Professional Documents
Culture Documents
Dear GENTLEMEN: I am in receipt of your three (3) presentments, Complaint for Permanent Injunction and Other Relief, hereinafter COMPLAINT, dated March 15, 2010, the originals, with original bankers acceptance indorsements, are enclosed herewith. As the Secured Party Creditor, and the holder of the paramount security interest in any and all real and personal property and the proceeds therefrom, registered to, associated with, in the possession of, or under the management of, PETER F. DOE, JOHN H. DOE, and GEORGE K. DOE, your alleged claims and/or requests prejudice my rights, titles, and interests in regards to said property as the Executive Trustee for the private trust to which said rights, titles, and interests have been pledged. In order for me to provide you with a remedy a bona fide and verified claim must be presented. Therefore, I am conditionally accepting your offer for injunctive and other relief, upon proof of claim that: (1) PETER F. DOE, JOHN H. DOE, and/or GEORGE K. DOE have engaged in any of the conduct you have alleged in the COMPLAINT; and (2) PETER F. DOE, JOHN H. DOE, and/or GEORGE K. DOE have caused any harm, loss or injury, as you have alleged in the COMPLAINT; and
Page 1 of 2
(3) there is a defect in the instrument tendered and enclosed herewith, Private Bonded Promissory Note # JD0000101, hereinafter INSTRUMENT. (4) the INSTRUMENT is not sufficient to setoff, settle, and discharge any and all outstanding obligations, duties, and/or liabilities alleged and attributed to PETER F. DOE, JOHN H. DOE, and/or GEORGE K. DOE. You have ten (10) days from receipt of this Constructive Notice of Conditional Acceptance and the enclosed Affidavit of Specific Negative Averment, hereinafter AFFIDAVIT, to respond on a point-by-point basis, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated in the enclosed AFFIDAVIT and an inability to prove your claim. The INSTRUMENT is being tendered in good faith, for the setoff and/or discharge of any and all alleged obligations, duties, or liabilities attributed to PETER F. DOE, JOHN H. DOE, and/or GEORGE K. DOE, thereby protecting and preserving all my rights, titles, interests, and remedies regarding any and all property, registered to, associated with, in the possession of, or under the management of PETER F. DOE, JOHN H. DOE, and/or GEORGE K. DOE. Take notice of the PreOffset Notice For Balanced Book Adjustment, enclosed herewith, it may contain significant information regarding your duties as the holder in due course and your obligation to exercise ordinary care with regards to the INSTRUMENT. Executed in Orange county, California Republic, this Nineteenth day of the Third month in the year of our Lord, two-thousand and ten. Witness my hand and seal.
_____________________________________________ ______________ John Henry Doe, Secured Party Creditor, Executive Trustee for the private trust known as John Henry Doe & Company Please direct responses to third party witness: Cindy Smith, Notary Public 1234 Witness Street Huntington Beach, California 92648 Enclosure(s): (1) Affidavit of Specific Negative Averment dated March 19, 2010 (4 pages); (2) Pre-Offset Notice For Balanced Book Adjustment (1 page); (3) Private Registered Bonded Promissory Note # US22074404 (1 page); (4) Complaint for Permanent Injunction and Other Relief dated March 15, 2010 (21 pages); (5) Complaint for Permanent Injunction and Other Relief dated March 15, 2010 (21 pages); (6) Complaint for Permanent Injunction and Other Relief dated March 15, 2010 (21 pages); (7) I.R.S. Form 1040-V (1 page); and (8) Notarys Certificate of Service dated March 19, 2010 (1 page)
NOTICE: THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. IT IS FOR THE PURPOSES OF OBTAINING LAWFUL REMEDY AS IS PROVIDED BY LAW.
CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE Page 2 of 2
Page 3 of 2
TO:
GREGORY J. FAUKER c/o U.S. DEPARTMENT OF JUSTICE POST OFFICE BOX 7238 BEN FRANKLIN STATION WASHINGTON, D.C. 20044 UCC File #/State: 10-1000000001/CALIFORNIA FOR: PETER F. DOE, JOHN H. DOE, and GEORGE K. DOE, DEBTOR(S) RE: Private Prepaid Treasury Account # Social Security Number 123-45-6789
FROM: John Henry Doe Principal, Secured Party Creditor c/o 1234 Creditor Street Huntington Beach, California; near [92648] 123456789 Non-Domestic without the US DATE: March 19, 2010
Page 1 of 1
Page 2 of 1
Plain Statement of Facts 4. There is no evidence that PETER F. DOE has prepared and filed, with the IRS, false and frivolous federal income tax returns, and/or amended tax returns, or other fraudulent tax-related documents, on behalf of other persons, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has prepared and filed, with the IRS, false and frivolous federal income tax returns, and/or amended tax returns, or other fraudulent tax-related documents, on behalf of other persons, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has prepared and filed, with the IRS, false and frivolous federal income tax returns, and/or amended tax returns, or other fraudulent tax-related documents, on behalf of other persons, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has engaged in fraudulent or deceptive conduct which substantially interferes with the proper administration of the Internal Revenue Laws, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has engaged in fraudulent or deceptive conduct which substantially interferes with the proper administration of the Internal Revenue Laws, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has engaged in fraudulent or deceptive conduct which substantially interferes with the proper administration of the Internal Revenue Laws, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has prepared and filed federal tax returns, and/or amended tax returns, that understate any persons tax liabilities as a result of unreasonable and frivolous claims and, thus, has engaged in conduct subject to penalty under 26 U.S.C. 6694, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has prepared and filed federal tax returns, and/or amended tax returns, that understate any persons tax liabilities as a result of unreasonable and frivolous claims and, thus, has engaged in conduct subject to penalty under 26 U.S.C. 6694, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has prepared and filed federal tax returns, and/or amended tax returns, that understate any persons tax liabilities as a result of unreasonable and frivolous claims and, thus, has engaged in conduct subject to penalty under 26 U.S.C. 6694, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has prepared and filed federal tax returns, and/or amended tax returns, that understate any persons tax liabilities as a result of willful attempts to understate said tax liabilities, and/or reckless and/or intentional disregard of internal revenue laws and regulations and, thus, have engaged in conduct subject to penalty under 26 U.S.C. 6694, and the Affiant believes that no such evidence exists.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Page 1 of 4
14.
There is no evidence that JOHN H. DOE has prepared and filed federal tax returns, and/or amended tax returns, that understate any persons tax liabilities as a result of willful attempts to understate said tax liabilities, and/or reckless and/or intentional disregard of internal revenue laws and regulations and, thus, have engaged in conduct subject to penalty under 26 U.S.C. 6694, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has prepared and filed federal tax returns, and/or amended tax returns, that understate any persons tax liabilities as a result of willful attempts to understate said tax liabilities, and/or reckless and/or intentional disregard of internal revenue laws and regulations and, thus, have engaged in conduct subject to penalty under 26 U.S.C. 6694, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has prepared federal tax returns that include fraudulent refund claims, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has prepared federal tax returns that include fraudulent refund claims, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has prepared federal tax returns that include fraudulent refund claims, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE, directly or indirectly, organized, promoted, marketed and/or participated in the sale of a plan or arrangement and, in doing so, made false and fraudulent statements with respect to the tax benefits of participating in the plan or arrangement, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE, directly or indirectly, organized, promoted, marketed and/or participated in the sale of a plan or arrangement and, in doing so, made false and fraudulent statements with respect to the tax benefits of participating in the plan or arrangement, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE, directly or indirectly, organized, promoted, marketed and/or participated in the sale of a plan or arrangement and, in doing so, made false and fraudulent statements with respect to the tax benefits of participating in the plan or arrangement, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE falsely promised larger tax refunds from the Government predicated on the submission of fraudulent documents to the Internal Revenue Service, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE falsely promised larger tax refunds from the Government predicated on the submission of fraudulent documents to the Internal Revenue Service, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE falsely promised larger tax refunds from the Government predicated on the submission of fraudulent documents to the Internal Revenue Service, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE engaged in conduct subject to penalty under 26 U.S.C. 6694 and/or 26 U.S.C. 6695, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE engaged in conduct subject to penalty under 26 U.S.C. 6694 and/or 26 U.S.C. 6695, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE engaged in conduct subject to penalty under 26 U.S.C. 6694 and/or 26 U.S.C. 6695, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE engaged in conduct subject to penalty under 26 U.S.C. 6700, and the Affiant believes that no such evidence exists.
15.
20.
21.
22.
23.
24.
Page 2 of 4
There is no evidence that JOHN H. DOE engaged in conduct subject to penalty under 26 U.S.C. 6700, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE engaged in conduct subject to penalty under 26 U.S.C. 6700, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE prepared and aided or assisted in the preparation and/or filing of federal income tax returns and other documents that resulted in the understatement of the liability for tax of another person, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE prepared and aided or assisted in the preparation and/or filing of federal income tax returns and other documents that resulted in the understatement of the liability for tax of another person, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE prepared and aided or assisted in the preparation and/or filing of federal income tax returns and other documents that resulted in the understatement of the liability for tax of another person, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE engaged in conduct subject to penalty under 26 U.S.C. 6701, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE engaged in conduct subject to penalty under 26 U.S.C. 6701, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE engaged in conduct subject to penalty under 26 U.S.C. 6701, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE prepared and/or filed any fraudulent documents and/or federal income tax returns, and/or amended tax returns, and/or information returns, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE prepared and/or filed any fraudulent documents and/or federal income tax returns, and/or amended tax returns, and/or information returns, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE prepared and/or filed any fraudulent documents and/or federal income tax returns, and/or amended tax returns, and/or information returns, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has substantially interfered with the enforcement of the internal revenue laws, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has substantially interfered with the enforcement of the internal revenue laws, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has substantially interfered with the enforcement of the internal revenue laws, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has promoted or engaged in any tax-fraud scheme, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has promoted or engaged in any tax-fraud scheme, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has promoted or engaged in any tax-fraud scheme, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has engaged in conduct causing harm, loss, or injury to the United States and/or the public, and the Affiant believes that no such evidence exists.
32.
33.
38.
39.
Page 3 of 4
There is no evidence that JOHN H. DOE has engaged in conduct causing harm, loss, or injury to the United States and/or the public, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has engaged in conduct causing harm, loss, or injury to the United States and/or the public, and the Affiant believes that no such evidence exists. There is no evidence that PETER F. DOE has engaged in, promoted, assisted, aided, and/or prepared any fraudulent, frivolous, or fabricated federal tax returns, amended federal tax returns, and/or information returns, and the Affiant believes that no such evidence exists. There is no evidence that JOHN H. DOE has engaged in, promoted, assisted, aided, and/or prepared any fraudulent, frivolous, or fabricated federal tax returns, amended federal tax returns, and/or information returns, and the Affiant believes that no such evidence exists. There is no evidence that GEORGE K. DOE has engaged in, promoted, assisted, aided, and/or prepared any fraudulent, frivolous, or fabricated federal tax returns, amended federal tax returns, and/or information returns, and the Affiant believes that no such evidence exists. There is no evidence of a defect in the instrument tendered and enclosed herewith, Private Bonded Promissory Note # JD0000101, hereinafter INSTRUMENT, and the Affiant believes that no such evidence exists. There is no evidence that the INSTRUMENT is not sufficient to setoff, settle, and discharge any and all alleged outstanding obligations, duties, and/or liabilities for PETER F. DOE, JOHN H. DOE, and/or GEORGE K. DOE, and the Affiant believes that no such evidence exists.
50.
51.
52.
53.
I, John Henry Doe, Secured Party Creditor, under my unlimited liability and Commercial Oath, proceeding in good faith, being of sound mind, having first-hand knowledge, affirm, state, and declare that the facts contained herein are true, correct, complete and not misleading, under penalty of International Commercial Law, so help me, God.
John Henry Doe, Secured Party Creditor ________________________________________________________________ ALL RIGHTS RESERVED (seal)
JURAT
Subscribed and sworn to (or affirmed) before me on this ______ day of ______________, _____, by ____________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me. ______________________________________________ Signature
Cindy Smith, Notary Public 1234 Witness Street Huntington Beach, California 92648 My commission expires: August 24, 2010
March
2010
(seal)
Page 4 of 4
AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT Page 5 of 4 THIS CONTRACT AND ATTACHMENTS ARE NOT INTENDED TO HARASS, INTIMIDATE, OFFEND, CONSPIRE, BLACKMAIL, COERCE, CAUSE ANXIETY, ALARM OR DISTRESS, OR IMPEDE PUBLIC PROCEDURES. THEY ARE PRESENTED WITH HONORABLE AND PEACEFUL INTENTIONS TO FACILITATE SETTLEMENT AND CLOSURE OF THIS ACCOUNT. ANY AFFIRMATION CONTRARY TO THIS VERIFIED STATEMENT OF FACTS WILL COMPRISE YOUR STIPULATION TO COMMITTING A FRAUD.
NOTICE
(Seal) (Stamp)
24, 2010 My commission expires:August _____________________________ Cindy Smith, Notary Public 1234 Witness Street Huntington Beach, California 92648
LEGAL NOTICE The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a Federal Witness Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant . The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled Deprivation of Rights Under Color of Law, which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. laws.