February 07, 2008 US District Judge Walter U.S. District Court Room G-8 312 N. Spring Street Los Angeles, Ca. 90012 Guardian CC: NSA 9800 Savage Road, Fort Meade, MD 20755—6740 BAO@nsa.gov Court Bus Affairs
Re: Axel/Cheng/Yang/Mueller - A.G.‟s Secret - Kick Back Crimes – Fall Guy Lerach This is a short presentation to assist in a more informed sentencing (or even entertaining it) relating to Mr. Bill Lerach. The parties have been courtesy copied, return receipt, by U.S. Postal Road e-mail surveillance plus, for clarification. Sadly, this is a case of calling the kettle black owing to our A.G., Inc.’s felony suppression & harboring of mammoth executive kick-back felonies by A.G. Ronald Cheng‟ & Yang‟s team, all in accord, including Yang, Russi, Barbara Masterson & Dan Barrios, for their executive IPO & Reserve ghost clients, like James Dimon & Warren Buffet.1 First, I remind this honorable court about our IT-Submission, receipt confirmed: Ex 11-27-07 - A.G. is advancing Wall Street Ponzi Schemes A) B) C) Here, the creed statute’s PLAIN LANGUAGE is CONCLUSIVE.2 This is too extravagant to be maintained. 3 The intelligence contained on the enclosed CD is for your info [Judge Walter]!
Second, We understand that sometimes our guardians need reminders about what they may & may not do, which dovetails into our system of check & balance, which the following adds to, for clarification. Here, We shift to A.G. Cheng’s team’s kick-back crimes & their media campaign, backed by the State Bar, to cover those crimes by engaging, under colors of authority, our We The People guardian, Mr. Lerach: No Relative Harm No Fowl The key tangible harm falsely claimed by Yang, Cheng et al A.G. here is that identified Wall Street Executives were Mr. Lerach’s We The People clients after they
Make no mistake about it, unlike A.G. here, Bill Lerach was & remains a voice for We The People, who is the court’s boss in our democracy, by definition. 2 Cal. Franchise Tax Bd. V. Jackson (In re Jackson, 184 F.3d 1046, 1051 (9th Cir. ’99). 3 MARBURY v. JAMES MADISON, 5 U.S. 137 (FEBRUARY, 1803).
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manipulated the face value of their own currency downward (Article 1 Coin) that they contracted to sell to We sold to We The People. That is the root of the cancer here, not Bill Lerach playing the cards your U.C.C. all capitalized name people chattel trafficking legislatures dealt him. Judicial notice shall be taken of that truism. On The Reality Of My A.G. Persecutors CEO Clients’ Kickbacks It is the nature of an A.G. sociopath to project accusations of what A.G. is onto another, to divert the reality of it’s misdeeds as a plotted media play campaign. That, We submit, is what is going on here. It is a confirmed fact that A.G., all in accord, has felony suppressed deep executive kick-back facts on behalf of its executive clients, cementing its own harboring, aiding & abetting & accessory realities. Indeed, the very indictment allegations A.G. slung at Mr. Lerach are easily converted into one against A.G., with verified facts; A.G. has perniciously turned the tables, wickedly, to shelter itself. What Disgorgement & What Ill-Gotten Gains Kick-Back Facts First, so we are speaking the same language, the term kickback is a synonym for felony ―concessions‖ as defined in Sugar. 4 Here, We present some short, sworn to under oath, CEO kick-back facts, all of which A.G. has been on actual notice of since 2001: Q. A. Q. A. When you first took over responsibility for [your staple items]…, were there any rebates [off invoice kickbacks]? No. Did there come a time when there started to be rebates [called kickbacks]? Yes.5 1985 – 19886 Q. First … are they taken into account in computing the … margin [10K-10Q]? A. No.7
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Sugar v. U.S., 297 U.S. 553, 573-74 (1936). UnSafeway Bill Genssemer, TT, 2622. 6 Slotting is another felony synonym for ―concessions,‖ which is money laundering because executives confessed to keeping it & using it to manipulate prices (revenue reporting). 7 Fat Albertsons Ed Heredia TT, 1976:27-1977:2.
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What is the largest amount of one you can recall? [I]n excess of $24,000,000 (from Hallmark).8 ... If I, if I … I … keep that money….9 [stick one]! ... We use some of it to put it against our gross margins to smooth out [artificially] our gross [revenue reporting 10K-10Q] so that we were on a consistent reporting basis - so on a quarterly basis we were able to achieve whatever we wanted to report.10 So … the [invoice] price … went up when you had [bad Sugar] slotting? Absolutely. 11 So by taking those monies and setting them aside in a [shush] fund….12 That's how the rebate program got started and continued.13 And now I have … rebates and … could do something really exciting.14 [Executives stumbled, confessing] If I, if I … I … keep that money….15 [W]e … put that money up in a holding account with our accounting department ….16 Let’s say for an example that we were having a relatively good period & we did not need that money to achieve our gross margin for that period, & we knew that the next month we were going to have a pretty difficult time meeting revenue forecasts.17 We would put that money up in a holding account with our accounting department, & they would hold it until the next period. We use some of it to put it against our gross margins to smooth out our gross so that we were on a consistent reporting basis – so on a quarterly basis we were able to achieve whatever we wanted to report.18 ... ... without giving specifics of any of these other contracts, what types...of commodities or products have been involved?
Q. A. A. A. A. A. A. A.
A.
Q.
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Thomas Dahlen Trial Transcript, page 2317:24-2318:1-17. Bill G., Live, on Trial, page 2623:9-17. 10 VP Bill Gensemer, Depo played at trial, page 152 (See Philip Hilder, Attorney for Whistleblower Sherron Watkins ) 11 UnSafeway Gensemer live at trial, at page 2622. 12 VP Bill Gensmer live on trial stand, page 2623:3-4. 13 B,G live on trial stand, page 2623:7-8. 14 Bill G., Live, on Trial, page 2623:17-22-22. 15 Bill G., Live, on Trial, page 2623:9-17. 16 Gensemer under oath Movie at Trial, pages 151:46-152:47. 17 VP Bill Gensemer, Depo played at trial, depo page 152. 18 Id.
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Greeting cards, light bulbs, pasta, dry beans, rice, private label products, numerous...items across the store.19
Shifting, to translate a bit, the felony kickback facts marked above were specifically discussed & expressly banned in 1936, verbatim supreme: [T]he [Major Crime Unit] practice [of pawning off invoice numbers as one‟s real cost] developed on the part of some, but not all, [sellers] ... of giving secret concessions [off invoice money for the account]. There were some...who never indulged in that practice, but others, called [& confirmed] 'unethical' ... did so to such an extent that ...all...[stuff] sold ...carried secret [kick-back] … of some kind. [Some book keepers, for example,] … falsely represent--- [invoice] prices [to clients, the IRS, & on S.E.C. filings, for example] which they said they … procure[d] & actually paid] from [franchise]… sellers.'‖ 20 A.G. Cheng & D. Wong Yang’s Major Wicked Crime Spree (Cap Name) Usurping Now, A.G. sociopath Ronald Cheng’s team has been on actual notice of the above crimes since & before 2001. Doing just the opposite of what We pay A.G. to do, A.G. Cheng has usurped, abused and perverted Trust in Us by agreeing, in & out house: A) B) To harbor the above crimes; & To turn the tables & attack Mr. Lerach for it.
To be very clear, know that Mr. Lerach too has known about the above major crimes since at least 2001. Mr. Lerach, however, is not charged with the duty to cure it, like your A.G. Cheng is. Maybe Mr. Lerach did use his knowledge of the above major white collar crimes to leverage better settlements on behalf of We The People, who roundly get jacked by the fiat money the executives you’re A.G. identified in your indictment against Mr. Lerach. So you know, Mr. Lerach & the other major We The People guardians you‟re corrupt A.G. has attacked are not the only ones privy to this felony intelligence nor are they the only ones who compensate clients for stepping up to address riddled with
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Thomas Dahlen Trial Transcript, page 2317:24-2318:1-17.
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Sugar v. U.S., 297 U.S. 553, 573-74 (1936).
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corruption fiat money manipulation. Mr. Lerach & Lazar, e.g., have simply been targeted for tarring by your A.G., representing their identified executive clients, which, We submit, is out of order.21 A.G. bringing it in the first place is corrupt, knowing the above facts. That an honorable court has endorsed this venal action, by entertaining it from go, is a symptom, in our view, of a deeply infected by Wall Street Court Cancer. Is this honorable court a holder of any stock is a critical inquiry on the appeal We shall make, our way, if necessary! Sadly, it is crystal clear that both A.G. & this court, in concert, are executing a broad message to the We The People plaintiff‟s bar to back off filing cases to address a riddled with corruption Wall Street? As an example, perhaps this honorable court would like to explain to US how Mr. Richard Grasso came up on a roughly 200 million severance package from the EX-CHANGE? Simple theft is one reality. That known, We cite Jefferson: "To unequal privileges among members of the same society the spirit of our nation is, with one accord, adverse."22 About citing Jefferson, common law & the rule book, our Articles, for clarification, We understand that in your court citing our founders (whom I am surely no wiser than) is not permitted by your smoke filled Ivy room agenda, under colors of authority. Our thought on that, however, is that you, not I, will have a grand difficulty explaining that, formally, if necessary, at an impeachment hearing for very bad behavior & public fraud, under colors of authority.23 Next, the legal reality of which judicial notice is taken is that this is not your court: it is a We The People common law only court, to remind you. And it is not from you that ―We the free” derive & invoke our bourn rights:
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Perhaps you’re A.G. – DOJ would like to account for every single penny (the receipts, ins & outs) in connection with every single fine they have “taken” over the past 8 years, as an effort to instill some faith in their Article 1 duty to post all ins & all outs of all public moneys, which every cent the Federal Reserve has ever taken in had been in breach of since its birth in 1913. 22 --Thomas Jefferson to Hugh White, 1801. ME 10:258. 23 Citing article 3 Common law as a trump to your post 1930 statutory & case law, much of which is not necessary proper Wall Street qualified!
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"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."24 "That liberty [is pure] which is to go to all, and not to the few or the rich alone."25 Some Me & IT Background As I walk through the valley of the shadow of death, I shall fear no evil. For my [Senate & Military Academy] staff & my rod, they comfort me. Psalms 23 Now, about the above kick-back felonies, Mr. Mogin too has been on actual notice of them as I personally presented them to him in 2000 & in 2001, which triggered his joining hands with Mr. Noonan/Greg Stone, in concert with Ronald Cheng, to suppress the disclosure of that sensitive, public Niche Field information. Shifting, one of the methods of leveraging the facts & rules pertaining to the niche field involves coupon settlements, in lieu of owed hard cash. Here is a quote, from Freeman v. Shack marking one sample of the back door deal making ―contract settlement agreement in restraint of trade‖ entered by some, not all, fiduciary class guardians, verbatim: In May 2004, Freeman, Schack, Barry, and Mogin participated in a mediation planning session in Los Angeles. At the mediation, Schack and Mogin began proposing that Freeman II should be settled for [counterfeit] coupons to the class members valued at approximately $30 or less.26 Next, I remind of the nature of a sociopath, like Joanne Remke, whose team has been on actual notice of the above major kick-back crimes since 2004. Indeed, to parrot the sociopath Remke herself, directly on point here, on behalf of CEO Burd, Dillon & Johnson, she published, verbatim: There are [no] … mitigating circumstances [for any of the players involved]. [Our] … Court concludes that the facts and circumstances surrounding [Remke – Mogin et. als] … commission of the [harboring, suppressing, libel, slander plus] offenses for which [plenty are on actual notice of & have been unmasked &
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--Thomas Jefferson: Rights of British America, 1774. ME 1:209, Papers 1:134 --Thomas Jefferson to Horatio Gates, 1798. ME 9:441.
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Arleen FREEMAN et al., Plaintiffs and Appellants, v. Alexander SCHACK, Defendant and Respondent. No. D048583. Aug. 27, 2007.
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convicted by peers] … involved moral turpitude. "Moral turpitude" has been defined by the California Supreme Court as ~’an act of baseness, vileness or depravity in the private and social duties which a man [and Remke] owes to [her] … fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man." (In re Craig (1938) 12 Cal.2d 93, 97.) Holding that an attorney’s act constitutes moral turpitude characterizes the attorney as unsuitable to practice law. (In re Strick (1983) 34 Cal.3d 891,902; In re Higbie (1972) 6 Cal.3d 562, 570.) Next if you think I didn’t check myself into protective custody given the mammoth crimes involved, on cue, as directed, after Greg Stone threatened the lives of my family, you are sorely mistaken! I joke not & those semi-competent with the materials of my complex lit field know full well that defense bar boys, like Greg Stone, and his big CEO clients are super-sophisticated corporate mafia. They are proficient in the art of linguistic deceit, like their clumsy advocate Remke, whose clients are, of course, all IPO company hoodlums sued by Lerach & Weiss et al. Those clients include, among others, Warrant Buffett, James Dimon, and chain operators Mrrs. Burd, Johnson, Dillion & Ron Burkle, e.g., all of whom contract with and for Bill Gates price rig software. Straight By The One & Only One Flag Body Of Law Rule Book Article 1, section 3 reads, verbatim: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to [common] Law. Article 3, Section 1 reads, verbatim: The judicial Power of the United States shall be vested in one supreme Court [which is not California’s], and in such inferior Courts [which is not Remke’s or Robert Trentacosta’s] as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…. Article 1, Section 6 reads, verbatim:
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The … Representatives [meaning judges, D.A.- A.G.] …. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest…. Article 2, Section 4 reads, verbatim: [A]ll civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article 3, Section 3 reads, verbatim: No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. One count of Bars‟ Remke treason with regard to me, e.g., is the fact that she, and others, refused to give any faith, any credit to the public record of my federal state order of dismissal, with prejudice in 2003: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. Article 4, Section 1. D. Yang, Cheng & All A.G.’s In Accord Sponsored By Remke’s Bar Backing DV Court Witch Hunts, Libel & Slander Campaigns, Invading Us With Malice Aforethought The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. Article 4, Section 4. Again, the cannon the court owes duty to reads, verbatim: [The] … plain language is conclusive.27 Now, "I may err in my measures, but never shall [I] deflect from the intention to fortify the public liberty by every possible [lawful] means, and to put it out of the power of the few to riot on the labors of the many."28 Next, supreme dicta ON MY RULE WORD “NO” reads: "[A] function of free (e) speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of
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Cal. Franchise Tax Bd. V. Jackson (In re Jackson, 184 F.3d 1046, 1051 (9th Cir. ’99). --Thomas Jefferson to John Tyler, 1804. ME 11:33
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unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.‖ ―Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. ― ―That is why freedom of speech . . . is . . . protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. . . .‖ There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures [Harrassing Toilet paper], courts, or dominant political [Esquire] or community [Dunk] groups."29 Ex-Us Magazine Cued Quotes Modified "[Bar F-Sugar Schedule Cartel’s are] … vampire-like, lives only by sucking living labor, and lives the more, the more labor it sucks."30 The above known, We suggest the following options: A) B) C) Dismiss IT, with prejudice; Continue IT & think about IT, wisely; &/or Other info & options are on the enclosed CD.
On a final note, did you know that my mother had a double liver & kidney transplant in the middle of my „99 Agent double planted ―Yoke/Caviar‖ case? On the white cross, on my mother & father’s grave, I share this now. Godspeed & in hoc signo vinces my Sigma Chi brother in life - Walter!31 Warmest Regards, P.S. Plato said, ―Compared with your mother & father & all the rest of your ancestors your country is something far more precious, more venerable, more sacred, & held in greater honor both among gods & all reasonable minds.”32 P.S.S. Presidential pardon’s plus are owed and coming, with War Crime Damages, so you know!
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EDWARDS v. SOUTH CAROLINA, 372 U.S. 229, 237-238 (1963). Das Kapital Volume I, Chapter 10.
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WINDOWS ME – 2000
--Plato, Crito
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