Re:"Strawman" - WHY THE UCC FILING? by turiya ..... Conspiracy Forum
Date: 4/18/2009 11:10:41 AM ( 15 y ago)
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WHY THE UCC FILING?
Short Explanation
“[Very] soon, every American will be required to register their biological property in a National system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not one man in a million could ever figure our plans and, if by accident one or two would figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor or to this fraud which we will call “Social Insurance.” Without realizing it, every American will insure us for any loss we may incur and in this manner; every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.”--Edward Mandell House
Around the time of the war between the United States and the southern states of the American union, the United States was busy putting together a plan that would increase the jurisdiction of the United States. This plan was necessary because the United States had no subjects and only the land ceded to it from the states; i.e., the District of Columbia, which was only ten miles square and such land as was necessary for forts, magazines, arsenals, etc.
Between the 1860’s and the early 1900’s, banking and taxing mechanisms were changing through legislation. Cunning people closely associated with the powers in England had great influence on the legislation being passed in the United States. Of course, such legislation did not apply to the states or to the people in the states, but making the distinction was not deemed to be a necessary duty of the legislators. It was the responsibility of the people to understand their relationship to the United States and to the laws that were being passed by the legislature. This distinction between the United States and the states was taught in homes, schools and churches. The admiralty courts did not interpret legislation as broadly at that time because the people knew when the courts were overstepping their jurisdiction. There was a general presumption that the people were in control because they knew who they were and where they were standing in relation to the United States.
Up to and including 1913 the United States added numerous private laws to its books that facilitated the increase of subjects and property for the United States. The 14th Amendment provided for a new class of citizens: “United States citizens”, which had not formerly been recognized. Until the 14th Amendment in 1868, there were no persons born or naturalized in the United States. They had all been born or naturalized in one of the several states. Up until that point in time there was only state citizenship and was a result of state citizenship. After the Civil War, a new class of citizenship was recognized, and was the beginning of the “democracy” (not the de jure republic) sited in the District of Columbia. The American people in the republic sited in the several states could choose to benefit (receive a benefit) as one of these new United States citizens BY CHOICE (kind of).
This initial nexus for this new citizenship started with the birth certificate under the provisions of the Sheppard-Towner Maternity and Infancy Protection Act of 1921. This act required that all children born be registered by way of a certificate of live birth, in exchange for which they would receive back a birth certificate describing the property. The specific provisions of the act required that the statement of domicile of the property described on the birth certificate would be Washington, D.C. This Act was ruled unconstitutional in 1922; yet it continued in force until 1929 when it was repealed.
Now it is most important to note that the provisions for birth registration as contained in the Sheppard-Towner Maternity and Infancy Protection Act were dropped virtually unchanged into the body of the Social Security Act of 1935. It is also equally important to note that most people readily interchange residency and domicile believing they are one and the same. They are not. Residency is where are you are currently living and domicile is superior in that it is where you ultimately intend to return and is the venue of law by which you declare to be bound.
Domicile gets really interesting when you learn the United States is a British corporation established by the Act of 1871 wherein:
Effectively and legally, the United States is a Corporation and its judiciary operates under Emergency International Maritime Law (hence the gold fringe around the flag in the forum as our public notice). The date is February 21, 1871 and the Forty-First Congress is in session. I call your attention to the "Acts of the Forty-First Congress," Section 34, Session III, chapters 61 and 62. On this date in the history of our nation, Congress passed an Act titled: "An Act to Provide a Government for the District of Columbia." This is also known as the "Act of 1871"
What does this mean? -The Legislative Act of February 21, 1871, Congress chartered a Federal Company entitled "United States," a/k/a "US Inc.” and "USA Inc.”
Well, it means that Congress, under no constitutional authority to do so, created a separate form of government for the District of Columbia, which is a ten mile square parcel of land. This is our “legislative democracy”. Parents unknowingly have been registering their newborn children as property – “a thing” which is “domiciled” or controlled by the law of a private corporation, not the de jure republic formed by the Declaration of Independence and the Constitution.
Since the United States is in fact a corporation, what is the main purpose of any corporation? To manage an endeavor in order to achieve profits, of course! Over the last century war has proven to be the most profitable business in which to be engaged. Today, more than ever before, we have a perpetual war against an enemy we cannot find, and there is no one country the enemy calls home.
Benefits came with this new citizenship (membership in the corporation), but with the benefits came duties and responsibilities totally regulated by the legislature for the District of Columbia (corporation). If you and your children are property identified on a birth certificate, domiciled in Washington, D.C., one of your duties may be to go and fight in a profit-making enterprise (war) for the corporation (United States, Inc.) of which you are a member.
The new class of citizen was given the right to vote in the “democracy” in 1870 by way of the 15th Amendment. All that is required is an application to vote.
Edward Mandell House is attributed with giving a very detailed outline of the plans to be implemented to enslave the American people.(footnote 1). The 13th Amendment in 1865 opened the way for the people to volunteer into slavery by accepting the benefits offered by the United States. Whether House actually spoke the words or not is irrelevant because the scenario detailed in the statement attributed to him has clearly been implemented. Central banking for the United States was legislated with the Federal Reserve Act in 1913.
The ability to decrease the currency in circulation through taxation was legislated with the 16th Amendment in 1913. Support for the presumption that the American people had volunteered to participate in the United States democracy was legislated with the 17th Amendment in 1913. The path was provided for the control of the courts, with the creation of the American Bar Association in 1913.
In 1917 the United States legislature passed the Trading with the Enemy Act and the Emergency War Powers Act, opening the doors for the United States to suspend limitations to government authority otherwise mandated in the Constitution. Even in times of peace, every contrived and created social, political, or financial emergency was sufficient authority for the officers of the United States to overstep its peacetime powers and implement volumes of “law” that would increase the coffers of the United States. Remember every new law starts out as a "bill" in the House or the Senate. So once this passed they could identify someone to pay the "bill”. There is always a declared emergency in the United States and its States, but it only applies to their subjects.
In the 1930’s federal legislation provided for registration of babies through applications for birth certificates, so government workers could get maternity leave with pay. The States pushed for registration of cars through applications for certificates of title, and for registration of land through registration of deeds of trust. Constructive trusts secretly were created as each of the people blindly walked into the United States democracy, thereby agreeing to be sureties for the debts of the United States. The Great Depression supplied the diversion to keep the people’s attention off what government was doing. The Social Security program was implemented along with numerous other United States programs that invited the American people to volunteer to be the sureties behind the United States’ new registered property and adhesion contracts through the new United States subjects.
The plan was well on its path by 1933. Massive registration of property through United States agencies, including the State of _______ subdivisions, assured that the United States and its officers would become rich beyond their wildest expectations, as predicted by Mendall House. All of this was done without disclosure of the material facts that accompanied each application for registration; i.e., under fraud. The fraud was a sufficient reason to charge all the United States officers with treason, UNLESS a remedy could be supplied for the people to recoup their property and collect for the damages they suffered as a result of the fraud.
If a remedy was available, and the people failed to use their remedy, no charge of fraud could be sustained – even in a common law court. The United States only needed to provide the remedy. It was not required to explain it or even tell the people where the remedy could be found. The attorneys did not even have to be taught about the remedy. That gave them plausible deniability when the people struggled to understand the new laws. The legislators did not have to have the intricate details of the law explained to them regarding the bills they were passing. That gave them plausible deniability. If the people failed to use their remedy, the United States came out the winner every time. If the people did discover their remedy, the United States had to honor it and release the registered property back to the people, but only if the people knew they had a remedy, and only if they requested it in the proper manner. It was a great plan.
With plausible deniability, even when the people knew they had a remedy and pursued it, the attorneys, judges, and legislators could act as though they did not understand the people’s claims. Requiring the public schools to teach civics, government, and history classes out of approved politically correct textbooks also assured that the people would not find the remedy for a long time. Passing new state and federal laws that appeared to subject the people to rules and regulations added another level of protection against the people finding their remedy. The public media was molded to report politically correct, though substantially incorrect, news day after day, until few people would even think there could be a remedy available to them. The people could be separated from their money and their time to pursue the remedy long enough for the solutions to be lost in the pages of millions of books in huge law libraries across the country. So many people know there is something wrong with all the conflicts in the laws with the “facts” taught in the schools. How can the American people be free, and at the same time subject to government’s whims? Who would ever have thought the people would be resourceful enough to actually find the remedy? But they did!
In 1933 the United States put its insurance policy into place with House Joint Resolution 192 and recorded it in the Congressional Record. It was not required to be promulgated in the Federal Register. An Executive Order issued on April 5, 1933 paved the way for the withdrawal of gold in the United States. On May 23, 1933 Representative Louis T. McFadden brought formal charges against the Board of Governors of the Federal Reserve Bank system, the Comptroller of the Currency, and the Secretary of the United States Treasury (Congressional Record May 23, 1933 page 4055-4058). HJR 192 passed on June 3, 1933. Mr. McFadden claimed on June 10, 1933: “Mr. Chairman, we have in this country one of the most corrupt institutions the world has ever known. I refer to the Federal Reserve Board and the Federal Reserve Banks…” HJR 192 is the insurance policy that protects the legislators from conviction for fraud and treason against the American people. It also protects the American people from damages caused by the actions of the United States.
HJR 192 provided that “the one with the gold paid the bills.” It removed the requirement that United States subjects and employees had to pay their debts with gold. It actually prohibited the inclusion of a clause in all subsequent contracts that would require payment in gold. It also canceled the clause in every contract written prior to June 5, 1933 that required an obligation to be paid in gold –retroactively. It provided that United States subjects and employees could use any type of coin and currency to discharge a public debt so long as it was in use in the normal course of business in the United States. For a time, United States Notes were the currency used to discharge debts, but later the Federal Reserve and the United States provided a new medium of exchange through paper notes and debt instruments that could be passed on to a debtor’s creditors to discharge the debtor’s debts. That same currency is available to us to use to discharge public debts.
In the 1950’s the Uniform Commercial Code was presented to the States as a means of unifying the generally accepted procedures for handling the new legal system of dealing with commercial fictions as though they were real. Security instruments replaced substance as collateral for debts. Security instruments could be supported by presumptive contracts. Debt instruments with collateral, and accommodating parties, could be used instead of money. Money and the need for money was disappearing, and a uniform system of laws had to be put in place to allow the courts to uphold the security instruments that depended on commercial fictions as a basis for compelling payment or performance. All this was accomplished by the mid 1960’s.
The commercial code is merely a codification of accepted and required procedures all people engaged in commercial activities must follow. The basic principles of commerce had been settled thousands of years ago, but were refined as commerce become more sophisticated over the years. In the 1930’s the age-old principles of commerce shifted from substance to form. Presumption became a big part of the law. Without giving a degree of force to presumption, the new direction in enforcing commercial claims could not be supported in courts. If the claimants were required to produce their claims every time they tried to collect money or time from the people, they would seldom be successful. The principles expressed in the code combined the means of dealing with substantive commercial activities with the means of dealing with presumptive commercial activities. These principles work as well for the people as they do for the deceivers. The rules do not respect persons.
Those who have enticed the people to register their property with the United States and its subdivisions have gained control of the people’s substance through the registrations. The United States became the Holder of the titles to many things. The definition of “property” is the interest one has in a thing. The thing is the principal. The property is the interest in the thing. Profits (interest) made from the property of another belong to the owner of the thing. The deceivers profited by pledging the registered property in commercial markets, but the profits do not belong to the deceivers; the profits belong to the owners of the things. That is always the people. The corporation only shows ownership of paper – titles to things. The substance cannot appear in the fiction. (Watch the movie “The Last Action Hero” and watch the confusion created when they try to mix substance and fiction.) Sometimes the fiction is made to look very much like substance, but fiction can never become substance. It is an impossibility.
There are, in essence, two issues. The first issue, which creates a presumption of a constructive trust, is that all the gold was removed from the people by mandate of law by Franklin Roosevelt. When the people did not receive full and adequate consideration for the gold that was given away, a constructive trust was created wherein the party that received the gold; i.e., the US “corporation", now held the duty to pay the debts of the people since the people no longer held any "money" with which to pay a debt. Their gold, or “substance”, had been exchanged for nonredeemable Federal Reserve Notes. From that point forward case law has stated that "[O]ne could no longer pay a debt but they could merely discharge a debt. Once a debt was discharged by tendering Federal Reserve Notes the nature of the debt has changed and that it is no longer "collectible" but the debt still exists."
As an example let's assume that I owed John two dollars. I did not have any real money to pay John the two dollars I owed him. So I asked John if he would agree to let me give him an IOU for the two dollars. Since John agreed to accept my IOU he can no longer try to collect the original two dollar debt from me because I have "discharged" the debt. But all total I have created four dollars of debt on an accounting ledger – the original two dollars of debt which was never paid plus the two dollar IOU which is another debt and now I have a total of four dollars of debt.
Once one understands that under this new system of debt instrument fiat currency that the only way new money comes into circulation is that it must be borrowed from the international bankers through the Federal Reserve System (which is bondage upon the people), which is nothing more than borrowing debt to repay debt, that the system is an ever increasing system of bondage which mathematically is impossible to escape from unless you have knowledge.
The profits from all the registered things had to be put into a constructive trust for the benefit of the owners. And the presumption is if the profits were put into the general fund of the United States and not into trusts for the owners, the scheme would represent fraud. The profits for each owner could not be commingled (a breach of fiduciary duty). If the owner failed to use his available remedy (fictional credits held in a constructive trust account, fund, or financial ledger) to benefit from the profits, it would not be the fault of the deceivers. If the owner failed to learn the law that would open the door to his remedy, it would not be the fault of the deceivers. The owner is responsible for learning the law so that he understands that the profits from his things are available for him to discharge debts or charges brought against his public person by the United States.
If the United States has the “gold”, the United States pays the bills (from the trust account, fund, or financial ledger). The definition of “fund” is money set aside to pay a debt. The fund is there to discharge the public debts attributed to the United States subjects, but ultimately back to the accommodating parties – the American people. The “national debt” is owed to the owners of the registered things – the American people, as well as to other creditors. This is clearly spelled out in 46App USC 748 wherein the Secretary of the Treasury is authorized to pay judgments and claims on all U.S. vessels; i.e., the legal fiction created by the birth certificate.
If the United States owes a debt to the owner of the thing, and the owner is presumed (by accommodation) to owe a public debt to the United States, the logical course of action is to ask the United States to discharge that public debt from the trust fund. This is the essence of the concept behind the UCC 1 and utilizing setoff and discharge to zero out claims held against the legal fiction or "strawman". The way for the United States to get around having to pay the public debts for the people is to claim the owner cannot be an owner if he agreed to be the accommodating party for a debtor person. If the people are truly the principals, then they know how to handle their financial and political affairs UNLESS they have never learned to do so. If the owner admits by his actions, out of ignorance, that he is an accommodating party, he has taken on the debtor’s liabilities without getting consideration in exchange. Herein lies the fiction again.
The owner of the thing does not have to knowingly agree to be the accommodating party for the debtor person; he just has to act as though he agreed. That is easy if he has a choice of going to jail or signing for the debtor person. The presumption that he is the accommodating party is strong enough for the courts to hold the owner of the thing is liable for a tax on the thing he actually owns.
Debtors may have the use of certain things, but the things belong to the creditors. The creditor is the master. The debtor is the servant. The Uniform Commercial Code is very specific about the duties and responsibilities a debtor has. If the owner of the thing is presumed to be a debtor because of his previous admissions and adhesion contracts, he is going to have a difficult time convincing the United States that it has a duty to discharge public debts for him. In addition, the courts are staffed with loyal judges who look for every mistake the people will make when
trying to use their remedy.
There is a very powerful tool the people can use to help them get to the real issues when they find themselves up against the power of presumption. The law provides for either party of an admiralty court action to object to a line of questioning.
When you object in that court setting, you must tell the judge why you object, otherwise he will overrule your objection. The reason to be given is, “This line of questioning assumes facts not in evidence.”
You can request that evidence of the Plaintiff’s claim be entered as evidence. If the judge overrules this fundamental, basic, underlying, necessary principle of establishing jurisdiction and right to make a charge, there is a major procedural error in the proceeding. Granting in personam jurisdiction to get to the bottom of the issue is vastly better than arguing, “I’m not that person.”
The owner of the thing, after learning the law and discovering who he is in relation to the United States, can file a UCC Financing Statement and Security Agreement registering his interest in the artificial entity (PERSON) that the United States created after Mom and Dad applied for a birth certificate. That was the mother’s act of registering her biological property, her baby (substance), with the State of _______. The United States holds the paper title (form), not the substance (baby). Until your Financing Statement is filed, the United States is the holder of the title to the artificial entity. Its name is spelled in all capital letters – JOHN HENRY DOE. When John Henry Doe files the Financing Statement supported by a Security Agreement signed by the artificial entity (JOHN) and the owner (John), he becomes the holder in due course of the title to JOHN. The UCC and the State commercial law are very specific about the effect of a registered security interest. It has priority over most other interests claimed (only claimed) in the same thing. The evidence that is missing in the court is the registered claim over the person (JOHN).
The owner also must notify the Secretary of the Treasury that he is going to handle his own affairs in the future. He can file a Bill of Exchange with the Secretary through which he exchanges his person’s accepted-for-value Birth Certificate and social security numbers for a chargeback of all the presumed charges brought against his person since the Birth Certificate was issued.
The owner of registered things, who has learned the law and what his rights are, and has filed his Financing Statement, Security Agreement, and Bill of Exchange, and reserved his noncash account routing numbers, can issue an instrument indicating his UCC registration number, his registered Federal Reserve routing number, the name of the public party making a charge against his person, and the amount of the debt to be discharged.
Think of the whole transaction in relation to a dead battery. The battery represents your public person (JOHN), which is a dead entity that can function within the public maize of fiction, transmitting benefits from the public to you in the private if it is charged up. You cannot go into the public because you are not a fiction. JOHN has no power until it is charged with some energy. That energy comes from an IRS default notice, court judgment, credit card bill, utility bill, traffic ticket, or some other instrument that has a dollar ($) amount and JOHN’S name on it as the presumed debtor. The bill is the energy. It charges the dead JOHN. You can now discharge JOHN and put JOHN’S accrual account with the charging party back to a zero balance. You as the secured party over the assets put up as security by JOHN to you as collateral for the debt JOHN owes you can now discharge JOHN with a negotiable instrument for the same dollar ($) amount as the charging instrument.
The charging party that receives your noncash item can (1) process it through a United States department, (2) give it to a third party, (3) keep it to increase its liquidity.
If you, as the owner of a thing, registered it with the United States or one of its subdivisions, you let the United States hold the legal title to your thing based on misrepresentation and failure to disclose material facts to you at the time of registration. You probably retained possession of the thing. The United States invested the title and made a profit. If you did not specifically authorize the United States and its agents to invest the legal title, the profits made from that title belong to you, because as the owner, you remain the equitable titleholder. Legally, all the profits from the investment of the titles to all your registered things must go into a fund for your benefit. If they did not put the profits in a trust fund of some sort, it would be fraud.
Acquiring the titles through what is promoted as mandatory registration is fraud, pure and simple. If the scenario attributed to Mandell House (footnote 1) is now in full application in the United States (which it is), the officers of the United States could be charged and convicted with treason if they had not provided a remedy – which they did: House Joint Resolution 192 of June 5, 1933. This is their insurance policy to assure they are not convicted of treason. That does not mean they cannot be charged with treason, but the courts will dismiss based on failure to state a claim upon which relief can be granted. Because you have a remedy outside the court, you cannot sustain a charge of treason.
The problem in the past with trying to discharge public debts with instruments that could not be processed through your bank on the corner was that those discharge instruments did not route through the Federal Reserve System, which is the bean counter for the national debt, by way of the Internal Revenue Service. That debt is owed first and foremost to the people, who are the equitable titleholders of all the substance in this country. If you try to discharge a public debt with your discharge instrument, and you do not route it through the Federal Reserve, it appears you are receiving a benefit from the United States without exchanging it for something of value. This is technically incorrect because you do have a right to be reimbursed whether or not you apply it toward the debt the United States owes you. You are the substance; it is the fiction.
Quite simply, living men and women have prepaid the entire de facto concoction with the loss of the Land in 1865 and the transfer of all wealth to the United States federal corporation and subjugation of free-holding rights in 1933. This mega-pool of credit is used to fund the production of all goods and services thereunder. Therefore, the correct economic model for a simple retail purchase would be to visit the store and have the value of the requisitioned goods set off against our credit. But since it does not work that way, since living men and women are forced to “pay” for goods and services they have already funded, we seek a refund of the “payment.” The invoice or billing amount with which we are served is the fiction value that is attributed to the amount of our credit that was used to produce the good or service. Since “U.S. Inc.” paid nothing for the gain and is charging us the invoice amount, that invoice amount comprises the Original Issue Discount – the amount that they will gain when we “pay” them minus the cost of the credit to produce the good or service (which was $0.00).
In banking situations, we approach a licensed credit bearer (bank) for the purpose of buying back our own goods – a house or a car for instance. Since the bank claims to be “loaning” us value of some sort, and we supplied all of that value when our money was confiscated by deception in 1933, in effect the bank is charging us for access to our own credit. So we are injured twice – when we purchase the car and when we pay the bank its tax (usury). Therefore, since the bank’s investment was $0.00 and they are making value equal to the principal and interest of the loan, the Original Issue Discount is equal to the face value of the contract plus any payments that were made.
When you issue your credit to the bankrupt United States they have borrowed it from you and they owe you a return of principal plus interest. To accomplish this quid pro quo exchange, you must report every presentment you receive to the Internal Revenue Service which will, in its turn, adjust the books of account according to which corporation has been using your credit.
That is what the 1040 form is about, and what the 1099OID forms are about. When you report a presentment on a 1099OID forms you are reporting to the IRS to whom you paid taxes or to whom you issued your credit. And you can’t always know who that was because you don’t know how much of your credit was issued for paving the roads in your county or building the schools or funding that Wal-Mart or whatever.
The 1099OID form enables the money to return to its source – You.
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(footnote1)
“[Very] soon, every American will be required to register their biological property in a National system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not one man in a million could ever figure our plans and, if by accident one or two would figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor or to this fraud which we will call “Social Insurance.” Without realizing it, every American will insure us for any loss we may incur and in this manner; every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.”--Edward Mandell House
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