulent. Okay. Hold on, hold on. Back up, back up.
[56:16.080 --> 56:28.080]  First, at the end of the day, what would be a win for you? I'd be happy with treble damages
[56:28.080 --> 56:35.080]  and taking this house. That's what you'd be happy with. Yeah. What would be just enough
[56:35.080 --> 56:43.080]  to be a win? If you're asking me, would you be satisfied without anybody bleeding down
[56:43.080 --> 56:47.080]  your neck and walking away with a house because they don't have the ability to legally lay
[56:47.080 --> 56:54.080]  claim to it? I would say that would be a lot better than where I'm sitting right now.
[56:54.080 --> 57:03.080]  Write that down. It's written across my mind and heart all at all. It needs to be physical.
[57:03.080 --> 57:07.080]  You can look at it because you think something in your mind and it doesn't take physical
[57:07.080 --> 57:16.080]  form. This is about setting specific goals. This is your goal in the case. Write it down.
[57:16.080 --> 57:21.080]  This is what prayer is about. That's why it's great if you have a prayer to write it down.
[57:21.080 --> 57:30.080]  It gives it reality. Setting goals in prayer is the same. God was real efficient in that
[57:30.080 --> 57:42.080]  way. Figure out what you want, align it, define it, specify it. What do you want? Then ask
[57:42.080 --> 57:48.080]  and then set it aside and accept on faith that this will materialize in your future.
[57:48.080 --> 57:56.080]  That will cause your inner mind to make every decision that it makes through that as a filter.
[57:56.080 --> 58:05.080]  Will this lead me toward my intended outcome or away from it? You absolutely have to have
[58:05.080 --> 58:10.080]  that to keep getting buried in a fight with losing yourself and never knowing what you
[58:10.080 --> 58:17.080]  really want. Hang on. We're about to go to break. This is Randy Kelton, Rule of Law Radio.
[58:17.080 --> 58:25.080]  I call it number 512-646-1984. This is the top of the hour break. You might go to our
[58:25.080 --> 58:36.080]  logosradionetwork.com page and click on some of our advertisers. If you patronize, patronize,
[58:36.080 --> 58:41.080]  I'll get this right, patronize them. It'll help to support this network and keep us on
[58:41.080 --> 58:56.080]  air. We'll be right back.
[59:11.080 --> 59:28.080]  We'll be right back.
[59:41.080 --> 01:00:09.080]  We'll be right back.
[01:00:09.080 --> 01:00:16.080]  We'll be right back.
[01:00:39.080 --> 01:00:51.080]  Today in history, Wednesday, May 15th, 1991, a 107-page report is released outlining classified
[01:00:51.080 --> 01:00:55.080]  information at Manuel Noriega's drug smuggling trial. The document revealed that Noriega
[01:00:55.080 --> 01:01:01.080]  was in fact the CIA's man in Panama. How Noriega had received an $11 million slush fund from
[01:01:01.080 --> 01:01:06.080]  the agency, how he, with support from the CIA, was sending European-built anti-ship missiles
[01:01:06.080 --> 01:01:10.080]  to Argentina, which were then being used against British ships in the Falklands War, along
[01:01:10.080 --> 01:01:14.080]  with also revealing the less devastating act of funneling hundreds of thousands of CIA
[01:01:14.080 --> 01:01:19.080]  funds to contra-militia leaders in Nicaragua. In defense, the U.S. redacted from the report
[01:01:19.080 --> 01:01:23.080]  Noriega's contacts with President Bush, then Vice President, meetings with Oliver North
[01:01:23.080 --> 01:01:28.080]  and CIA Director William Casey, as well as four pages describing his aid to U.S. Army
[01:01:28.080 --> 01:01:38.080]  intelligence units in Panama. In recent news, DuPont was cited by OSHA yesterday for
[01:01:38.080 --> 01:01:43.080]  an alleged 11 safety violations, including one repeat violation for not training employees
[01:01:43.080 --> 01:01:48.080]  on the use of the building's ventilation systems. The violations carry fines totaling $99,000.
[01:01:48.080 --> 01:01:52.080]  This investigation was in response to four workers that died after being overwhelmed
[01:01:52.080 --> 01:01:57.080]  by Methyl Martin released at La Porte, Texas chemical plant on November 15th. DuPont spokesman
[01:01:57.080 --> 01:02:01.680]  spokesman Aaron Woods said that the company has cooperated with OSHA, as well as other
[01:02:01.680 --> 01:02:05.700]  investigations by other state and federal agencies, and that they are conducting completely
[01:02:05.700 --> 01:02:14.700]  new process hazard analysis acting on findings from their own investigations.
[01:02:14.700 --> 01:02:19.120]  The FedEx Corporation was recently denied a motion to dismiss charges by the U.S. Justice
[01:02:19.120 --> 01:02:24.200]  Department of conspiracy to distribute controlled substances, first indicted in July for shipping
[01:02:24.200 --> 01:02:29.240]  packages from illegal online pharmacies, and again in August for allegedly accepting payment
[01:02:29.240 --> 01:02:33.920]  from several pharmacies with known funds from invalid prescriptions, despite repeated warnings
[01:02:33.920 --> 01:02:35.760]  from U.S. drug enforcement officials.
[01:02:35.760 --> 01:02:40.400]  U.S. District Judge did, however, rule in favor of the company on a motion to subpoena
[01:02:40.400 --> 01:02:44.720]  some communication records, which FedEx says will prove it aided law enforcement.
[01:02:44.720 --> 01:02:47.160]  Lone Star Lowdown is currently looking for sponsors.
[01:02:47.160 --> 01:02:50.960]  If you have a product or a service that you would like to advertise in the Lowdown, feel
[01:02:50.960 --> 01:02:54.960]  free to give us a call at 210-863-5617.
[01:02:54.960 --> 01:03:21.960]  This has been your Lowdown for May 15, 2015.
[01:03:21.960 --> 01:03:30.960]  Okay, we are back in Kelton with my radio, and we're talking to Mark in Texas.
[01:03:30.960 --> 01:03:36.960]  Okay, first, know where you're going.
[01:03:36.960 --> 01:03:41.000]  If you don't know where you're going, you can be pretty sure you're going to wind up
[01:03:41.000 --> 01:03:43.000]  somewhere else.
[01:03:43.000 --> 01:03:46.240]  There we go.
[01:03:46.240 --> 01:03:56.840]  In this case, if you could get a ruling on the child and subject meta-jurisdiction of
[01:03:56.840 --> 01:04:04.080]  out of time, would you consider that a win?
[01:04:04.080 --> 01:04:10.120]  Not completely, but I consider it pretty good.
[01:04:10.120 --> 01:04:17.000]  I really do believe in this case, I have a fraudulent assignment, if I don't pursue it,
[01:04:17.000 --> 01:04:18.320]  then I fail.
[01:04:18.320 --> 01:04:19.800]  I have to do it.
[01:04:19.800 --> 01:04:20.800]  Okay, okay.
[01:04:20.800 --> 01:04:25.200]  Well, what are your options concerning the false assignment?
[01:04:25.200 --> 01:04:31.720]  Okay, first question is, do you have to pursue it in this case?
[01:04:31.720 --> 01:04:34.720]  You have said no.
[01:04:34.720 --> 01:04:40.400]  The most efficient tab here, if all I understand right, and I'm listening to everything we
[01:04:40.400 --> 01:04:45.640]  say, is that I need to basically get their cause of action against me dismissed.
[01:04:45.640 --> 01:04:49.200]  The most efficient way to do it, rather than making any other arguments, as we discussed
[01:04:49.200 --> 01:04:55.240]  yesterday and before, is that I need to simply make a plea to the jurisdiction.
[01:04:55.240 --> 01:05:01.040]  That holds water, correct me if I'm wrong, but it holds water because on a space value,
[01:05:01.040 --> 01:05:03.560]  the complaint is a nullity.
[01:05:03.560 --> 01:05:08.680]  It is something that was filed past the statute of limitations, and it doesn't matter what
[01:05:08.680 --> 01:05:14.320]  information they've learned subsequent to that, because there's already been a ruling
[01:05:14.320 --> 01:05:21.840]  on this particular complaint, and it was dismissed, but then reopened.
[01:05:21.840 --> 01:05:27.400]  I have a situation here where they cannot amend that complaint, I should say.
[01:05:27.400 --> 01:05:35.960]  Yeah, that should be a part of your challenge subject matter jurisdiction, is that the court
[01:05:35.960 --> 01:05:43.240]  had no power to reopen, but first, do the subject matter jurisdiction.
[01:05:43.240 --> 01:05:52.000]  You can do all of your other arguments as well in the alternative.
[01:05:52.000 --> 01:05:58.120]  In subject matter jurisdiction, do your claim, and then in the alternative, make your other
[01:05:58.120 --> 01:06:09.800]  arguments, but do not hold up this case for discovery or anything else.
[01:06:09.800 --> 01:06:14.160]  You want to argue the challenge subject matter jurisdiction, and then you want to argue the
[01:06:14.160 --> 01:06:20.560]  dismissal motion in case they deny your subject matter jurisdiction challenge.
[01:06:20.560 --> 01:06:24.120]  You want to argue the dismissal motion.
[01:06:24.120 --> 01:06:28.640]  Do you need this discovery for the dismissal?
[01:06:28.640 --> 01:06:32.240]  Not really.
[01:06:32.240 --> 01:06:42.280]  I do need it, however, for my second plan, which would be to challenge the assignment.
[01:06:42.280 --> 01:06:44.240]  This is an assignment that-
[01:06:44.240 --> 01:06:48.920]  Well, the only thing before you right now is a motion to dismiss.
[01:06:48.920 --> 01:06:49.920]  Right.
[01:06:49.920 --> 01:06:55.000]  I have to deal with that, and I'd like to withdraw that.
[01:06:55.000 --> 01:07:00.040]  You'd said that I might very well simply make this plea to the jurisdiction that it's simpler
[01:07:00.040 --> 01:07:01.040]  and more efficient.
[01:07:01.040 --> 01:07:02.040]  Okay.
[01:07:02.040 --> 01:07:03.040]  Hold on.
[01:07:03.040 --> 01:07:04.040]  Hold on.
[01:07:04.040 --> 01:07:06.280]  I thought the other side had a... Okay.
[01:07:06.280 --> 01:07:09.280]  What is the other side?
[01:07:09.280 --> 01:07:10.280]  I'm sorry.
[01:07:10.280 --> 01:07:12.640]  I'm misunderstanding where we're at.
[01:07:12.640 --> 01:07:13.640]  Okay.
[01:07:13.640 --> 01:07:17.160]  Sorry.
[01:07:17.160 --> 01:07:22.880]  You need to raise an objection to the reopening of the case.
[01:07:22.880 --> 01:07:24.040]  I never did that.
[01:07:24.040 --> 01:07:31.720]  I'm actually late to do that according to the rule of civil procedure, but as a pro se
[01:07:31.720 --> 01:07:34.200]  person, I might have the ability to do.
[01:07:34.200 --> 01:07:35.200]  I don't know.
[01:07:35.200 --> 01:07:36.200]  What do you think?
[01:07:36.200 --> 01:07:37.200]  Would I be-
[01:07:37.200 --> 01:07:50.800]  Okay, if you make the argument that the court lacked capacity to let the authority to reopen
[01:07:50.800 --> 01:07:54.720]  the case, that still goes to subject matter jurisdiction.
[01:07:54.720 --> 01:07:55.720]  Okay.
[01:07:55.720 --> 01:08:01.720]  You can argue all of that in the one motion.
[01:08:01.720 --> 01:08:07.360]  That way you can sneak it back in.
[01:08:07.360 --> 01:08:13.640]  I've already alluded to it, and I even alluded to the capacity to invoke the jurisdiction
[01:08:13.640 --> 01:08:14.640]  of the court.
[01:08:14.640 --> 01:08:15.640]  That's in my motion.
[01:08:15.640 --> 01:08:16.640]  Yeah.
[01:08:16.640 --> 01:08:27.560]  The plaintiffs, you're addressing the plaintiff's lack of capacity, but you also need to challenge
[01:08:27.560 --> 01:08:36.000]  the judge's capacity to reopen the case when there is no new evidence brought.
[01:08:36.000 --> 01:08:47.040]  Now, this is new to the court, but it's not evidence that's new to the plaintiff.
[01:08:47.040 --> 01:08:51.200]  This is evidence that the plaintiff already had, and he's collateral has stopped from
[01:08:51.200 --> 01:08:53.160]  bringing it.
[01:08:53.160 --> 01:09:01.160]  So, absent newly discovered information, the court has no power to reopen the case.
[01:09:01.160 --> 01:09:02.160]  Okay.
[01:09:02.160 --> 01:09:08.160]  So, there's collateral estoppel absent any new evidence.
[01:09:08.160 --> 01:09:09.160]  Exactly.
[01:09:09.160 --> 01:09:15.000]  The situation here is really this.
[01:09:15.000 --> 01:09:20.840]  The only thing they did differently when they made this motion to reopen, they alluded to
[01:09:20.840 --> 01:09:27.240]  an answer that I made early on, where I said that I had actually tried to make a payment
[01:09:27.240 --> 01:09:32.840]  in 2010 that had been returned, and later on I discover, at least in this state, I don't
[01:09:32.840 --> 01:09:35.840]  know the text.
[01:09:35.840 --> 01:09:43.040]  So, they brought up trying to rehash what was already addressed in the case.
[01:09:43.040 --> 01:09:46.320]  So, this all goes to collateral estoppel.
[01:09:46.320 --> 01:09:51.280]  This has already been argued and denied.
[01:09:51.280 --> 01:09:53.080]  They're trying to re-argue the same thing.
[01:09:53.080 --> 01:09:56.800]  This is not even something that wasn't in the original case.
[01:09:56.800 --> 01:10:02.400]  It just wasn't their argument, but if you brought this up in the original case and they
[01:10:02.400 --> 01:10:08.600]  didn't challenge it then, they can't come back after dismissal and try to challenge
[01:10:08.600 --> 01:10:09.600]  it.
[01:10:09.600 --> 01:10:13.480]  Let me clarify this.
[01:10:13.480 --> 01:10:18.040]  In their original complaint, they say last payment made was in 2007.
[01:10:18.040 --> 01:10:25.600]  In my answer, I said I tried to make a payment in 2010, and that's all I said.
[01:10:25.600 --> 01:10:32.080]  They never argued anything, and then the case was dismissed because it was passed the statute
[01:10:32.080 --> 01:10:33.080]  limit.
[01:10:33.080 --> 01:10:34.080]  Wait a minute.
[01:10:34.080 --> 01:10:39.040]  They've already testified that your last payment was made in 2007.
[01:10:39.040 --> 01:10:40.040]  Yes.
[01:10:40.040 --> 01:10:43.720]  That's what it says on the complaint.
[01:10:43.720 --> 01:10:51.360]  If they now come back and say that the last payment was made at another time, then...
[01:10:51.360 --> 01:10:57.560]  They're saying the law doesn't go, and now they're throwing paper in the judge's direction
[01:10:57.560 --> 01:10:58.920]  now that they're calling evidence.
[01:10:58.920 --> 01:11:04.160]  I have to attack that a little bit if I go this route.
[01:11:04.160 --> 01:11:07.160]  This should not be hard to get tossed.
[01:11:07.160 --> 01:11:08.160]  Okay.
[01:11:08.160 --> 01:11:12.000]  But I would... Don't bring up the assignment.
[01:11:12.000 --> 01:11:19.640]  You can always bring up the assignment later if they continue the case, if everything is
[01:11:19.640 --> 01:11:23.720]  dropped, and then you can bring up the assignment.
[01:11:23.720 --> 01:11:24.720]  Sure.
[01:11:24.720 --> 01:11:32.680]  Can you bring that up in the form of a petition to quiet title, and you should be able to
[01:11:32.680 --> 01:11:34.280]  do that in this case?
[01:11:34.280 --> 01:11:35.280]  Sure.
[01:11:35.280 --> 01:11:38.040]  I'll definitely have to.
[01:11:38.040 --> 01:11:39.440]  Keep your eye on the price.
[01:11:39.440 --> 01:11:41.320]  Get this thing dumped.
[01:11:41.320 --> 01:11:48.000]  Can I ask you one thing real quick, and then I'll let you go?
[01:11:48.000 --> 01:11:53.080]  Just to be totally sure, I'm not misunderstanding anything.
[01:11:53.080 --> 01:11:59.760]  On face value of the complaint, they say last statement in 2007, filed it in 2013, six years,
[01:11:59.760 --> 01:12:00.760]  passed statute limitations.
[01:12:00.760 --> 01:12:06.960]  If I had known that then, I would have immediately just ended the whole thing, but I didn't.
[01:12:06.960 --> 01:12:08.480]  Couldn't find an attorney.
[01:12:08.480 --> 01:12:09.480]  There I was.
[01:12:09.480 --> 01:12:12.480]  I've gotten smarter subsequently.
[01:12:12.480 --> 01:12:17.440]  In my response, I said I tried to make a payment in 2010.
[01:12:17.440 --> 01:12:18.440]  They never brought it up.
[01:12:18.440 --> 01:12:23.800]  They never said anything about it, not until their motion to reopen, and then they're saying
[01:12:23.800 --> 01:12:28.520]  that I had said that I had tried to make a payment in 2010, that would hold the statute
[01:12:28.520 --> 01:12:29.520]  limitations.
[01:12:29.520 --> 01:12:38.320]  Now, it actually wouldn't, but without going into all that, the jurisdiction is asking
[01:12:38.320 --> 01:12:42.360]  the judge to reflect on the face value of the complaint.
[01:12:42.360 --> 01:12:47.960]  They lack capacity to invoke the jurisdiction of the court based on that, and they're collaterally
[01:12:47.960 --> 01:12:57.760]  a stop from bringing up any new, or from reopening the case, because on its prima facie value,
[01:12:57.760 --> 01:12:58.760]  there is no value.
[01:12:58.760 --> 01:13:11.760]  They're collaterally a stop from re-arguing issues already adjudicated.
[01:13:11.760 --> 01:13:13.080]  They should have already done this.
[01:13:13.080 --> 01:13:16.080]  They can't pick this up now.
[01:13:16.080 --> 01:13:25.640]  You brought it up in the case, because that was already before the court, and the court
[01:13:25.640 --> 01:13:32.840]  granted your dismissal, so that's already been ruled on.
[01:13:32.840 --> 01:13:36.360]  They're collaterally a stop from bringing that back up.
[01:13:36.360 --> 01:13:41.640]  Well, they never actually... This is what I'm missing here.
[01:13:41.640 --> 01:13:48.360]  They never actually argued that that 2010 payment, or attempt to pay.
[01:13:48.360 --> 01:13:49.840]  Exactly.
[01:13:49.840 --> 01:13:51.720]  They had a duty to make that argument.
[01:13:51.720 --> 01:13:54.920]  They can't come back after dismissal and make an argument.
[01:13:54.920 --> 01:13:57.360]  They should have made it in the case at bar.
[01:13:57.360 --> 01:13:58.360]  Pure logic.
[01:13:58.360 --> 01:14:03.800]  I was looking at that like, they're trying to change their tune here.
[01:14:03.800 --> 01:14:04.800]  Yes, exactly.
[01:14:04.800 --> 01:14:07.680]  They're trying to get a second bite at the apple.
[01:14:07.680 --> 01:14:10.400]  These are professional attorneys.
[01:14:10.400 --> 01:14:12.640]  They're supposed to be better than this.
[01:14:12.640 --> 01:14:16.480]  Yes, that should give bar grievances against them.
[01:14:16.480 --> 01:14:23.480]  That'll be coming, but I'm not going to poke the bear right now, necessarily.
[01:14:23.480 --> 01:14:34.680]  If I do that, then as far as uncovering fraudulent assignment, real quick, and I know you know,
[01:14:34.680 --> 01:14:37.960]  what would you suggest as guidelines for doing that?
[01:14:37.960 --> 01:14:42.480]  Do I need to go read... Let's do that on another show.
[01:14:42.480 --> 01:14:47.880]  I'm kind of running out of time here, and you've really got to leave that thing alone.
[01:14:47.880 --> 01:14:49.360]  It's not time yet.
[01:14:49.360 --> 01:14:51.280]  I'll shut up and I'll let you move on.
[01:14:51.280 --> 01:14:54.320]  I hope you help lots of people, God bless you.
[01:14:54.320 --> 01:14:55.320]  Okay.
[01:14:55.320 --> 01:14:56.320]  Thank you, Mark.
[01:14:56.320 --> 01:14:59.920]  Okay, now we're going to go to Jimmy in Maryland.
[01:14:59.920 --> 01:15:00.920]  Hello, Jimmy.
[01:15:00.920 --> 01:15:01.920]  Hello, Eddie.
[01:15:01.920 --> 01:15:02.920]  I mean, Randy.
[01:15:02.920 --> 01:15:03.920]  How you been?
[01:15:03.920 --> 01:15:13.280]  Eddie, why don't you just stick me in the eye with the sharp stick?
[01:15:13.280 --> 01:15:16.200]  I'm not as fat as Eddie.
[01:15:16.200 --> 01:15:19.200]  Well, almost.
[01:15:19.200 --> 01:15:29.760]  If you remember, I talked to you about a month ago, was found guilty on driving on suspended
[01:15:29.760 --> 01:15:39.120]  license, driving without authorization, without a license, and I was sentenced to 18 days.
[01:15:39.120 --> 01:15:47.000]  So I just got out a couple of days ago, I did straight 15 days, they released me up
[01:15:47.000 --> 01:15:48.000]  Thursday morning.
[01:15:48.000 --> 01:15:54.040]  So that's where I've been, I've left the face of the earth for a while.
[01:15:54.040 --> 01:15:57.040]  So how was the room service?
[01:15:57.040 --> 01:16:05.600]  Well, they told me that, you know, the meals were like 33 cent a meal, and, you know, they
[01:16:05.600 --> 01:16:10.720]  had counted something like $100 a day each inmate.
[01:16:10.720 --> 01:16:16.000]  Wait, say that again?
[01:16:16.000 --> 01:16:21.600]  I said, well, I found inside, they said the meals, it's three meals a day, and they're
[01:16:21.600 --> 01:16:27.720]  like about 33 cent a meal, so you know, 99 cents a day, and they pay on the food, and
[01:16:27.720 --> 01:16:31.320]  they had counted like $100 a day.
[01:16:31.320 --> 01:16:33.680]  $100 a day?
[01:16:33.680 --> 01:16:34.680]  Yeah.
[01:16:34.680 --> 01:16:38.040]  I'm not sure what that means.
[01:16:38.040 --> 01:16:39.640]  They charge you $100 a day?
[01:16:39.640 --> 01:16:42.640]  Hang on, we're about to go to break.
[01:16:42.640 --> 01:16:43.640]  Okay.
[01:16:43.640 --> 01:17:01.120]  We'll call him, we'll blow radio, call him number 512-646-1984, we'll be right back.
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[01:19:14.000 --> 01:19:26.200]  Okay, we are back, Randy Kelton, Wheel of Life Radio, and we're talking to Jimmy in
[01:19:26.200 --> 01:19:27.200]  Maryland.
[01:19:27.200 --> 01:19:33.200]  Okay, Jimmy, so what are you going to do now?
[01:19:33.200 --> 01:19:35.880]  Did you file a notice of intent to appeal?
[01:19:35.880 --> 01:19:36.880]  Yes, sir.
[01:19:36.880 --> 01:19:41.520]  I had to get a, I got a public defender, the judge ordered me to get, you know, before
[01:19:41.520 --> 01:19:46.560]  the sentencing ordered me to get somebody, like, I, you know, I received an email, I
[01:19:46.560 --> 01:19:52.160]  did exactly the same email, and she knew that that's a way of ending my rights, and the
[01:19:52.160 --> 01:19:59.320]  judge just wanted to go over my fine and prosecution of law, and my judge would not send a verdict,
[01:19:59.320 --> 01:20:02.400]  and she would say, no, no, no, we're going to, we're going to bring that up on appeal,
[01:20:02.400 --> 01:20:05.480]  which is just why we're bringing it up on appeal, because I know he's going to try to,
[01:20:05.480 --> 01:20:06.480]  you know, do something there.
[01:20:06.480 --> 01:20:13.480]  So, like I do think he said, and that was, that was the sentencing, 18 days, with work
[01:20:13.480 --> 01:20:14.480]  release.
[01:20:14.480 --> 01:20:21.000]  So, unfortunately, my job didn't let me know I needed to have something notarized to, with
[01:20:21.000 --> 01:20:26.400]  work release, so, and I'm just doing, like I said, I, 15 days straight, and I didn't
[01:20:26.400 --> 01:20:30.800]  have work release because of the mix-up with my job, so I couldn't contact, I couldn't
[01:20:30.800 --> 01:20:35.000]  hear you show, I couldn't do anything, we just pined away for a while, just left the
[01:20:35.000 --> 01:20:38.920]  space here for, for, for, you got a nice vacation.
[01:20:38.920 --> 01:20:46.360]  Yeah, yeah, yeah, I went in on, I turned myself in on the 30th of April when I was released,
[01:20:46.360 --> 01:20:53.680]  at 12 o'clock a.m. on the 15th of, I'm sorry, the 14th of May, so I spent most of the entire
[01:20:53.680 --> 01:20:54.680]  month there.
[01:20:54.680 --> 01:20:57.680]  Oh, so you just got out yesterday.
[01:20:57.680 --> 01:21:00.680]  Yeah, yesterday morning, yeah, exactly.
[01:21:00.680 --> 01:21:06.440]  Yeah, what I was trying to tell you was, um, each tray, you know, you got breakfast, lunch,
[01:21:06.440 --> 01:21:11.320]  and dinner, it's 33 cents a tray, you know, that's, that's what they pay, you know, I,
[01:21:11.320 --> 01:21:16.240]  I get it for free, but that's what it, it, understanding the, the county pays 33 cents
[01:21:16.240 --> 01:21:23.080]  a tray for each inmate, but they make about $100 a head each inmate, that's what I was
[01:21:23.080 --> 01:21:24.680]  trying to tell you.
[01:21:24.680 --> 01:21:30.200]  Oh, okay, so the county makes, we were, we were talking on the break about that $100,
[01:21:30.200 --> 01:21:39.200]  so the county gets, receives, I guess, from the state, $100 a day for each inmate, right,
[01:21:39.200 --> 01:21:50.480]  so that's pretty interesting, they made 1800 bucks, but, but then again, 100 a day, considering
[01:21:50.480 --> 01:21:58.440]  jails are expensive to keep up, probably cost them that much to keep you, I don't think
[01:21:58.440 --> 01:22:02.840]  the jails are a profit-making enterprise.
[01:22:02.840 --> 01:22:12.560]  What's profit-making for them is probation, okay, because if it's similar in Maryland
[01:22:12.560 --> 01:22:25.680]  to Texas and Texas, I went through the, the, the criminal court cases one year, and in
[01:22:25.680 --> 01:22:34.640]  the first six months of the year in this small county I live in, there were 1653 felony charges
[01:22:34.640 --> 01:22:48.480]  brought, one person pled not guilty, six fines assessed, and I looked at that and said, what
[01:22:48.480 --> 01:22:58.720]  in the world is going on, 1600 cases and six fines assessed, and everybody pled guilty
[01:22:58.720 --> 01:23:00.280]  except one guy.
[01:23:00.280 --> 01:23:01.280]  Wow.
[01:23:01.280 --> 01:23:07.920]  So, the question was, where does the money go?
[01:23:07.920 --> 01:23:14.280]  If you're assessed a fine, the fine goes to the state general fund.
[01:23:14.280 --> 01:23:19.720]  If you're put on probation, the probation fees stay in the county.
[01:23:19.720 --> 01:23:27.680]  So what they did was did a calculation, how much money can I collect from this guy?
[01:23:27.680 --> 01:23:35.080]  And how can I collect it so that the county keeps the most of it?
[01:23:35.080 --> 01:23:38.080]  Probation.
[01:23:38.080 --> 01:23:46.120]  So I'm surprised they didn't put you on six months probation and charge you $50 a month
[01:23:46.120 --> 01:23:50.360]  because that would stay in the county instead of going to the state general fund.
[01:23:50.360 --> 01:23:57.640]  You know, I am on, I am on six months probation, but I'm not paying anything, just probation.
[01:23:57.640 --> 01:24:00.480]  I am having a terrible time understanding you.
[01:24:00.480 --> 01:24:04.240]  Try moving the mic a little away from your mouth.
[01:24:04.240 --> 01:24:08.280]  Let me try something.
[01:24:08.280 --> 01:24:09.280]  No, that's no better.
[01:24:09.280 --> 01:24:11.280]  You get a real bad connection.
[01:24:11.280 --> 01:24:13.280]  How about now?
[01:24:13.280 --> 01:24:15.280]  Is better?
[01:24:15.280 --> 01:24:17.280]  A little bit.
[01:24:17.280 --> 01:24:18.280]  Okay.
[01:24:18.280 --> 01:24:21.280]  I hope this works.
[01:24:21.280 --> 01:24:26.280]  I'm out of my car talking to you, so on my cell phone.
[01:24:26.280 --> 01:24:27.280]  Okay.
[01:24:27.280 --> 01:24:28.280]  That is better.
[01:24:28.280 --> 01:24:29.280]  I can understand you.
[01:24:29.280 --> 01:24:30.280]  Okay.
[01:24:30.280 --> 01:24:36.960]  So I do got six months probation, I have a hearing on June the 6th for violating probation
[01:24:36.960 --> 01:24:37.960]  for the other previous cases.
[01:24:37.960 --> 01:24:38.960]  I'm a third time offender.
[01:24:38.960 --> 01:24:43.960]  So that's still coming up, but I got them cases, they're still on appeal.
[01:24:43.960 --> 01:24:48.960]  You know, the cases where the previous convictions are still on appeal.
[01:24:48.960 --> 01:24:49.960]  Yeah.
[01:24:49.960 --> 01:24:52.960]  They're probably going to pass, pass on that, you know.
[01:24:52.960 --> 01:24:53.960]  Yeah.
[01:24:53.960 --> 01:24:57.640]  If the other two cases are still on appeal, you're not the three time offender, you're
[01:24:57.640 --> 01:24:58.640]  first offense.
[01:24:58.640 --> 01:24:59.640]  Oh.
[01:24:59.640 --> 01:25:00.640]  If they're on appeal, they don't count.
[01:25:00.640 --> 01:25:01.640]  Okay.
[01:25:01.640 --> 01:25:02.640]  What they're trying to do is enhancements of, remember, the enhancements of the appeal
[01:25:02.640 --> 01:25:03.640]  and the facilities for violating probation.
[01:25:03.640 --> 01:25:04.640]  Yeah.
[01:25:04.640 --> 01:25:05.640]  There's no final adjudication on those.
[01:25:05.640 --> 01:25:06.640]  Okay.
[01:25:06.640 --> 01:25:07.640]  Well, it's true that I want to ask you about the bar grievance and about the criminal complaint.
[01:25:07.640 --> 01:25:08.640]  Okay.
[01:25:08.640 --> 01:25:09.640]  I received a letter from the grievance board.
[01:25:09.640 --> 01:25:34.000]  I received a letter from the grievance board where the lawyer responded back who validated
[01:25:34.000 --> 01:25:39.920]  him using two driving records to convict me on, I'm saying, you know, he basically tampered
[01:25:39.920 --> 01:25:45.640]  evidence, and he also submitted in, you know, false misleading, you know, evidence by this
[01:25:45.640 --> 01:25:49.240]  license that never was mine.
[01:25:49.240 --> 01:25:53.720]  And I called the colleague about what was going on, and what she did, which I think
[01:25:53.720 --> 01:25:58.360]  is wrong, she combined it three, I filed 10 biders on this guy.
[01:25:58.360 --> 01:26:02.120]  The first three that I filed, she combined them into one.
[01:26:02.120 --> 01:26:08.920]  Yeah, that's why we suggest that when you file bar grievances, you file one complaint
[01:26:08.920 --> 01:26:12.080]  at a time, and you file them a week apart.
[01:26:12.080 --> 01:26:13.080]  Okay.
[01:26:13.080 --> 01:26:20.160]  Well, I filed them, I did file them like a week apart, but yeah, I sent each one separate
[01:26:20.160 --> 01:26:21.160]  certified mail.
[01:26:21.160 --> 01:26:22.160]  They were separate.
[01:26:22.160 --> 01:26:26.480]  They were all, and I thought that I sent them separate certified mail, how come you're combining
[01:26:26.480 --> 01:26:27.480]  them?
[01:26:27.480 --> 01:26:29.680]  And she really couldn't respond to that.
[01:26:29.680 --> 01:26:30.680]  Okay.
[01:26:30.680 --> 01:26:32.520]  So, she combined them.
[01:26:32.520 --> 01:26:36.400]  You're talking about someone with the state bar?
[01:26:36.400 --> 01:26:37.400]  Right.
[01:26:37.400 --> 01:26:38.400]  Yeah.
[01:26:38.400 --> 01:26:40.880]  You don't care what the bar does.
[01:26:40.880 --> 01:26:43.680]  Bar is going to trash them all, no matter what you do.
[01:26:43.680 --> 01:26:44.680]  Okay.
[01:26:44.680 --> 01:26:48.880]  He has to notify his insurance carrier of each one.
[01:26:48.880 --> 01:26:49.880]  Okay.
[01:26:49.880 --> 01:26:54.920]  So, I didn't just say anything, you know, how it would be specific things they're going
[01:26:54.920 --> 01:26:55.920]  to do.
[01:26:55.920 --> 01:26:57.880]  Yeah, they're going to do whatever.
[01:26:57.880 --> 01:26:58.880]  They're going to protect the lawyers.
[01:26:58.880 --> 01:26:59.880]  That's all they're there for.
[01:26:59.880 --> 01:27:00.880]  Okay.
[01:27:00.880 --> 01:27:04.960]  The insurance company is not there to protect the lawyer.
[01:27:04.960 --> 01:27:08.440]  They're there to see how much money they can get out of the lawyer, and they'll use those
[01:27:08.440 --> 01:27:10.680]  grievances as an excuse.
[01:27:10.680 --> 01:27:16.120]  If he gets a grievance and he doesn't report it, then he doesn't have any insurance, even
[01:27:16.120 --> 01:27:18.200]  though he's paying for it.
[01:27:18.200 --> 01:27:19.200]  Okay.
[01:27:19.200 --> 01:27:28.120]  So, he has to notice them of each one, and good chance they will cancel his insurance.
[01:27:28.120 --> 01:27:37.320]  It won't really hurt him now if he's a prosecutor, because the county carries the insurance.
[01:27:37.320 --> 01:27:43.640]  But when he gets out of the district attorney's or the prosecutor's office, if he ever does,
[01:27:43.640 --> 01:27:49.120]  and gets out on his own, then they'll hurt him big time.
[01:27:49.120 --> 01:27:57.480]  You may have changed his career, because now he can't go out on his own, because his malpractice
[01:27:57.480 --> 01:28:01.120]  insurance will be so high, or he probably can't even get it.
[01:28:01.120 --> 01:28:04.600]  Well, we're not finished with him yet.
[01:28:04.600 --> 01:28:05.600]  I did 10, just one case.
[01:28:05.600 --> 01:28:06.600]  We have three cases.
[01:28:06.600 --> 01:28:10.920]  I have not done anything with one of the cases yet.
[01:28:10.920 --> 01:28:17.240]  Just file him as far apart as you can get away with, and each one of these will go on
[01:28:17.240 --> 01:28:19.840]  his record separately.
[01:28:19.840 --> 01:28:26.040]  Not his record with the bar, but his record with the insurance companies.
[01:28:26.040 --> 01:28:27.680]  All right.
[01:28:27.680 --> 01:28:31.800]  Now, I want to do like you said, play the pause this game.
[01:28:31.800 --> 01:28:35.440]  I need to have more understanding and clarity when you start these phone complaints, because
[01:28:35.440 --> 01:28:36.440]  I'm not really sure how.
[01:28:36.440 --> 01:28:37.440]  Wait a minute.
[01:28:37.440 --> 01:28:38.440]  Wait a minute.
[01:28:38.440 --> 01:28:39.440]  I am losing you again.
[01:28:39.440 --> 01:28:41.400]  I can't understand a word you're saying.
[01:28:41.400 --> 01:28:43.400]  I think it's the connection.
[01:28:43.400 --> 01:28:44.400]  Okay.
[01:28:44.400 --> 01:28:53.320]  I'm getting a real bad connection, so try calling back in.
[01:28:53.320 --> 01:28:54.880]  We've still got two segments.
[01:28:54.880 --> 01:28:58.560]  I've got Danny in Tennessee, but we'll probably be able to get back to you.
[01:28:58.560 --> 01:29:01.560]  See if you can find a better place to call from.
[01:29:01.560 --> 01:29:02.560]  Okay.
[01:29:02.560 --> 01:29:03.560]  Okay.
[01:29:03.560 --> 01:29:04.560]  Thank you, Jimmy.
[01:29:04.560 --> 01:29:05.560]  We're about to go to break.
[01:29:05.560 --> 01:29:06.560]  I'll bring you on.
[01:29:06.560 --> 01:29:07.560]  I've got about a minute here, Danny.
[01:29:07.560 --> 01:29:08.560]  Okay.
[01:29:08.560 --> 01:29:09.560]  You hear me okay?
[01:29:09.560 --> 01:29:10.560]  Yeah, I can hear you.
[01:29:10.560 --> 01:29:27.200]  Yeah, it's something I thought you might like that goes along with trying to get these things,
[01:29:27.200 --> 01:29:30.400]  the mortgages and stuff done, came across...
[01:29:30.400 --> 01:29:31.400]  Okay.
[01:29:31.400 --> 01:29:32.400]  Okay.
[01:29:32.400 --> 01:29:33.400]  Wait a minute.
[01:29:33.400 --> 01:29:34.400]  We're about to go on to break.
[01:29:34.400 --> 01:29:35.400]  This is...
[01:29:35.400 --> 01:29:36.400]  Okay.
[01:29:36.400 --> 01:29:37.400]  Okay.
[01:29:37.400 --> 01:29:38.400]  This is Randy Kelton.
[01:29:38.400 --> 01:29:39.400]  We'll radio.
[01:29:39.400 --> 01:29:43.440]  This is number 512-646-1984.
[01:29:43.440 --> 01:29:47.640]  We've still got a half hour left, so if you have a question or comment, give us a call.
[01:29:47.640 --> 01:29:48.640]  We'll try to get to everybody.
[01:29:48.640 --> 01:29:49.640]  We'll be right back.
[01:29:49.640 --> 01:29:50.640]  Congratulations.
[01:29:50.640 --> 01:30:07.720]  You're the proud owner of a new microwave oven, hairdryer, coffee maker or some other
[01:30:07.720 --> 01:30:08.720]  amazing gizmo.
[01:30:08.720 --> 01:30:12.440]  And there at all, the paperwork is a product registration card.
[01:30:12.440 --> 01:30:13.440]  Should you fill it out?
[01:30:13.440 --> 01:30:17.640]  I've got your Catherine Albrecht, and I'll be back with the answer in just a moment.
[01:30:17.640 --> 01:30:19.240]  Privacy is under attack.
[01:30:19.240 --> 01:30:22.840]  When you give up data about yourself, you'll never get it back again.
[01:30:22.840 --> 01:30:27.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.640 --> 01:30:32.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.760 --> 01:30:35.400]  Privacy, it's worth hanging on to.
[01:30:35.400 --> 01:30:39.680]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.680 --> 01:30:43.200]  engine alternative to Google, Yahoo and Bing.
[01:30:43.200 --> 01:30:46.440]  Start over with StartPage.
[01:30:46.440 --> 01:30:50.840]  If you mail in a product registration card, you're more likely to get junk mail than helpful
[01:30:50.840 --> 01:30:51.840]  services.
[01:30:51.840 --> 01:30:55.560]  Product registration cards are more about gathering marketing information than providing
[01:30:55.560 --> 01:30:56.560]  warranty services.
[01:30:56.560 --> 01:30:57.560]  Think about it.
[01:30:57.560 --> 01:31:02.040]  Why would a company need to know your annual income or how many people are in your household
[01:31:02.040 --> 01:31:05.160]  in order to fix your oven or replace your coffee maker?
[01:31:05.160 --> 01:31:09.920]  Kath Givens of PrivacyRights.org says consumers generally only need to hold on to their receipts
[01:31:09.920 --> 01:31:11.800]  to prove their warranty rights.
[01:31:11.800 --> 01:31:16.240]  She recommends tossing registration cards or only submitting essential information in
[01:31:16.240 --> 01:31:20.120]  case you might want to be alerted to a recall for items like baby products.
[01:31:20.120 --> 01:31:22.120]  I'm Dr. Catherine Albrecht.
[01:31:22.120 --> 01:31:30.760]  More news and information at CatherineAlbrecht.com.
[01:31:30.760 --> 01:31:36.120]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.120 --> 01:31:38.280]  The government says that fire brought it down.
[01:31:38.280 --> 01:31:43.200]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.200 --> 01:31:45.880]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.880 --> 01:31:48.640]  Thousands of my fellow first responders are dying.
[01:31:48.640 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.440]  I'm a New York City correction officer.
[01:31:52.440 --> 01:31:53.440]  I'm an Air Force pilot.
[01:31:53.440 --> 01:31:55.160]  I'm a father who lost his son.
[01:31:55.160 --> 01:31:57.720]  We're Americans and we deserve the truth.
[01:31:57.720 --> 01:32:01.040]  Go to RememberBuilding7.org today.
[01:32:01.040 --> 01:32:03.040]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.040 --> 01:32:06.280]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.280 --> 01:32:09.920]  Come on, we all know the government caused it with their Kim Trails, but good luck getting
[01:32:09.920 --> 01:32:10.920]  them to pay for it.
[01:32:10.920 --> 01:32:14.560]  Okay, I might be kidding about the Kim Trails, but I'm serious about your roof.
[01:32:14.560 --> 01:32:18.360]  That's why you have insurance and Hill Country Home Improvements can handle the claim for
[01:32:18.360 --> 01:32:21.120]  you with little to no out-of-pocket expense.
[01:32:21.120 --> 01:32:25.360]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:25.360 --> 01:32:26.360]  zero complaints.
[01:32:26.360 --> 01:32:31.120]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:31.120 --> 01:32:32.120]  first time.
[01:32:32.120 --> 01:32:38.320]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.320 --> 01:32:43.760]  Mention the crypto show and get $100 off and we'll donate another $100 to the Logos Radio Network to
[01:32:43.760 --> 01:32:45.400]  help continue this programming.
[01:32:45.400 --> 01:32:50.520]  So if those out of town roofers come knocking, your door should be locking.
[01:32:50.520 --> 01:32:56.600]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.600 --> 01:32:58.480]  Discounts are based on full roof replacement.
[01:32:58.480 --> 01:33:00.840]  May not actually be kidding about Kim Trails.
[01:33:00.840 --> 01:33:29.560]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:29.560 --> 01:33:35.280]  We are back, Randy Kelton with our radio here with Danny in Tennessee.
[01:33:35.280 --> 01:33:38.280]  Okay Danny, go ahead.
[01:33:38.280 --> 01:33:39.280]  Okay.
[01:33:39.280 --> 01:33:45.520]  You know, people complain about, you know, the big bankers and stuff and all these things
[01:33:45.520 --> 01:33:54.840]  with the mortgages and not going to prison or anything and saw this interview with this
[01:33:54.840 --> 01:34:04.800]  guy who had been an expert witness in the savings and loan crash back in the 80s.
[01:34:04.800 --> 01:34:12.400]  And he was an expert witness in talking about how like hundreds of Wall Street bankers were
[01:34:12.400 --> 01:34:15.960]  sent to jail over the stuff they had done.
[01:34:15.960 --> 01:34:20.840]  And that was like one-seventieth of the size of what's been going on here now.
[01:34:20.840 --> 01:34:25.680]  And he said that like the regulators, they're not, they're getting the stuff in and they're
[01:34:25.680 --> 01:34:30.840]  not making criminal referrals like they did back in the 80s.
[01:34:30.840 --> 01:34:36.040]  So I got to thinking, well, they're not doing that, could that be construed to be obstruction
[01:34:36.040 --> 01:34:38.040]  of justice?
[01:34:38.040 --> 01:34:41.000]  And so I got to looking up the...
[01:34:41.000 --> 01:34:44.320]  Miss prison of felony.
[01:34:44.320 --> 01:34:46.840]  Yeah.
[01:34:46.840 --> 01:34:56.280]  And so I found this section, Title 18, Section 1512, subsection C, it says, whoever corruptly
[01:34:56.280 --> 01:35:02.160]  offers, destroys, mutilates or conceals a record, document or other object or attempts
[01:35:02.160 --> 01:35:08.480]  to do so with intent to impair the object's integrity or availability for use in an official
[01:35:08.480 --> 01:35:15.680]  proceeding or otherwise obstructs, influences or impedes any official proceeding or attempts
[01:35:15.680 --> 01:35:22.400]  to do so shall be fined under this title or in prison not more than 20 years or both.
[01:35:22.400 --> 01:35:28.120]  And then a little subsection L says, for the purposes of this section, an official proceeding
[01:35:28.120 --> 01:35:33.760]  need not be pending or about to be instituted at the time of the offense.
[01:35:33.760 --> 01:35:39.440]  And the testimony or record, document or other object need not be admissible and evidence
[01:35:39.440 --> 01:35:43.960]  are free of a claim of privilege.
[01:35:43.960 --> 01:35:51.960]  So them not making the criminal referrals, could that be construed to be obstruction
[01:35:51.960 --> 01:35:55.920]  of justice?
[01:35:55.920 --> 01:35:59.800]  That would go to...
[01:35:59.800 --> 01:36:02.800]  Give me that citation again, 18 U.S.C.
[01:36:02.800 --> 01:36:07.800]  It's 18, Section 1512 and subsections C and L.
[01:36:07.800 --> 01:36:13.200]  C and L, I'm going to have to look those up.
[01:36:13.200 --> 01:36:16.840]  Can you read that again a little more slowly?
[01:36:16.840 --> 01:36:17.840]  Okay.
[01:36:17.840 --> 01:36:25.320]  Whoever corruptly, one, alters, destroys, mutilates or conceals a record, document or
[01:36:25.320 --> 01:36:32.600]  other object or attempts to do so with intent to impair the object's integrity or availability
[01:36:32.600 --> 01:36:38.920]  for use in an official proceeding or otherwise obstructs, influences or impedes any official
[01:36:38.920 --> 01:36:42.160]  proceeding or attempts to do so.
[01:36:42.160 --> 01:36:49.960]  That we find in this title or in prison, not more than 20 years or both.
[01:36:49.960 --> 01:36:55.320]  That sounds like a variation on tampering with the government document.
[01:36:55.320 --> 01:36:58.120]  Well, yeah.
[01:36:58.120 --> 01:37:00.920]  The second one, the first sounds like tampering.
[01:37:00.920 --> 01:37:09.320]  The second one, it sounds like something that would be written to stop the Republic of Texas
[01:37:09.320 --> 01:37:13.520]  from...
[01:37:13.520 --> 01:37:18.080]  I don't see how this goes to...
[01:37:18.080 --> 01:37:26.440]  What you're talking about sounds more like 38.05 Texas penal code, shielding from prosecution.
[01:37:26.440 --> 01:37:32.960]  Do you know if there's anything in the federal statute on shielding?
[01:37:32.960 --> 01:37:36.760]  Well, I haven't looked for that.
[01:37:36.760 --> 01:37:42.440]  I was looking for obstruction because I look here in the RICO.
[01:37:42.440 --> 01:37:53.600]  Obstruction generally goes to doing something to prevent, actively doing something to prevent
[01:37:53.600 --> 01:38:00.440]  a adjudication of a case.
[01:38:00.440 --> 01:38:09.520]  In Texas law, obstruction is right next to...obstruction and retaliation are both the same statute in
[01:38:09.520 --> 01:38:10.520]  Texas law.
[01:38:10.520 --> 01:38:16.200]  So they're really closely tied together and are right next to tampering with a witness.
[01:38:16.200 --> 01:38:19.240]  This sounds more like shielding.
[01:38:19.240 --> 01:38:31.560]  Well, yeah, well, it's in the main section is titled like tampering with a witness or
[01:38:31.560 --> 01:38:32.560]  something.
[01:38:32.560 --> 01:38:44.720]  Well, this is sort of an explanation of it, but the heading on the main section is like
[01:38:44.720 --> 01:38:45.720]  witness tampering.
[01:38:45.720 --> 01:38:52.880]  Yeah, that's what the main section is, witness tampering, and it's got all the subsections
[01:38:52.880 --> 01:39:05.160]  down below and that's the subsection C. And the description of the content, obstruction
[01:39:05.160 --> 01:39:10.000]  by destruction of evidence, concealing...
[01:39:10.000 --> 01:39:17.160]  Yeah, that's consistent with Texas's obstruction of justice laws.
[01:39:17.160 --> 01:39:27.040]  I just did a search for federal shielding from prosecution and I didn't get any hits.
[01:39:27.040 --> 01:39:32.360]  I got hits, but not for the right...not for that issue.
[01:39:32.360 --> 01:39:38.440]  So there may not be a statute by that name, but there's got to be one.
[01:39:38.440 --> 01:39:44.280]  If you do something to keep somebody from being prosecuted, there has to be a federal
[01:39:44.280 --> 01:39:45.280]  law on that.
[01:39:45.280 --> 01:39:54.160]  Yeah, well, I was thinking this was it because they don't pass it on, so they're basically
[01:39:54.160 --> 01:39:55.160]  concealing it.
[01:39:55.160 --> 01:40:00.320]  They don't pass it on to the criminal investigators, they're basically concealing it because they
[01:40:00.320 --> 01:40:06.240]  just got pay over for $500 million that they agreed to.
[01:40:06.240 --> 01:40:18.000]  That is a good point because that goes...that's in paramateria with 18 U.S. Code 4, Ms. Prison
[01:40:18.000 --> 01:40:19.000]  of Felony.
[01:40:19.000 --> 01:40:27.240]  If any of these crimes are a felony and the regulator has knowledge of the crime, he has
[01:40:27.240 --> 01:40:31.960]  a statutory duty to report.
[01:40:31.960 --> 01:40:40.320]  So now there's where he has a duty to present the document to a public official, specifically
[01:40:40.320 --> 01:40:42.800]  a magistrate.
[01:40:42.800 --> 01:40:47.360]  And if he fails to prevent it, then he secrets it from the magistrate.
[01:40:47.360 --> 01:40:50.360]  So that would...I would think that would bring them under.
[01:40:50.360 --> 01:40:53.360]  Yeah, that's got to make sense.
[01:40:53.360 --> 01:40:55.360]  Does that make sense?
[01:40:55.360 --> 01:40:56.360]  Yeah.
[01:40:56.360 --> 01:41:00.880]  Now I was thinking that was basically what this says because they don't pass it on.
[01:41:00.880 --> 01:41:03.360]  They've got it, but they don't pass it on.
[01:41:03.360 --> 01:41:09.480]  The thing I was looking for is how do we show a duty to pass it on?
[01:41:09.480 --> 01:41:13.360]  Well, yeah, that might be the other thing to do.
[01:41:13.360 --> 01:41:15.960]  And that's what Ms. Prison of Felony will do.
[01:41:15.960 --> 01:41:19.520]  I'm looking it up now.
[01:41:19.520 --> 01:41:26.280]  Ms. Prison of Felony, whoever having knowledge of the actual commission of a felony cognizable
[01:41:26.280 --> 01:41:32.520]  by a court of the United States conceals and does not as soon as possible make known to
[01:41:32.520 --> 01:41:41.360]  the same to some judge or other person in civil and military authority under the United
[01:41:41.360 --> 01:41:49.000]  States shall be fined under this title or in prison not more than three years or both.
[01:41:49.000 --> 01:41:55.840]  This gives them a duty to give notice.
[01:41:55.840 --> 01:42:02.040]  And the way you give notice to a magistrate is in the form of a criminal complaint.
[01:42:02.040 --> 01:42:10.360]  So Ms. Prison of Felony gives the regulator a specific statutory duty to prepare a criminal
[01:42:10.360 --> 01:42:15.640]  complaint and file it with some magistrate.
[01:42:15.640 --> 01:42:23.480]  In the civil procedure, the procedures for filing a complaint are stipulated.
[01:42:23.480 --> 01:42:27.400]  So he has a statutory duty to file a complaint here.
[01:42:27.400 --> 01:42:33.680]  So this would go right to the obstruction of justice.
[01:42:33.680 --> 01:42:35.720]  That's good.
[01:42:35.720 --> 01:42:40.720]  We start filing against the regulators for covering the bank's behinds.
[01:42:40.720 --> 01:42:41.720]  Yeah.
[01:42:41.720 --> 01:42:42.720]  Yeah.
[01:42:42.720 --> 01:42:44.680]  Things start to change quickly.
[01:42:44.680 --> 01:42:51.040]  You know, the guy's probably getting bonuses and stuff for getting things done fast and
[01:42:51.040 --> 01:42:53.880]  getting big fines in.
[01:42:53.880 --> 01:42:59.120]  But it's not doing the most important part.
[01:42:59.120 --> 01:43:00.120]  Yeah.
[01:43:00.120 --> 01:43:07.440]  You know, this is kind of reminiscent of the Ku Klux Klan Act.
[01:43:07.440 --> 01:43:12.640]  Ku Klux Klan Act, most people when they hear about it, they hear about 18 U.S. Code, I
[01:43:12.640 --> 01:43:20.600]  mean, 42 U.S. Code 1983 where you're able to sue public officials.
[01:43:20.600 --> 01:43:23.480]  But that's the second part of the act.
[01:43:23.480 --> 01:43:29.920]  The first part of the act is 18 U.S. Code 242, the criminal side.
[01:43:29.920 --> 01:43:36.520]  So while these regulators are doing the civil side or the administrative side, they're missing
[01:43:36.520 --> 01:43:37.520]  the criminal side.
[01:43:37.520 --> 01:43:38.520]  So it's up first.
[01:43:38.520 --> 01:43:39.520]  Hang on.
[01:43:39.520 --> 01:43:40.520]  We're about to go to break.
[01:43:40.520 --> 01:43:41.520]  Randy Kelton.
[01:43:41.520 --> 01:43:42.520]  We have our radio.
[01:43:42.520 --> 01:43:43.520]  I call in number 512-646-1984.
[01:43:43.520 --> 01:43:44.520]  We'll be right back.
[01:43:44.520 --> 01:44:04.040]  You feel tired when talking about important topics like money and politics?
[01:44:04.040 --> 01:44:05.040]  Sorry.
[01:44:05.040 --> 01:44:07.800]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.800 --> 01:44:08.800]  What?
[01:44:08.800 --> 01:44:12.640]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:15.360 --> 01:46:24.760]  Okay.
[01:46:24.760 --> 01:46:25.760]  We are back.
[01:46:25.760 --> 01:46:30.760]  Randy Kelton, Rule of Law Radio, and we're talking to Danny in Texas.
[01:46:30.760 --> 01:46:38.760]  Danny, are all these regulators in D.C.?
[01:46:38.760 --> 01:46:39.760]  I don't know.
[01:46:39.760 --> 01:46:47.800]  Because if they're not in D.C., if they're in the states, they're subject to the state
[01:46:47.800 --> 01:46:48.800]  law.
[01:46:48.800 --> 01:46:52.360]  Well, I was kind of wondering about that too.
[01:46:52.360 --> 01:46:55.480]  Well, yeah, they're on the state property.
[01:46:55.480 --> 01:47:06.160]  If they're not in a federal enclave, then they're subject to state law, and shielding
[01:47:06.160 --> 01:47:17.240]  from prosecution in Texas state law is 3805, and it's felony.
[01:47:17.240 --> 01:47:22.600]  Along with Tampa, the government document, 3710, is also a felony.
[01:47:22.600 --> 01:47:29.960]  So we really need to start filing, and your idea is right on.
[01:47:29.960 --> 01:47:35.040]  Instead of filing against the bankers, we file against the regulators for not filing
[01:47:35.040 --> 01:47:36.640]  against the bankers.
[01:47:36.640 --> 01:47:37.640]  Yeah.
[01:47:37.640 --> 01:47:42.640]  That'll get them all hopping and jumping.
[01:47:42.640 --> 01:47:49.520]  Well, you know, I just wanted to get that out there and get people started thinking
[01:47:49.520 --> 01:47:50.520]  about it.
[01:47:50.520 --> 01:47:51.520]  Okay.
[01:47:51.520 --> 01:47:54.520]  That is a good idea.
[01:47:54.520 --> 01:47:55.520]  Thanks, Danny.
[01:47:55.520 --> 01:47:56.520]  Okay.
[01:47:56.520 --> 01:47:57.520]  Let you go.
[01:47:57.520 --> 01:47:58.520]  Okay.
[01:47:58.520 --> 01:48:02.520]  Now, we're going to still have Jimmy back.
[01:48:02.520 --> 01:48:03.520]  Hello, Jimmy.
[01:48:03.520 --> 01:48:04.520]  Hello.
[01:48:04.520 --> 01:48:05.520]  Randy.
[01:48:05.520 --> 01:48:06.520]  Can you hear me better now?
[01:48:06.520 --> 01:48:07.520]  Yes, I can.
[01:48:07.520 --> 01:48:08.520]  Okay.
[01:48:08.520 --> 01:48:09.520]  Good.
[01:48:09.520 --> 01:48:10.520]  Good.
[01:48:10.520 --> 01:48:11.520]  I won't keep you too long either.
[01:48:11.520 --> 01:48:12.520]  I just wanted to make a couple of points.
[01:48:12.520 --> 01:48:13.520]  When I filed these bar grievances, the clerks in the circuit court all know me.
[01:48:13.520 --> 01:48:14.520]  You know, they call me by name now, and the clerk in the state senator's office, she
[01:48:14.520 --> 01:48:15.520]  used to say, I knew you when you came in.
[01:48:15.520 --> 01:48:16.520]  Now, I'm a popular person in the court now.
[01:48:16.520 --> 01:48:37.880]  So I'm probably one of the bar grids on these three attorneys.
[01:48:37.880 --> 01:48:41.000]  Wait a minute.
[01:48:41.000 --> 01:48:47.400]  Did you say that you're popular in the courts now because you hammered these attorneys?
[01:48:47.400 --> 01:48:48.400]  Yeah.
[01:48:48.400 --> 01:48:49.400]  Yeah.
[01:48:49.400 --> 01:48:53.960]  The court clerks call me by my name.
[01:48:53.960 --> 01:48:54.960]  They know my name.
[01:48:54.960 --> 01:48:55.960]  I never told them my name, but they know my name.
[01:48:55.960 --> 01:48:56.960]  They come and say, good day.
[01:48:56.960 --> 01:48:57.960]  You know, say my name and how may we help you?
[01:48:57.960 --> 01:48:58.960]  I never told the students my name.
[01:48:58.960 --> 01:48:59.960]  You know why they know your name?
[01:48:59.960 --> 01:49:00.960]  Because there's a lot of talk around there about this guy.
[01:49:00.960 --> 01:49:16.760]  Who's taking these lawyers to the cleaners.
[01:49:16.760 --> 01:49:19.000]  This is the way it works.
[01:49:19.000 --> 01:49:25.480]  And I pretty well guarantee you, you show up to court, you're going to be treated well.
[01:49:25.480 --> 01:49:35.160]  I had a guy work with a guy here in Dallas and he had a friend of his went to an eviction
[01:49:35.160 --> 01:49:42.240]  hearing and the guy was Indian and he had on a turban and he went to the court and they
[01:49:42.240 --> 01:49:46.360]  told him to take his hat off and he told him it wasn't a hat, it was a turban and he couldn't
[01:49:46.360 --> 01:49:52.520]  take it off and they ordered him out of the courtroom.
[01:49:52.520 --> 01:50:00.000]  Once he's out in the hall, the bailiffs came to him and said, are you Randy Kelton?
[01:50:00.000 --> 01:50:01.320]  This guy never heard of me.
[01:50:01.320 --> 01:50:11.760]  So he was talking to David and he said, David, do you know a guy named Randy Kelton?
[01:50:11.760 --> 01:50:19.940]  Apparently they thought he was just jerking them around and it's gotten around the county
[01:50:19.940 --> 01:50:26.840]  that I come down there just to jerk them around.
[01:50:26.840 --> 01:50:33.320]  When you do this stuff, when you go after these guys, everybody hears about it.
[01:50:33.320 --> 01:50:42.000]  I have a, there's a JP who used to be JP here in the county I live in, Mark Autry and really
[01:50:42.000 --> 01:50:45.760]  thought highly of this guy.
[01:50:45.760 --> 01:50:50.360]  It was my opinion that Mark would do what he thought was right if it hairlipped the
[01:50:50.360 --> 01:50:51.360]  Pope.
[01:50:51.360 --> 01:51:00.120]  Well, I went in and talked to him one day and he said he was down in Austin at a seminar
[01:51:00.120 --> 01:51:07.840]  for JP's, continuing education seminar and he said, when I got down there and they found
[01:51:07.840 --> 01:51:15.480]  out I was from Boyd, Texas, they all wanted to know if I knew you and said the whole rest
[01:51:15.480 --> 01:51:18.440]  of the seminar, all we did was talk about you.
[01:51:18.440 --> 01:51:19.440]  Wow.
[01:51:19.440 --> 01:51:24.440]  And I said, well, what did they ask you?
[01:51:24.440 --> 01:51:26.400]  What did they ask you if you was crazy?
[01:51:26.400 --> 01:51:34.840]  He said, oh, I hate to hear what you told him and I told him, yeah, he is.
[01:51:34.840 --> 01:51:44.480]  But the point was, if he is 200 miles from where we live, then all of the JP's knew who
[01:51:44.480 --> 01:51:45.560]  I was.
[01:51:45.560 --> 01:51:51.600]  You go hammer one or you hammer one judge, all the rest of them find out about it.
[01:51:51.600 --> 01:51:59.040]  Well, I did call it misconduct on one of the judges for accepting the state's attorney's
[01:51:59.040 --> 01:52:08.640]  claim as evidence, the statement that he made as evidence and I might need to do it again
[01:52:08.640 --> 01:52:13.560]  on this next judge because when I turned my license in, you know, resented it, it was
[01:52:13.560 --> 01:52:20.280]  expired and he lied and said that it was still suspended when I turned it in.
[01:52:20.280 --> 01:52:24.360]  So kind of the same situation where the judge's defendant is reliant on what the statement
[01:52:24.360 --> 01:52:28.440]  that the state's attorney is saying instead of the state attorney showing evidence to
[01:52:28.440 --> 01:52:32.160]  prove what he's saying to be correct, you know, or to witness.
[01:52:32.160 --> 01:52:33.160]  Okay.
[01:52:33.160 --> 01:52:40.360]  Did you file criminal charges for aggravated perjury against the prosecutor?
[01:52:40.360 --> 01:52:41.920]  That's what I wanted to ask you.
[01:52:41.920 --> 01:52:44.960]  That was my last question when I called earlier.
[01:52:44.960 --> 01:52:49.360]  I didn't know specifically how you set up the criminal complaint.
[01:52:49.360 --> 01:52:51.840]  I'm not really getting at it.
[01:52:51.840 --> 01:52:52.840]  That's okay.
[01:52:52.840 --> 01:52:57.240]  You don't have to set it up a specific way.
[01:52:57.240 --> 01:53:07.160]  In the Fed and in Texas, if a complaint is filed and presented to a prosecuting attorney,
[01:53:07.160 --> 01:53:14.400]  the prosecuting attorney must reduce the complaint to an information.
[01:53:14.400 --> 01:53:24.280]  And what an information is, is a complaint form in, is a complaint in proper form.
[01:53:24.280 --> 01:53:26.040]  That's the only difference.
[01:53:26.040 --> 01:53:33.840]  And the reason for that is, is citizens are intended to give notice of crime in the form
[01:53:33.840 --> 01:53:35.920]  of a complaint.
[01:53:35.920 --> 01:53:39.880]  So the complaint is essentially informal.
[01:53:39.880 --> 01:53:46.120]  There is one particular statute in Texas that says all complaints shall run in the name
[01:53:46.120 --> 01:53:50.920]  of the state, in the name of and by the authority of the state of Texas.
[01:53:50.920 --> 01:53:56.520]  So every complaint in Texas says in the, in the name of and by the authority of state
[01:53:56.520 --> 01:54:01.280]  of Texas, I, Randall Kelton, have reason to believe and do believe based on the following
[01:54:01.280 --> 01:54:05.480]  that that's the standard starting for one in Texas.
[01:54:05.480 --> 01:54:14.800]  But in the Fed, it looks like a court filing the way they, the way they set them up.
[01:54:14.800 --> 01:54:16.720]  And in Colorado, it's that way.
[01:54:16.720 --> 01:54:20.960]  So you're in Maryland.
[01:54:20.960 --> 01:54:27.280]  If you file a federal complaint, you can go online and find them.
[01:54:27.280 --> 01:54:34.360]  Like look up a famous case in the Fed and look up the complaint against the person and
[01:54:34.360 --> 01:54:35.600]  that'll give you the format.
[01:54:35.600 --> 01:54:39.360]  You can do the same thing in Maryland.
[01:54:39.360 --> 01:54:47.760]  Just go down to the criminal court and ask to see, you know, any criminal file.
[01:54:47.760 --> 01:54:49.880]  They'll have to see yours.
[01:54:49.880 --> 01:54:53.160]  There'll be a complaint form in yours.
[01:54:53.160 --> 01:54:54.160]  Okay.
[01:54:54.160 --> 01:54:58.880]  That'll give you the styling of it.
[01:54:58.880 --> 01:55:04.280]  There is no, they use a citation, no information, no complaint.
[01:55:04.280 --> 01:55:06.960]  There's no complaint, just by station.
[01:55:06.960 --> 01:55:07.960]  Okay.
[01:55:07.960 --> 01:55:12.120]  Well, this is generally, they can't do that.
[01:55:12.120 --> 01:55:23.160]  If it's, if there's any punishment by imprisonment, then it has to be, the general JPs can't hear
[01:55:23.160 --> 01:55:24.160]  that.
[01:55:24.160 --> 01:55:28.440]  And those are the only ones I know of, I'm sorry, at least here in Texas that can prosecute
[01:55:28.440 --> 01:55:30.400]  without any information.
[01:55:30.400 --> 01:55:36.240]  Just go to the county court and ask to see, you know, tell the clerk that you want to
[01:55:36.240 --> 01:55:38.960]  see the format for filing a complaint.
[01:55:38.960 --> 01:55:44.080]  Can I see the last criminal complaint filed in the court?
[01:55:44.080 --> 01:55:46.200]  And they'll probably give it to you.
[01:55:46.200 --> 01:55:51.480]  You know, the clerk's really easy to get along with.
[01:55:51.480 --> 01:55:58.400]  So the best place to do your research is in what's been filed in the record.
[01:55:58.400 --> 01:56:04.400]  So go down there and ask the clerk to see, you know, the last criminal complaint, best
[01:56:04.400 --> 01:56:10.320]  to do it in the district court that you get, you're sure to get the right format.
[01:56:10.320 --> 01:56:15.680]  Sometimes county courts have their own format that varies from the standard, but the district
[01:56:15.680 --> 01:56:17.160]  court never does.
[01:56:17.160 --> 01:56:22.560]  Well, the felony court, I don't know what it's called in Maryland, but the felony court
[01:56:22.560 --> 01:56:25.880]  will always have it in the standard state form.
[01:56:25.880 --> 01:56:30.160]  Okay, so you got your criminal complaints, you're saying you filed some in the court,
[01:56:30.160 --> 01:56:33.880]  you're saying you also take them to the grand jury?
[01:56:33.880 --> 01:56:36.720]  Oh, okay.
[01:56:36.720 --> 01:56:39.320]  You have to read the code in Maryland.
[01:56:39.320 --> 01:56:45.680]  See, like in Pennsylvania, a citizen can't go to a grand jury.
[01:56:45.680 --> 01:56:46.680]  Okay.
[01:56:46.680 --> 01:56:52.960]  The district judge impanels it and only he can go to them, or he and the prosecuted attorney.
[01:56:52.960 --> 01:57:02.000]  So you'd have to read the code, just do a search for criminal procedure code Maryland
[01:57:02.000 --> 01:57:03.000]  grand jury.
[01:57:03.000 --> 01:57:06.960]  You'll get a hit right on the grand jury procedures.
[01:57:06.960 --> 01:57:07.960]  Okay.
[01:57:07.960 --> 01:57:17.120]  And, you know, see if they, a panel of grand jury, primarily you want to see duties of
[01:57:17.120 --> 01:57:20.320]  grand jurors.
[01:57:20.320 --> 01:57:24.680]  And then from duties of grand jurors and right around that section, I'll tell you all the
[01:57:24.680 --> 01:57:29.040]  process for getting complaints to grand jurors.
[01:57:29.040 --> 01:57:31.800]  Read it two or three times.
[01:57:31.800 --> 01:57:38.440]  So you understand the nuance, such in Texas, it says the grand jury shall investigate into
[01:57:38.440 --> 01:57:45.480]  all matters subject to indictment that come by way of personal knowledge of any juror
[01:57:45.480 --> 01:57:51.280]  by way of the prosecuting attorney or any credible person.
[01:57:51.280 --> 01:57:56.760]  And it's important that you read and understand what that says.
[01:57:56.760 --> 01:58:02.120]  In the Fed, it says the grand jury shall examine into all criminal accusations that come to
[01:58:02.120 --> 01:58:05.320]  their knowledge by whatever means.
[01:58:05.320 --> 01:58:10.680]  So that tells you how you can get complaints to grand jurors.
[01:58:10.680 --> 01:58:12.520]  Read all, read that whole section.
[01:58:12.520 --> 01:58:18.280]  If you read it a couple of times, you'll know it better than the prosecuting attorney does.
[01:58:18.280 --> 01:58:22.160]  Then call us next week and tell us what it says and we'll develop a strategy for going
[01:58:22.160 --> 01:58:23.160]  after this guy.
[01:58:23.160 --> 01:58:25.680]  But I am out of time.
[01:58:25.680 --> 01:58:26.680]  Thank you all for listening.
[01:58:26.680 --> 01:58:30.200]  This is Randy Kelton with Wheel of Law Radio.
[01:58:30.200 --> 01:58:34.440]  We will be back next Friday, next Thursday and Friday.
[01:58:34.440 --> 01:58:39.320]  Next Thursday, we'll be back for two hours with Deborah Stevens, and then we'll be back
[01:58:39.320 --> 01:58:43.800]  next Friday for our four hour info marathon.
[01:58:43.800 --> 01:58:50.800]  Thank you all for listening and good night.
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