Letter to Florida Supreme Court re Pino

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This letter was emailed, and subsequently mailed to the Chief Justice of the Florida Supreme Court to be read prior to oral arguments on Thursday, May 10, 2012 in the Roman Pino case.

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Chief Justice Charles T. Canady Supreme Court of Florida 500 South Duval Street Tallahassee, FL 32399 FOR URGENT DISTRIBUTION PRIOR TO THE HEARING OF ARGUMENT BY THE PARTIES IN THE ROMAN PINO CASE SCHEDULED FOR MAY 10, 2012. May 8, 2012 Dear Chief Justice Canady, We write on behalf of our Members and for the ever increasing number of US Citizens and Florida Residents who are concerned about the unprecedented levels of corporate corruption that are undeniably present in all three branches of Florida's government. In the belief that you are well positioned as the Chief Justice, with extensive personal experience of service in all three of Florida's branches of Government, to understand the deepening concerns of the people of Florida that our state government appears to have developed common practices that bear no relation to those envisaged by the Founders of this Nation and embodied in the Constitution of the United States and the Bill of Rights and further embodied in the Constitution of the State of Florida. We are sure that you and all the Justices who together are charged with the responsibilities upon Oath to uphold both Constitutions [despite the inclusion of the words "and the government" in those Oaths] have no need to be told that this Democratic Republic was created to be a Nation of Laws. The Constitution of the United States was carefully crafted during the summer-long Continental Congress of 1787 to protect the Citizens of the United States against excessive governments and their potential for corruption. The Founders were obviously aware that all power corrupts and that absolute power corrupts absolutely. That is why they designed the US Constitution to be a rigid and/or inflexible instrument requiring substantial majorities in both Federal and State Congresses before any change, however minor could be effected. Regrettably they did not foresee that corruptive influences would gradually infiltrate and control all three branches of government having figured out how to destroy what must have been the finest instrument of free government ever designed, by the simple expedient of continuing to masquerade as a Democratic Republic, while operating as an instrument of corporatism. Essential to our freedoms and our status in the world is the preservation of our beloved Democratic Republic and it is with great sorrow that we are witnessing its systematic destruction by Corporate America, with the Banking Industry in the vanguard. Obviously, changes of such magnitude were pre-planned at least 100 years ago, following the secret meeting in Jekyll Island

of the originators of the plot to transfer the real power of the United States government to a Private Banking Cartel, whose very name is deliberately deceptive and could not have been possible without the full and complicit co-operation of both Federal and State governments. As every Supreme Court Justice knows, the Federal Reserve is no more Federal than Federal Express and it does not have any reserves, only vast personal assets stolen from the Citizens of this Country and around the world. Thomas Jefferson, our Third President, is attributed to have said; "I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs." We submit that Jefferson's warning was clearly prophetic in nature as we the people are now suffering the consequences of the major and contrived deception of the American People and its Federal Congress engineered by the demons of finance resulting in the creation of the Federal Reserve in 1913. Further evidence of that danger was apparent when Andrew Jackson, our seventh President, engaged in an extended tussle with the Bank of the United States in 1832 and beyond. It is against that background that educated and concerned citizens started to study the facts behind the massive crimes that were pre-planned by the Banking Industry in full and sentient cooperation with those government institutions who were sworn to uphold the rights of its citizens and residents. This letter has been written in consideration that the Supreme Court will be hearing oral evidence at 9:00 am on May 10, 2012 in connection with the Roman Pino case. Our Foundation has no interest in Roman Pino, any law firm that may be representing him, or the facts of the Roman Pino case. Our concerns relate solely to the reason why the Supreme Court is deliberating this case and its modus operandi relating to the admission or otherwise of Amicus Curiae Briefs. Again, we understand that it is unnecessary to translate the Latin to English when writing to you, but for the benefit of others who may read and want to support this letter it means; "friend of the court." From our observations and those of other groups and individuals it is obvious that the Court did not want to receive Amicus Curiae Briefs from persons who were experts and/or victims of this massive crime against the people of Florida, the United States of America and the rest of the world. Indeed, the Court appears to have rejected all but those submitted by the Mortgage Bankers Association (MBA), the Florida Banker's Association (FBA), and the Florida Land Title Insurance Association, whose only 'friends' are the criminal elements that put together what has been described by Professor William Black, former Bank Regulator, lawyer, accountant, economist published author and criminologist, as, "the greatest Ponzi Scheme in the history of the world." We are further disquieted by the content of those briefs and in particular with the joint submission by the MBA and the FBA, but not limited to that document. We have also read the excellent reply brief filed by Thomas Ice which addresses the inherent frauds behind the thousands of deliberately forged and/or fraudulent documents that have been filed in Florida's Courts and in the various Clerks of the Courts' Official Records. Those forgeries have been sentiently filed by

foreclosure mill law firms and are frequently executed by Florida Attorneys, pretending to hold senior office within Plaintiff Banks, often switching their pretenses of office from Bank to Bank. Florida Residents have suffered massive losses of their due process rights in the Circuit Courts of this State when sitting as Courts of Equity and, in every case that has ever come to the notice of this Foundation, the Plaintiff and [usually] its purported law firm counsel has come to those Courts with unclean hands as is so aptly described by Attorney Ice in his reply to the Supreme Court. As a part of its support to prevent the passage of unconstitutional Bills in Florida's Congress, this Foundation conducted an analysis of a total of 131 new foreclosure cases in the 20th Judicial Circuit in Lee County, Florida, on the randomly selected February 1, 2010. The analysis revealed that 96% of the documents filed in support of the Complaints on that day were in conflict with the allegations contained in the Complaint and therefore the Sham Plaintiffs in those cases lacked any Standing to foreclose as a matter of law. The Court lacked subject matter jurisdiction in each case, yet the majority of those cases were determined by Summary Final Judgments ordered by non-elected Senior Judges, some of whom could not provide valid, current Oaths of office. The properties were then unlawfully seized from their lawful owners and transferred to Plaintiffs without Standing, complete with defective titles. None of those Circuit Courts record [alternatively do not make available] any of court proceedings during the adjudication of foreclosure cases, despite having the most sophisticated recording equipment installed in those Courts in open violation of Florida's Sunshine Laws, leaving savvy litigants or those few defense attorneys who litigate foreclosures, to finance the services of an Official Court Reporter, to pay for their attendances in Court and to produce official transcripts of proceedings. Pro se, Defendants in foreclosure suits are treated disrespectfully by the Court, including its Judges, Senior Court, and Clerk of the Court staff. These same public servants are often found to have systematically acted in collaboration with Plaintiffs to file wrongful foreclosure complaints, to issue unlawful Clerk’s Defaults, Alias Summonses, Alias Writs of Possession and other ultra-vires actions, as part of a sentient collusion between the Courts and Sham Plaintiffs, with the obvious purpose of perverting the course of justice. The Bankers would have you believe that these and a host of other frauds upon the courts are unusual circumstances, whereas they are in fact not only commonplace, but are to be found in profusion in the majority of foreclosure cases in this state. They quote lost Notes as a rarity, knowing full well that thousands of these lost documents are cited by all of the Banks. Not even Banks can expect anyone to believe that they could be that incompetent or negligent. Yet our Courts simply accept such outrageous claims as though they were true. In addressing this letter to you, the Foundation and others who have been monitoring the modus operandi of the Judicial process adopted by the Supreme Court and implemented by the Circuit Courts and to some extent, the District Courts of Appeal have compared those practices with the governing laws of this State and of this Nation and have found them to be in contempt of those laws. Florida Residents were encouraged, when following receipt of a letter from the Florida Press Association, the ACLU and other entities, you wrote and served your Directional Memorandum dated November 17, 2010 upon every Chief Judge in each of the Circuits within the Jurisdiction of the Supreme Court. Your memorandum was incapable of misunderstanding, it specifically instructed the Circuit Courts to adjudicate all foreclosure cases strictly within the law, all issues which are now before the Supreme Court in the Roman Pino case. Regrettably, those hopes were quickly dashed when the result was 'business as usual' and no beneficial changes in practices were implemented. To date, we are unaware of any subsequent actions taken by the

Supreme Court to enforce the implementation of your Directional Memorandum in order to protect the rights of the Residents of Florida against these massive frauds. We must all therefore reluctantly conclude that the Florida Supreme Court could well be part of the problem, rather than the solution it is designed to be. The Roman Pino case is a golden opportunity for you and your fellow Justices to stop this unfettered massive corruption that has already unlawfully deprived thousands of Florida Residents of their real property and to give notice that Florida will no longer be enslaved by the doctrine of government by corporations, to ensure that the lawyers practicing in this State demonstrate their professionalism, stop believing that their role is to repeatedly lie, execute forged and otherwise fraudulent documents in the knowledge that the Florida Bar in its multi headed capacity will protect them from discipline and to begin the task of regaining the respect of the people of Florida. This Foundation with many other groups, have twice succeeded in preventing the passage of unconstitutional laws designed by Bankers from passing into law. Once when the corrupted Congress tried to turn this State into a non-judicial foreclosure state and again, in the last session when the incredibly titled 'Fair Foreclosure Bill" was before them in its various House and Senate formats. Such was the desperation of the Bankers and their enslaved members of Congress to force that Bill into law, that as late as 10:58 pm on the night before the last day of Session, Senator Richter completely re-wrote a one page Senate Bill in respect of liens, to be substituted by all the worst parts of each of the House and Senate Bills in order to try and avoid the notice of the people of Florida. But, after their switchboard was jammed by savvy and concerned citizens, discretion fortunately became the better of valor and the Bill was not called. No doubt they will be back again with more unconstitutional garbage of this kind at the first available opportunity. Having failed to railroad their proposed Fair Foreclosure Bills through Congress during the last Session, which contained, inter alia, a proposed new law to protect the court generated defective titles and the insurance companies who insure them, with the expressed intent to prevent the victims of mortgage fraud from having the right to regain their stolen possession even if the Judgments were subsequently found to be void and based upon frauds-upon-the-court. The Bankers are now seeking to achieve that same objective by persuading the Supreme Court to Rule that the integrity of documents filed in foreclosure cases should not be challenged as they present the industry as concerned for the citizens and residents of this State, justifying their argument on emotional and unsupported claims of the suggested negative impact upon the State’s economy. The Circuit Courts have frequently gone on record saying they were simply obeying the instructions of the legislature to speed up the process of [unlawful] foreclosures and point to the funding they received to deploy the costs of appointing unelected Senior Judges and to finance their mass foreclosure dockets as their reason for abusing Defendants [known to the Court as borrowers, in open display of bias] due process rights. Despite the failure of those Bills to pass the Congress the legislature granted further funds from its budget with the same objective as previously voted public funds. The Supreme Court's attention is also drawn to the obvious violations of the Separation of Powers which continue to adversely affect the constitutional rights of the people of Florida due to the Circuit Courts’ employment of unwarranted use of an excess number of Sheriff's Deputies to act as Bailiffs in Mortgage Foreclosure Cases. This occurs especially in Courts with a reputation for riding roughshod over the due process rights of less educated defendants or, alternatively, possess little working knowledge of the law. I have frequently counted fluctuating numbers of fully armed Bailiffs, often as many as 8 and on one occasion, 16 such Bailiffs in a Courtroom of the 20th Circuit in Lee County. This is not considering the numbers and costs of further Deputies who man the airport standard screening of all entrants to the Courts, with the exception of

attorneys, who are apparently deemed to be above the need for such security measures. Frequently, the Bailiffs in the courtrooms exceed the number of litigants present and their behavior can best be described as intimidating, including, but not limited to standing in the personal space of a litigant, often two at a time; issuing instructions not to speak; placing their hands over microphones; and laying hands on elderly persons to escort them out of the courtroom, for the major offense of attempting to defend themselves in situations that are analogous to a prizefighter who finds himself in a ring where both his opponent and the referee is against him. The said Bailiffs believe they are under the instructions of the Judge, an officer of the Judicial Branch of Government, and do not understand that when unlawful violations of Defendants' Due Process Rights are blatantly displayed, they are effectively giving color of law to unlawful acts. The Executive Branch, through Sheriff's Deputies, continue to give the color of law to unlawful acts when they blindly carry out evictions on the instructions of the Circuit Courts, as though they were all part of one government branch. Also, we feel sure that the Supreme Court Justices are aware that the private Corporation, entitled The Florida Bar, is the only professional guild that is not subject to the discipline of the Attorney General's Office. And, by virtue of the integration of that private corporation as an official arm of the Supreme Court, has established an elite body of persons who bear the self imposed title of Esquire. This practice is unconstitutional and by the Bar’s integration into the Supreme Court, violates the Separation of Powers, especially when the Attorney General, all Judges, and other State Officers must be members of that same guild. It is time that the Supreme Court removed this unwarranted protection from lawyers under the guise of self-regulation. Anyone with any experience of self regulation knows that it is a recipe for unfettered corrupt practices as is evident from the degradation of the financial industry which prepared the ground for the massive corporate corruption, leading to the collapse of this state’s economy and to the Supreme Court having the Roman Pino Case before it. Such actions could never happen in a true Democratic Republic where the government of the people is by the people and for the people. They are more representative of show trials in totalitarian states and if not stopped, can only deteriorate to the point of no return, where our citizens will lose all civil and due process rights - a frightening but not irrational conclusion, given the widespread abuse of those constitutionally guaranteed rights which are inherent in Florida's courts today and continue to worsen. It is time that the Florida Supreme Court accept its responsibility to ensure that Florida Court's act within the confines of the governing laws of this State. If the words contained in your Directional Memorandum dated November 17, 2010, were anything more than rhetoric to pacify the authors of the letter who apparently provided the motivation for that Memorandum to be written, Florida expects you and the other Supreme Court Justices will understand that the matter of great public interest which caused the Roman Pino case to be referred to you, must be a landmark case. Also, that you will unanimously Rule that corruption, fraud, and forgery will no longer be tolerated in the Florida Courts and will cease to embrace euphemistic terms, such as 'robo-signing. Finally, we need you to recognize that such documents will be re-defined as forgeries and that filing them in Florida's Courts will constitute criminal actions by Banks and any person, [whether or not they are members of the Florida Bar], who assists them in their frauds upon the people of this State will result, upon conviction, in the appropriate punishment using the full force of the law. This letter is copied to each of the Supreme Court Justices in the hope that you and your fellow justices will take this opportunity to make a statement to the people of Florida that corporate corruption is unwelcome in this great State and will be appropriately punished. It will also be published on the Internet so that others may consider adding their support to the most

important decision ever to come before the Supreme Court. Sincerely, G. Malcolm Doney, The Hanging Together for Justice Foundation copy to Justices: Barbara J Pariente, R. Fred Lewis, Peggy A. Quince, Ricky Polston, Jorge Labarga, James E.C.Perry, Sent by email to [email protected] for individual distribution to all the Court's Justices. Also sent by US Mail to provide hard copy, which will not arrive in time for consideration prior to the Hearing scheduled for Thursday, May 10, 2012.

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