Livingston's Ultimate Lawsuit
Bob Hurt
Chris Chapman shares comments from Dr. Livingston about the genesis of his “ultimate lawsuit” for which he wants money – see attached, and appended below.
Subject: I hope this will put and end to the scuttlebutt so people can move on to positive things at hand.
John,
I, write this in order to set certain records straight, that have too long gotten out of hand, when they, except for rambunctious error, should have gotten out of hand in the first instance.
It involves an Oklahoma case for one Lawrence Buckner and Barbara Buckner, that I worked on in 2001. At the time that I took the case, I was working for one LaMarr Hardy of Hawaii, The Research Foundation, and the Buckners were his clients, who were in bankruptcy. The Buckners had been members of a class action lawsuit of some 70 Oklahoma citizens for 5 years, over some point or the other, and the case was finally dismissed by the appeals court about the time I came on the scene.
I began to work for the Buckners on their bankruptcy case, and became acquainted with one of Hardy's staff members who had worked for the Treasury Department years before, and knew something about OMB numbers that revealed some corrupt uses of certain ones, and he and I discussed that problem to a point that I determined that the Buckners could be best helped by filing a suit against the IRS on that basis, since the bankruptcy case was going nowhere fast.
I immediately undertook the task of scanning the form 1040 and the privacy act page of the instruction booklet thereto, and transformed them into bmp documents so that I could expose their true OMB problem if everything were to be regarded as Kosher the way the IRS was publishing it to be.
Then we filed the case with the U.S. district court of Oklahoma, and drew the same judge, now close to retirement, who upon seeing the particular IRS documents now exposed to physical change, ruled that these documents constituted evidence, or fact, and that he as a judge could not try it, and that the case would have to be tried to jury instead.
He soon thereafter issued an order for a scheduling conference, which the IRS attorney immediately objected to, but the judge overruled her, and we went through the hoops of that conference, to come out the other side with the judge issuing his Scheduling Order, which now meant that we, both plaintiffs and defendant, had to follow strict guidelines all the way up to the date of trial.
The trial date, or the date that the IRS was supposed to go on trial for their civil OMB # offenses, was designated to be July 2, 2001, and following that order, the IRS attorney came back and wanted to have a "settlement conference" to proceed the pretrial date, which the judge granted. I became immediately enlightened to realize that the IRS had, obviously, used this technique before to keep their name out of case spotlights in the event that anyone actually got a trial date for them to go on trial, as I had, so that others could not use the same case to launch class action suits against them.
But alas, the Buckners had spent 5 years fighting the IRS, only to lose their case after all those years, and Lawrence called me one day to inform me that he and his wife wanted to just drop the case and get on with their lives. I responded that, since we actually had accomplished an actual trial date for them, a rarity, I would be willing to continue the case pro bono. The Buckners thanked me for that effort but indicated that they were simply tired, and did not wish to go through all of the hoops that a scheduling order calls for.
Consequently, not be able to force the Buckners to continue the case against their will, I had no choice but to let the case drop.
In the meantime, at the promptings of LaMarr Hardy and some of the others that were working with him, surrounding the conversation between Hawaii attorney Paul Sulla and Texas attorney David Raul, I was directed to investigate the removal of the IRS CFR 26 29.22 (b) -1 (a), which indicated that there was something in the Constitution that the federal government could not tax. As it was presented to me, this act by the IRS took place in 1953 and 1954, to which I responded, when they took out 29.22 (b) -1 (a) without actual authority to do so, they committed fraud, because 29.22 (b) -1 (a) involved a Mandatory Exemption and a Mandatory Deduction, and the IRS' alleged authority only went to an "Allowable Exemption and an Allowable Deduction, the lesser of the two authorities.
When my research began to expose a number of direct procedural violations and other bizarre acts of certain IRS officials back in 1953 +, not the least of which was the creation of the "Blue Back Series" of CFRs, the Ultimate Lawsuit was born.
Les Hollingshead was one of the first individuals on the scene to step up to want to promote it, as his then wife Kelly had worked for Mr. Hardy, and so that is how I got to know them.
In making my introduction about what the Ultimate Lawsuit was to be about, I informed Les about my Buckner case, explaining that, because I had achieved an actual scheduling order win that was to have made the IRS go on trial on July 2, 2001, that accomplishment was to show that the IRS is not invincible to being sued, as many people had come to believe they were, and that we should be able to do the same thing with the new, upcoming Ultimate Lawsuit, as well.
At no time did I ever indicate that the Buckner case had anything to do with the Ultimate Lawsuit, but that did not detour Les from coming out immediately, as a new promoter, very excited, and indicating that the Ultimate Lawsuit was already on its way.
I had to caution Les about continuing to make that claim anymore, as it had nothing to do with the actual Ultimate Lawsuit itself. Nothing.
I never held that against Les, since I understood that he was merely overly eager to get the word out that we could sue the IRS for what was being found out against them, after all, although I had to explain myself and the Buckner case, and what it did and did not mean, just like I am having to do right now.
I should have had Les himself retract what he had mistakenly said, but I realized that that would embarrass him, and I was not trying to do that, to embarrass him.
From the outset of the Ultimate Lawsuit case, there were a number of regular bar attorneys that joined me for a brief time, which included, on our opening day, Paul Sulla, David Raul, and another attorney - can't recall his name - from Massachusetts.
In time those 3 would be replaced by 3 other attorneys at bar, Victor Marshall Gordon, John Thomas, and Preston Howell, and Paul DeFosses, a famous, former IRS CPA who had left them years before, became an official "whistle blower" against them, and worked on the class action 9th circuit case of the airline pilots, who had been ruled against by a "tax court," which took some 14 years to overturn, for a damage awarded the pilots of some 75 million dollars.
There were 5 of us on the ULS team, including myself, but Victor Gordon was designated as the lead attorney, as he was "licensed" by both the State and federal bar associations, and by filing the case under the Rule 55 (e) umbrella of the Federal Rules of Civil Procedure, we decided that we should be on our way.
Preston Howell wrote much of the original part of our first complaint brief, with the 86 counts that I had prepared, behind it. It looked like we should be ready to go at any time.
But that was not to happen, because we were to learn that at any time one civilly sues the federal government in an amount exceeding $10,000, under Title 28 they are supposed to take the case to the U.S. court of federal claims. Everyone in the Ultimate Lawsuit had claims that far exceeded $10,000.
You would think that, with 3 standard issue bar attorneys on board, that that transfer to the new court would be a lead pipe cinch, but not so. The new court had its own angle for subverting justice against the IRS, which was that, being a bar member of, not only State, but of any federal bar, was not enough, for the court of federal claims had its own bar, and that bar's requirements was that the joining attorney had to have 2 sponsors of bar members already existing in that court, logically from one's own State.
In the meantime, Victor Gordon, one of Utah's few black attorneys at the time, had come under fire of the State bar for calling a judge down in Manti, Utah, a racist, and even had a contempt warrant out for his arrest.
So Victor Gordon was out of the picture, because no court of claims bar member wanted the liability of sponsoring an attorney into that bar who was drawing fire from the State bar itself. The other 2 attorneys had insufficient experience in fighting court cases, and so were not adequate for that job.
I late made contact with an attorney here who was with the court of federal claims bar, and he looked at the evidence of the Ultimate Lawsuit thoroughly, and determined that the IRS had committed fraud in its illegal Federal Registry activities back in 1953, and so was willing to take the case on those particular points alone, but was unwilling to go after them with the other mounds of fraud and corruption evidence that we had against them. This was in about the year of 2004 when this potential point took place.
Not willing to throw everything away that had been discovered against the IRS for a few procedural points only, I declined the attorney's offer to sue on those particular points, and continued to hold out for a better fight.
In the meantime, I had undertaken another attack on the banks for bank fraud, or mortgage fraud, during which time I would be the one to discover the principles of MAFE (Money Available For Earning) and the Private Debt Deficit, upon which so many financial lives in this country were hanging, and still are. The partner that I had, who had brought to me her own case of getting her own daughter's 2nd mortgage of $35,000 canceled overnight, constituted the start of that program. I had known the lady who became my partner for years, and as far as I knew, she was honest.
Unfortunately I was mistaken, for not only did she pack our company with employees who were young, inexperienced, and highly overpaid, but she was not making the work of the program get out there to the clients as we were supposed to have going on for the clients. When an employee informed me of what was not going on that was supposed to be, I immediately called a stockholders meeting and fired her - as president, and took over the responsibility myself.
It was my mistake to let her stay on as any form of executive officer, but she begged me to do so, which resulted in her coming into the office over the next weekend, and cleaning out the office and most of the operating facilities, but particularly the company's official records, which when we did an independent audit, revealed an embezzlement fraud of some $200,000. by her, and another $200,000 between her and one of the main marketers, one whose name initials were P.W.
When we tried to bring in the police to arrest her, she got an attorney out of California to come quickly to her rescue, and they argued that it was all civil and not criminal, because after all, she was still an executive officer of the company, and she only took the company records, having been its former president, in order to "audit them" for her own protection before she turned them over to us. A "civil dispute" only. Right.
Attorney Preston Howell was the corporate secretary at the time, and was something of a wuss in fighting out of a legal wet paper bag, so our case against her began to fizzle. We never got the records back, and when we returned to the office the Monday following her illegal entrance into it, we found that she not only took much of the company's property, but most of our employees as well, most of whom were relatives of her close friends, who she overly paid in order to obtain their loyalty.
Attorney John Thomas, from the Ultimate Lawsuit, came to work for me at that time, trying to help move the actual program that was to have been or flagship product out there, and I had to instruct him often on points of law that we were to use in our cases against the banks, but ultimately he would be overwhelmed by so many clients to suddenly deal with, just as I was.
With only about 2 of the original employees still with us, and 1 manager, we had to quickly rehire a staff who could be trained on our computer software, so that we could begin to do what had not been done, almost since the date of our beginning, getting the work out there that the people had order from us, a problem that was unknown to me until that employee exposed it to me, as I have indicated.
We now had a dilemma on our hands, one that I had not caused, but nevertheless took responsibility for. I went on nationwide conference calls and informed everyone, all clients, what had happened, holding nothing back, and though it was stated that I should have had the expectable right to just place all of the blame on the former dishonest partner and walk away, unscathed, I made sure that everyone knew that I would not do that, but would try to go on and complete the program as started.
Almost a half a million dollars down, left halfway stranded in the program with most employees suddenly gone, payroll became difficult for the 15 or so employees that we ended up with, and I worked long and hard on cases that I had no way to know if they, clients, had paid for, or not, but worked, ongoing, trying to keep people in their houses that banks were trying to foreclose on, every day of the week.
The former partner, during the time that she was president, sign her name on checks as Lee Smith, Smith being her maiden name, and Lee being her middle name, so that the bankruptcy court would not find out about how much she was paying herself, so under alleged U.S. law she was committing criminal bankruptcy fraud as well.
I probably should have turned her in on that one, and thought of doing it, but she had one time been what I thought was a friend, and could not bring myself to go quite that far, although if I had it to go over again, I probably would.
Much of this I am giving you is just an overview, but hopefully you will better understand this when I am done.
During this time, Les Hollingshead became a marketer of the bank/mortgage fraud program as well, though I never knew exactly what all he brought to the table during that time, much of it being somewhat loose and unaccounted for, similar to the way that he proposed the Buckner case to be something that it never was, and was never claimed to be.
Trying to manage the case load that I was suddenly stuck under, with a payroll deficit that I could no longer afford, to say the least of it, I ended up losing the company and being driven into bankruptcy, twice, myself, losing virtually everything I had.
During this time, I was still trying to go after my former partner for what she had illegally done to myself and company and clientsand as it happened independent of my knowing originally coming to know her, she was a long time, close friend of Les Hollingshead. As a part of her defense mechanism, she began a smut campaign against me, trying to get clients to go with "the new mortgage cancellation company" that she and her attorney put together, and I was accused of sexual misconduct toward certain female employees, which she knew was an utter lie so it never went anywhere, to attacking my background as a lawyer, allegedly from some PI that she dug up somewhere, who couldn't find me on whatever "books" I was supposed to be on, according to her, and that was her reasoing, her excusel, for her embezzlement fraud, her hiring a former lover to build our database for us, at the cost of $15,000, of not putting out any form of the Quasi Contract while we were paying employees (most being daughters of her friends) them to do just that. I had been sued years before by another attorney for not being a member of the bar, who knew me as my legal background, and never made an issue that I was not who I was to the court. A dear friend, Dr. Elena Johnson, having herself graduated from George Washington Lawschool in W.D.C., knew me, some of the law professors, and the law shool that I attended, though it wasn't on the W.D.C. accreditation list that whoever decided it had to be on. I do not care about any of that, my training was nothing less than of the highest order, the professors taught me well, and I never doubted their professional background at any time, even though some of them were practicing bar attorneys on the side.
They taught me to hate the bar, which I do, as they all did, even though they were forced to it in order to make a living. I had some of the best instruction of any law student upon graduation, and unlike most law school graduates who do not even know how to label a simple motion by graduating time, I was able to form both motions and memorandums and other complex legal reasoning as a law school graduate.
Later, Victor Marshall Gordon and another attorney would establish the First American Public Law School together, with the mission goal, as Mr. Gordon put it, that "it is time that teach the law to the people that they are being held accountable to.
She failed to tell him and everyone about how she, as president, had hired a former lover of hers (she was a married woman at the time) to come and work for us, to create a database that should not have cost us more than a $1,000, for $15,000, or more. I never knew the exact amount as this was part of the records that she took that fateful weekend when she came in and took almost everything away.
My Quasi Contract Program was a subject of discussion between myself and legendary CPA bank fraud whistle blower Tom Schauf, who flew to meet me and discuss how banks were creating money out of thin air, reversing the cost and risk back upon the borrower, and issuing "checkbook money" in the place of anything actually real, as far as money is concerned.
The Quasi Contract Program that I designed was created to hold banks, in their fraudulent money making schemes, accountable for the borrower being the actual first lender, giving the borrowers the Quasi Contract Right to charge Interest - on the Loans made to the bank, thereby canceling out any alleged mortgage debt altogether, and then some. The Quasi Contracts were well designed, but by the time it came out that they were not being completed and sent out to the clients who were waiting on them, following the 2 large embezzlements that had taken place before that time, combined with an overwhelming payroll, we were too broke to defend our position in court against the banks after that time.
I suspect that, because the former partner hired her former partner to do the work of the database program that was to have made the production and sending out of the Quasi Contracts possible, she was not attending to the "store" as she was supposed to have, which ultimately ruined the company itself.
All of this I made publicly known to all that were on the clients conference calls of those days, in about the spring of 2003. But Les Hollingshead was her long time friend, and also his Mormon bishop told him not to trust me since I was unable to deliver on everything the way I was supposed to. Taking into account NOTHING, and never taking responsibility for his own misinforming the people about the Buckner case, which never had a thing to do with the Ultimate Lawsuit - at all - as I have already indicated.
I should think he, Les, would have been a little ashamed of himself, because every ounce of fight that I have ever brought against the governments or their "establishment" has never been anything less than sincere, and serious, and I have never given anyone anything short of my very best. Never.
But some people have no shame, even when one works to reverse wrongs, terrible wrongs, that have taken place in our land, from which wrongs many still suffer to this very day.
Strange how the power of the negative denies one from proving what they can't prove does not exist, so they conclude that it doesn't because they can't find it or know all about it (I was never asked for any information before they lauched their smear campaign against me), but suddenly, there it was, and Les Hollingshead being her good friend, she was sure to impart her troubles and woes, about how bad I had been to her, to him. And he took it from there, made himself my enemy without even letting me know it, until recently, and for what? He knows nothing about the work, the selfless work, that I undertook for all those years when everyone decided that I had deserted them, but hadn't, or the fact that I just gave it, most all of it, willingly, when asked to do so, without pay, for the benefit of suffering people everywhere.
The Ultimate Lawsuit became effectively suspended only because we were denied an actual U.S. court of competent jurisdiction to file it in, the whole case that is, not just a part of it. It took several years thereafter for me to come to the conclusion that the alleged U.S. district courts were actually de facto, (along with the U.S. court of federal claims) ... and worse, that they were operating as U.S. War Courts and not as normal courts existing for the sake of justice. And then, there was the discovery that the nation isn't exactly kosher in its organization establishment, plus the pre-1866 process for taking cases through the federal courts, the TESTS, etc., as we have come to know them to be.
The evidence in the Ultimate Lawsuit has never been paralleled, the IRS is well aware of it, they know who I am; there have been many indications that they have no defense for it except to hope that it never happens, or that they have a "district court judge" on their side if it does. To say that there is anything at all about it that makes it anything less than what it is, is preposterous, for, all things considered, since people are still using it to this day to avoid filing returns, filing statements accompanied by Ultimate Lawsuit DVDs and paperwork instead, they would already have indicted me, prosecuted me, and put me away long ago if there had bee no truth to it.
If Wesley Snipes had had it, he would not have gone to prison, along with Eddie Kahn, and Leona Helmsly, and Willie Nelson would still have his 35 million plus, to name only a few.
And in 2004, when an IRS agent showed up and served me with a 7406 summons to appear before them or else be subject a warrant and arrest if I didn't show up, you can bet I would have been arrested when I didn't show up considering all that I was doing to them with the UL suit that I was still trying to get underway.
I hope this puts the facts more in order, and if not, then I do not know what I can say that will edify the situation further. If I had it all to go over, I might do it differently, but I know that my special knowledge involving the Legal Address issue came about by my prosecuting bank fraud program, so I see the Lord's hand in that one, without which, the people would have much less chance than they do right now because of this.
Best,
Dr Dale Livingston, DLC, JD, JYD, tms
Christopher Chapman
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