Jean Keating Prison Treatise
Jean Keating Prison Treatise
Jean Keating Prison Treatise
[indictment] that has been accepted for payment. The complaint, information, or indictment is a three party
Draft, Commercial paper, or Bill of Exchange under Article 3 of the U.C.C. The Grand Jury Foreman is the
Drawer or Maker of the Indictment by his signature, the Defendant/ Debtor or Straw man is the Drawee and the
State is the Payee and the live man is the Payor. What they are doing in the courtroom is all commercial, this is
in conformity to Title 27 CFR.
(a) Presentment for acceptance is necessary to charge the drawer and endorsers of a draft where the draft so
provides, or is payable elsewhere than at the residence or place of business of the Drawee, or its date of
payment depends upon such presentment. The holder may at his option present for acceptance any other draft
payable at a stated date;
(b) Presentment for payment is necessary to charge any endorser;
(c) in the case of any drawer, the acceptor of a draft payable at a bank or the maker of a note payable at a bank,
presentment for payment is necessary, but failure to make presentment discharges such drawer, acceptor or
maker only as stated in section 3-502 (1)(B).
If you don't accept the charge or presentment you are in dishonor for non acceptance under 3-505 of the U.C.C.
(c) and 3-501 (2) (a), (b). Acceptance is the drawer's signed engagement to honor the draft as presented. It must
be written on the draft, and may consist of his signature alone. It becomes operative when completed by
delivery or notification 3-410 of the U.C.C.
You are the fiduciary trustee of the straw man which is a Cesti Que Trust; in this capacity you have the
responsibility to discharge all his debts, by operation of law. You are also the principal or asset holder on the
private side of the accounting ledger; you are holding the exemption necessary to discharge the debt. When they
monetize debt they must have a principal, capital and interest is what circulates as principal and is called
revenue or re-venue. Principal is where venue lies. Revenue is a Tax debt or Tax bills. All bills when presented
represent revenue, interest, capitol, or accruals circulating from you as the principal, when it is returned back to
you as capital or interest it is called income or in-coming. This method of accounting is called the "Accrual
Accounting Method" and is represented by debits and credits. Debits are assets Credits are liabilities. The
credits and liabilities have to be in balance, this is accomplished through double bookkeeping entries
Corporations work on the Fiscal Accounting Cycle because they operate using commercial debt, we as owner
principal's work on the General Calendar Accounting Year or Cycle. New York City has a $ 6.6 billion dollar
deficit, this deficit represents unredeemed debt on the credit side of the accrual accounting system and cannot be
executed to the debit side of accrual accounting ledger, except through the principal's exemption. New York has
therefore put its bond underwriting business up for bid. This means that New York will issue $ 6.6 billion in
bonds and pay underwriters over $30 million in fees in the next fiscal year alone. Lehman Brothers Bank will
underwrite New York's $ 6.6 billion dollar deficit. An underwriter is an Insurer or one who buys stock from the
issuer with an intent to resell it to the public or an entity or person, especially an investment banker, who
guarantees the sale of newly issued securities by purchasing all or part of the shares for resale to the public.
The Corrections Corporation of America owns most of your prison systems and sells its stock and shares on the
New York Stock Exchange, the major stock holder is the Paine Webber Group. They have a Dunn Bradstreet
rating and are headquartered in Nashville, Tennessee at 10 Burton Hills Blvd and can be reached at 1-800-624-
2931. Their Ticker Symbol for their stock is CXW_pb on the NYSE and CXW under business services on the
NYSE. In Berlin Germany there ticker symbol is CXW.BE and CXW.DE in Frankfurt, Germany.
CCA later merged into PRISON REALTY TRUST, a Real Estate Investment Trust that is exempt from
corporate taxes if it meets certain conditions. This was a $4 Billion Transaction; companies acquire U.S.
Corrections Corporation. One important condition is that it distribute 95% of its income to shareholders, a
provision making REITs attractive to investors. Prison Realty Trust failed to meet those conditions of cash flow
problems; it posted a $62,000,000 loss for 1999 and was in default on the terms of its credit facility. Wall Street
was unimpressed at the company's earlier scheme to issue junk bonds. Investors are angry that PZN lost its
REIT status and the related dividend; they are filing class actions suits against Prison Realty Trust for false
claims on Securities and Exchange Commission documents. Specifically, they are concerned about the nondisclosure of payments by PZN to CCA. Meanwhile Prison Realty just paid a dividend on their preferred stock
(belonging to executive
In April of 2000, company audits expressed doubt about the company's solvency. Shares hit a new 52 week low
of 2.12 each, down from the 52 week high of $22.37. In his book the Perpetual Prisoner Machine [see
resources], Joel Dyer notes that outside one CCA facility, there is a placard with the words "Yesterday's closing
stock price". Imagine the legitimacy and confidence that are lost by people driving by seeing the stock price
plummet, or even seeing "Yesterday's Closing Stock Price: $2.12".
Together, CCA and its spin off Prison Realty Trust, lost $265 million: "It's a slim chance, but bankruptcy is a
possibility," says an analyst for First Union Securities. Localities that have contracts with the companies are
concerned about whether guards will get paid, and how morale or turnover will effect daily operations,
including prison security. The private prison was offered a $200,000,000 restricting plan from its current
shareholder Pacific Life Insurance Co. The Private prison's largest shareholder, Dreman Value Management,
was pleased at the offer: "We always maintained that the (prison) business was great, but this has been a
financial engineering disaster."
Shareholder lawsuits still must be settled on satisfactory terms for the deal to be finalized, but the other
requirement was met when Lehman Brothers refinanced PZN's $ 1 billion credit line. At the close of business
26 April, the price closed below $3 a share again after briefly hitting $3.50 the previous week. Prices through
the first half of may have generally been below $3 a share. On June 7, the stock hit a new low of $2.00 and talks
started on financial restructuring to remedy default on credit line. During the next week, stock rose $1 a share
on news that their $1 billion credit line is restructured and they receive a $780,000,000 federal contract.
Instrumental in pulling off this contract was former Federal Bureau of Prisons head J. Michael Quinlan, who is
now on the Board of PZN. The Federal Contract, with guaranteed 95% occupancy rate, provided financial
resources to reject a restructuring offer from Pacific Life Insurance, but a Legg-Mason stock analyst declared
PZN an UNDERPERFORM. Quinlan is now one of the top executives in the company.
Because the stock has lost 75% of its value, two of the executives are leaving, but not without a $1.3 million
severance. Of course, there's also been millions in attorney fees, class action lawsuits from shareholders about
the merger and management fees for restructuring. Share prices bottomed out at $0.18 -yes, 18 cents; that really
inspires confidence in the justice system. They instituted a 10 for 1 split, which does not change the underlying
financials of the company, but prevented them from being removed from the New York Stock Exchange.
On February 23, 2000 Pacific Life Insurance Company submitted to the board of directors of Prison Realty
Trust a shareholder based proposal to invest in and restructure Prison Realty Trust (NYSE:PZN). The
shareholder proposal would involve additional value, less dilution and potentially higher returns for existing
shareholders of Prison Realty Trust, than the agreement Prison Realty Trust currently has with Fortress
Investment Group LLC, the Blackstone Group and Bank of America. Fortress Investment Group is a global
alternative investment and asset management firm founded in 1998 with approximately $11 billion in equity
capitol. They are located at 1251 Avenue of the Americas 16th floor New York, NY 10020 1-212-798-6100.
Fortress just recently completed the acquisition of Germany's fourth largest residential housing company,
GAGFAH, from the German Federal Government's social security and pension agency,
Bundesversicherungsanstalt Fuer Angestellte (or BfA). The transaction, whi
Fortress on November 15, 2004 merged with Stelmar Shipping Ltd. Stelmar is an international provider of
petroleum products and crude oil transportation services and is Headquartered in Athens, Greece. Stelmar
operates one of the world's largest and most modern Handymax and Panamax tanker fleets with an average age
of approximately six years. Stelmar's 40 vessel fleet consists of 24 Handymax, 13 Panamax and three Aframax
tankers.
The Blackstone group is a private investment banking firm and describes itself as a leading global investment
and advisory firm. The Blackstone Group was founded in 1985 by a group of four, including Peter G. Peterson
and Stephen A. Schwarzman.
The Blackstone Group has ties to American International Group Inc. (AIG) and Kissinger Associates,
Inc./Henry Kissinger. According to the Blackstone website, AIG acquired a 7 % non-voting interest in the
company in 1998 for $150 million" and committed to invest $1.2 billion in future Blackstone sponsored funds."
Blackstone has developed strategic alliances with some of the largest and most sophisticated international
financial institutions. In addition to AIG, they include Kissinger Associates, Roland Berger Partner, GmbH, and
Scandinaviska Enskilda Banken," the website states [1] (http://www.blackstone.com/company/bst_group.html).
The company's Blackstone Alternative Asset Management unit handles $1 billion in hedge funds for pension
giant CalPERS.
John Kerry Forbes 2004 campaign 'advisor' Roger C. Altman was Vice Chairman of the Blackstone Group from
1987 through 1992 "where he led the firm's merger advisory business."
In December 2001, the Blackstone Group was appointed as Enron's principal financial advisor with regard to
financial restructuring.
The Blackstone Group is also handling the restructuring of Global Crossing. The Blackstone Group is located at
345 Park Avenue New York, NY 10154 USA Phone; +1 212 583 5000 Fax: +1 212 583 5712. London location
is the Blackstone Group International Limited, Stirling Square, 5-7 Carlton Gardens, 4th Floor London, SW1Y
5AD U.K. Phone: +44 20 7451 4000 Fax: +44 20 7451 4038.
In October 2004, Kissinger Associates and APCO Worldwide announced that they had formed "a strategic
alliance". APCO Worldwide is located at 1615 L St. N.W., # 900, Washington, D.C. phone # 1-202-778-1000.
APCO worldwide was started by Margery Kraus in 1984 and she is active on the board of Group Menatep
(chair, Advisory Board), the largest Russian holding company; Teuza Fund, a Fairchild technology venture
(Israel). Group MENATEP is an international diversified holding company and long-term Russian strategic and
portfolio investor in international financial and capital markets.
Kissinger Associates is located at 350 Park Avenue, New York. Other groups associated with Kissinger are
Kissinger McLarty Associates, Military-industrial complex and oil industry. Henry Kissinger's real name is
Henry Stern, who started and trained the terrorist group the Stern Gang in Israel, which is now called the
Mossad. He trains global terrorist groups for the FBI, CIA, and the military, which are the groups running OUR
government at every facet of its existence.
Pacific Life, a long term investor, beneficially owns approximately 4.5 million shares of Prison Realty Trust.
The shareholder proposal by Pacific Life provides for additional value in the form of Series C Preferred Stock
(approximately $2.20 per share) to be distributed to existing shareholders, and potentially higher future returns,
along with generating between $45 to $123 million in additional cash flow to Prison Realty Trust. Pacific Life
was founded in 1868 and provides life and health insurance products, individual annuities and group employee
benefits, and offers to individuals, businesses and pension plans a variety of investment products and services.
The pacific life family of companies manages $300 billion in assets, making it one of the largest financial
institutions in America, and currently counts 65 of the 100 largest U.S. companies as clients. Pacific Life
Insurance Company is a member of the fortune 500 group.
The Prison Realty Trust [PZN], which is a real estate investment trust [REIT] and is the world's largest private
sector owner and developer. A REIT is a company that buys, develops, manages and sells real estate assets,
REIT's allows participants to invest in a professionally managed portfolio of real estate properties, REIT's
qualify as pass through entities, companies who are able distribute the majority of income cash flows to
investors without taxation at the corporate level (providing that certain conditions are met). As pass through
entities, whose main function is to pass profits on to investors, a REIT's business activities are generally
restricted to generation of property rental income. Another major advantage of REIT investment is its liquidity
(ease of liquidation of assets into cash), as compared to traditional private real estate ownership which are not
very easy to liquidate. One reason for the liquid nature of REIT investments is that its shares are primarily trad
The origins of the real estate investment trust, or REIT (pronounced "reet") date back to the 1880s. At that time,
investors could avoid double taxation because trusts were not taxed at the corporate level if income was
distributed to beneficiaries. This tax advantage, however, was reversed in the 1930s, and all passive investments
were taxed first at the corporate level and later taxed as a part of individual incomes. Unlike stock and bond
investment companies, REIT's were unable to secure legislation to overturn the 1930 decision until 30 years
later. Following WWII, the demand for real estate funds skyrocketed and President Eisenhower signed the 1960
real estate investment trust tax provision which reestablished the special tax considerations qualifying REIT's as
pass through entities (thus eliminating the double taxation). This law has remained relatively intact with minor
improvements since its inception.
REIT investment increased throughout the 1980s with the elimination of certain real estate tax shelters.
Investments in real estate provided investors with income and appreciation. The Tax Reform Act of 1986
allowed REIT's to manage their properties directly, and in 1993 REIT investment barriers to pension funds were
eliminated. This trend of reforms continued to increase the interest in and value of REIT investment.
Today, there are over 300 publicly traded REIT's operating in the United States their assets total over $300
billion. Approximately two-thirds of these trade on the national stock exchanges.
REIT's fall into three broad categories:
Equity REIT's: (96.1%)
Equity REITS invest and own properties (thus responsible for the equity or value of their real estate assets).
Their revenues come principally from their property rents.
Mortgage REITs: (1.6%)
Mortgage REITs deal in investment and ownership of property mortgages. These REITs loan money for
mortgages to owners of real estate, or invest in (purchase) existing mortgages or mortgage backed securities.
Their revenues are generated primarily by the interest that they earn on the mortgage loans.
Hybrid REITs: (2.3%)
Hybrid REITs combine the investment strategies of Equity REITs and Mortgage REITs by investing in both
properties and mortgages.
Individual REITs are able to distinguish themselves by specialization. REITs may focus their investments
geographically (by region, state, or metropolitan area), or in property types (such as retail properties, industrial
facilities, office buildings, apartments or healthcare facilities). Certain REITs choose a broader focus, investing
in a variety of types of property and mortgage assets across a wider spectrum of locations.
The current REIT industry's investment choices can be broken down by property:
Retail 20%
Residential 21.0%
Industrial/Office 33.1%
Specialty 2.3 %
Health Care 3.8%
Self Storage 3.6%
Diversified 8.5%
Mortgage Backed 1.5%
Lodging/Resort 6.1%
Federal Prison Industries, also known by its trade name UNICOR, founded in 1934, is operated by the
Department of Justice (DOJ) and is a wholly owned government corporation which employs 25 percent of the
Federal Bureau of Prisons' sentenced inmate population. Unicor is a supplier to the military during the current
war in Iraq.
The government has also created the Prison Industrial Complex, which is composed of the following Agencies:
Biometric Consortium
border Research and Technology Center (BRTC)
Bureau of Alcohol, Tobacco, and Firearms (BATF)
Corrections Program Office (CPO)
Counter drug Technology Assessment Center (CTAC)
Drug Enforcement Administration (DEA)
Federal Bureau of Prisons (FBP)
Federal Prison Industries (operated by DOJ); also known as UNICOR
Immigration and Naturalization Service
National Institute of Corrections (NIC)
National Institute of Justice (NIJ)
National Law Enforcement and Corrections Technology Center (NLECTC)
National Technical Information Service (NTIS)
Office of Correctional Education (OVAE)
Office of Drug Control Policy (ODCP)
Office of Law Enforcement Standards (OLES)
Office of Law Enforcement Technology Commercialization (OLETC)
Office of National Drug Control Policy (ONDCP)
Office of Science and Technology (OST)
Space and Naval Warfare Systems Center, San Diego (Navy SSC San Diego)
Southwest border High Intensity Drug Trafficking Area (HIDTA)
UNICOR
U.S. Customs Service
U.S. Department of Defense (DOD) / Biometric Management Office (BMO)
U.S. Department of Homeland Security / border and Transportation Security Directorate (BTS)
U.S. Department of Justice (DOJ)
U.S. Parole Commission
Non-Governmental Entities
Alternative Monitoring Services
American Correctional Association
American Legislative Exchange Council (ALEC)
"Bed brokers"
BI Inc. (Biometric Systems)
The [Biometric Foundation]
Bobby Ross Group
Capital Correction Resources
Cornell Corrections
correctionalnews.com
corrections.com
Corrections Corporation of America (CCA)
Corrections yellow Pages
Dominion Management
Surveillance-industrial complex
Population control
Prison labor
Sustainable development
Timeline to global governance
External links
Wikipedia: carceral state
Wikipedia: retribution justice
Wikipedia: prison-industrial complex
Disinfopedia is an encyclopedia of people, issues and groups shaping the public agenda. It is a project of the
Center for Media Democracy; email bob AT Disinfopedia.
American Legislative Exchange Council is owned by Paul Weyrich of the Free Congress Foundation and
receives financial support from all of your major corporations. They are the moving force and promoter of the
National Council of State Legislatures who privatize criminal statutes for financial gain and profit. They are
promoting public policy in regard to prize and capture law under the War Powers Acts. The Reason Foundation
is run by David Nott, the president and is a think tank promoting privatization of penal institutions for financial
gain they are located at 3415 S. Sepulveda Blvd. Suite 400 Los Angeles California 90034 1-310-391-2245. The
Wackenhut Corporation is a U.S. based division of Group 4 Falck A/S, the world's second largest provider of
Security Services and is based in Copenhagen, Denmark and is the premier U.S. provider of contract services to
the business, commercial, and government markets. The types and techniques of Privatization are:
1. Contracting Out [also called Outsourcing]
2. Management Contracts
3. Public-Private Competition [also called managed competition or market testing]
4. Franchise
5. Internal Markets
6. Vouchers
7. Commercialization [also referred to as service shedding]
either underwritten debt issues or domiciled equities outside the United States and Canada, the financial
instruments will be identified by a CINS [CUSIP International Numbering System] number. The CINS number
was developed in 1988 by Standard Poor's and Telekurs [USA] in response to the North American Securities
industries need for 9 character identifier for International Financial Instruments. CINS numbers appear in the
International Securities Identification Directory [ISID Plus Services] which is co-produce[Ed. Note: error in
original.]
To show how massive this system is ISID plus contains over 500,000 global financial instruments and cross
references all major national numbering systems... ISID Plus has been designed to minimize the impact on
back-office systems and operations, while facilitating cross-border communications among global custodians,
depositories, banks, securities organizations, and exchanges. CINS numbers employ the same issuer [6
characters] Issue [2 characters check digit] concept espoused by the CUSIP Numbering System. The first
position of a CINS code is always represented by an alpha character, signifying the Issuer's country code
[domicile] or Geographic region. The National Association of Insurance Commissioners [NAIC] in October
1988 mandated the use by issuers of a uniform private placement number [PPN] to identify investments in their
annual statements filed with the State Regulatory Authorities. Standard Poor's CUSIP Service was selected by
the NAIC to create, assign, and administ
I have the Articles of Incorporation of THE ASSOCIATION of NATIONAL NUMBERING AGENCIES or
[ANNA SC]. The registered office is located and established at 6, avenue de Schiphol-1140 Brussels - Belgium.
The object of ANNA is to maintain and promote the standards of International Standard ISO 6166, as amended
from time to time [hereafter "the Standard"]. I bet that this standard # 6166 is the number of a man and His
number is 666 and is talked about in Revelations 13; 18 and whose purpose under Article 3 is to carry out any
commercial, financial, or civil transactions directly or indirectly related to the objects of ANNA. Under Article
5 ANNA has unlimited Capital through BIS [Bank for International Settlements], CCA, ALEC,
WACKENHUT, CORNELL CORRECTIONS, REASON FOUNDATION, DILLION READ VENTURE
CAPITOL, SG WARBURG, UBS WARBURG, WARBURG DILLON READ and the PAINE WEBBER
GROUP. Under Article 29 ANNA has a list of all public finds, shares, stocks, bonds, and other securities
composin
The Bank for International Settlements is at the apex of all of the world's central banks, since they control and
dictate monetary policy worldwide. In the late 1990's they set up a new structure called the Financial Stability
Forum. Which brought together the G 7 Central Bank ministers, G 7 Finance Ministers, their respective
Securities and Exchange Commissions, the Comptroller of the Currency and FDIC, along with the IMF and
World Bank. This represents a further integration of the economies, policies and movement of monies and
investments. Furthermore, in addition to the Central Banks, there is the Group of Eight which is comprised of
the heads of state from the United States, Canada, Germany, Japan, Italy, France, Great Britain, and Russia.
They have been meeting since 1975 when there were only five countries. Russia is the most recent country to
join. They participate fully in every area with the exception of finance where they only participate in financial
terrorism. For
Also contributing to the new financial architecture is the rise of multi-national and transnational corporations,
mergers and acquisitions, country privatization of its assets such as railroads, agriculture, banks, airlines,
telephone companies, etc. Furthermore, the rise of public-private partnerships which is a merger between
government and business, also known as fascism, has contributed to a changed financial landscape. In addition,
there is the move towards a global stock exchange, the establishment of a World's Customs Organization and
"open skies" between countries.
Why is privatizing prisons so appealing to federal, state, and local governments? As the Nation put it: "The
selling point was simple: Private companies could build and run prisons cheaper that the governments.
Unfettered American Capitalism would produce a better fetter, saving cash-strapped states millions of dollars
each year" while simultaneously generating huge profits. The Nation explains how this miracle would be
accomplished. "Private prisons receive a guaranteed [per diem] fee for each prisoner, regardless of the actual
costs. Each dime they don't spend on food or medical care [for prisoners] or on wages and training for the
guards is a dime they can pocket." Most guards in public prisons belong to the LEOU, which is part of the
American Federation of State, County, and Municipal Employees AFSCME. I have a pointed question for you,
why aren't we as principals on the Private side of the accounting cycle using our Exemption Priority to
discharge all this Public Debt
By legal definition, all of your Federal and State "Statutes" are Bonds or Obligations of Record and are
represented in the courtroom by the Recognizance Bond, which is a Bond of Record or Obligation for the
payment of debt.
A condensed version of what is going on is that the CCA as a corporation, creates or issues stock certificates
based on prison population, goods or chattel as they are called in commercial law. The underwriter is the one
who buys the stock from the Issuer the CCA with intent to resell it to the public or an entity or person, which is
usually an investment banker. The investment banker purchases all or part of the shares of the stock for resale to
the public in the form of newly issued investment securities based on the shares of the stock. Brokerage Houses
and Insurance Companies Bid on the Investment Securities with a Bid Bond issued by the GSA. The Bid Bond
is then indemnified by a surety company through Performance and Payment Bonds. The Bid, Performance, and
Payment Bonds are then underwritten by the Banks as Investment Securities for resale to the public. The
Institutional Holders who own most of the Shares are:
1. FMR [Fidelity Management Research Corporation 3, 084,024 shares at a value of $109,791,254 dollars.
2. Legg Mason Inc. 1,235,563 shares valued at $43,986,042 dollars.
3. Barclays Bank Pic 1, 041,671 shares valued at $37,083,487.
There are seventeen more corporations owning various amounts of shares at varying dollar values. These can be
viewed by going to http://finance.yahoo.com/q/mh?s=CXW.
The Top Insider Rule 144 Holders are:
1. Russell, Joseph V. / 64,450 shares as of 2-May-03
2. Ferguson, John D. / 40,340 shares as of 2-May-03
3. Quinlan, J. Michael / 28,575 shares as of 10-Sep-02
must operate which provide for a minimum 'solvency margin', generally expressed as a ratio of net premium
income over capital and free reserves. P.T. O'Neill J.W. Woloniecki, the Law of Reinsurance in England and
Bermuda 4 [1998].
All of the performance and payment bonds are regulated and controlled by FAR [Federal Acquisition
Regulations] which is under [48 CFR] 28.202-1 and 53.228(h). These bonds are being used in cases where it is
desired to cover the excess of a Direct Writing Company's underwriting limitation by reinsurance instead of coinsurers on Miller act performance bonds running to the United States. These FAR regulations come in two
volumes, volume 1 is approximately 1,326 pages volume 2 is 823 pages long. These should be consulted and
read before these bonds are used.
The Miller Act is found in Title 40 U.S.C.A. sections 270 a - 270d-1 and is federal law requiring the posting of
performance and payment bonds before an award is made for a contract for construction, alteration, or repair of
a public work or building. The surety company issuing these bonds must be listed as a qualified surety on the
Treasury List, which the U.S. Department of the Treasury issues each year.
I believe that the prisons are repository institutions or facilities for securities [prisoners] as collateral for the
public and national debt. The prisoners represent asset or repository money for the Bid, Performance and
Payment Bonds. The prisons are referred to as credit facilities, institutions or repositories. They function
essentially the same way that a Depository Bank does under 17 CFR section 450. The Prisons are acting in the
capacity of a fiduciary or custodian over Government Securities or otherwise for the account of a customer, and
that are not government securities brokers or dealers, as defined in sections 3 (a)(44) of the Securities Exchange
Act of 1934 (15U.S.C. 78 c (a) (43)-(44). The regulations in subchapter B are promulgated by the Assistant
Secretary (Domestic Finance) pursuant to a delegation of Authority from the Secretary of The Treasury. The
office responsible for the regulations is the Office of the Commissioner, Bureau of the Public Debt.
Sureties and Surety Bonds are covered in Title 31 sections 9301-9309. The Bid, Performance, and Payment
Bonds fall in the category of surety bonds under these provisions. Under section 9303 Government Obligations
may be substituted for Surety Bonds. Government Obligations are defined as public debt obligations of the
United States Government and an obligation whose principal and interest is unconditionally guaranteed by the
Government.
The bid, performance and payment bonds in addition to being sold on the commodities and securities exchange
as pooled mortgaged backed securities and cleared for settlement through the FICC [Fixed Income Clearing
Corporation], who is the holder until the Bonds are sold, are also being pledged as collateral for funds and a line
of credit at the discount window or the open-market trading desk of Freddie Mac, Fannie Mae, Sally Mae,
Ginnie Mae, or your local Federal Reserve Bank. All discount Window advances must be secured by collateral
acceptable to the Reserve Bank. The following types of assets are most commonly pledged to secure discount
window advances.
1. Obligations of the United States Treasury
2. Obligations of U.S. government agencies and government sponsored enterprises
3. Obligations of states or political subdivisions of the U.S.
the Department of the Treasury whose telephone # is 1-202-463-0600. His address is 1101 Connecticut Avenue,
N.W. Suite 800, Washington, D.C. 20036.
I went through circular 570 of the Department of Treasury and called several of the admitted reinsurance
companies through their underwriting department and found out they knew absolutely nothing about
reinsurance relative to bid, performance and payment bonds. This fact leads me to believe that in addition to
being a Repository Bank with prisoners being the assets, collateral, or securities for the bid, performance and
payment bonds, the prisoners are the actual reinsurance or surety and their sentence represents the valued and
marketable risk involved with the materials, supplies and cost factors involved with the guaranteed
performance, and payment relative to the bonds. This is termed assumed risk in insurance and represents a
present peril, hazard, or danger of loss, due to their dishonor and default judgment in court. That is why there is
a penal sum or clause attached to each bond for non performance and payment of the bonds.
Since everybody on the public or debt side is bankrupt or insolvent how can they assume a liability or risk?
They can't that is why they have to look to the exempt priority private asset side of the accounting ledger to
assume reinsurance or risk. You can't pay a debt or assume a risk with a debt instrument. This can only be done
with Asset Collateral through goods [prisoners] under mercantile civil and commercial law.
When a corporation wants to build or perform construction, he receives bids from a contractor, if the contractor
is awarded the bid, the corporation who is the owner and obligee, then requires that the contractor submit a bid
bond, the contractor then becomes the principal obligor. He is then required to get a reinsurance company to act
as surety on the bid bond, and then a performance bond is issued to guarantee cost of material and supplies. The
reinsurance company who is acting as surety for the bid bond also acts as the underwriter through a payment
bond. The bid bond is a three party obligation with the obligee as the owner of the bid, performance and
payment bonds.
The Surety Association of America is a voluntary, nonprofit, unincorporated association of companies engaged
in the business of suretyship. SAA represents more than 500 companies that collectively underwrite the vast
majority surety and fidelity bonds in the United States, as well as a number of foreign affiliates. SAA is licensed
as a rating or advisory organization and has been designated as a statistical agent by all the states except Texas
for the reporting of fidelity and surety experience. The National Association of Surety Bond Producers is the
international organization of professional surety bond producers and brokers. NASBP represents more than
5,000 personnel who specialize in surety bonding; provide performance and payment bonds for the construction
industry; and issue other types of surety bonds, such as license and permit bonds, for guaranteeing performance.
NASBP's mission is to strengthen professionalism, expertise, and innovation in surety and to advocate its use
Priorities and Allocations System] see 15CFR 700 this is under the National Security Industrial Base
Regulations. This is all under the Executive Branch under the President and Military.
11. CONDUIT BORROWER = A borrower of bond proceeds in a conduit financing. See: CONDUIT
FINANCING; OBLIGOR.
12. CONDUIT FINANCING = The issuance of municipal securities by a governmental unit (referred to as the
"conduit issuer" to finance a project to be used primarily by a third party, usually a for-profit entity engaged in
private enterprise or a 501 (c) (3) organization (referred to as the "conduit borrower"). The security for this type
of issue is customarily the credit of the conduit borrower or pledged revenues from the project financed, rather
than the credit of the conduit issuer. Such securities do not constitute general obligations of the conduit issuer
because the conduit borrower is liable for generating the pledged revenues. Industrial development bonds,
multifamily housing revenue bonds and qualified 501 (c) (3) bonds are common type's of conduit financings.
See: HOUSING REVENUE BOND- Multi-family housing revenue bonds; INDUSTRIAL DEVELOPMENT;
PRIVATE ACTIVITY BOND.
13. AWARD = The official acceptance by the issuer of a bid or offer to purchase a new issue of municipal
securities by an underwriter. The date of the award is generally considered the "sale date" of an issue. See: BID;
BOND PURCHASE AGREEMENT; WRITTEN AWARD. Compare: VERBAL AWARD.
14. BENEFICIAL OWNER = The person to whom the benefits of ownership of given securities accrue, even
though the securities might be held by, or in the name of, another person or held in an account over which
another person has investment discretion. For example, a securities firm might hold securities in "street name"
in its vaults or at a securities depository, with the beneficial owners of the securities only designated on the
firm's records. Compare: BONDHOLDER.
15. DEPOSITORY = A registered clearing agency that provides immobilization, safekeeping and book-entry
clearance and settlement services to its participants. Compare: CLEARING CORPORATION. See:
REGISTEred CLEARING AGENCY.
16. BOOK-ENTRY ONLY (BEO) or BOOK-ENTRY SECURITY = A security that is not available to top
purchasers in physical form. Such a security may be held either as a computer entry on the records of a central
holder (as is the case with certain U.S. Government securities) or in the form of a single, global certificate.
Ownership interests of, and transfers of ownership by, investors are reflected solely by appropriate books and
record entries. Most municipal securities issued in recent years have been in book-entry only form. Compare:
CERTIFICATED SECURITY; IMMOBLIZED SECURITY. See: GLOBAL CERTIFICATE.
17. GLOBAL CERTIFICATE = A single certificate sometimes referred to as a "jumbo certificate", representing
an entire maturity of an issue of securities. Such certificates are often used in book-entry systems. The issuer
issues a global certificate that is then lodged in the facilities of a depository or other book-entry agent and kept
safely by the agent until maturity. The securities are available to beneficial owners only in book-entry form, and
no certificates can be obtained. Compare: IMMOBLIZED SECURITY. See: BOOK-ENTRY ONLY.
18. IMMOBILIZED SECURITY = A physical security that is held in a central depository for the account of its
beneficial owner but that may be withdrawn from the depository in physical form. Immobilized securities may
be transferred when sold by entries on the records of the depository or by withdrawal of actual certificates.
Compare: BOOK-ENTRY ONLY; GLOBAL CERTIFICATE.
19. 501(c)(3) ORGANIZATION = An organization recognized by the Internal Revenue Service as a not-forprofit organization. A 501 (c) (3) organization can borrow funds to finance projects on a tax-exempt basis
through a conduit issuer. Examples include not-for-profit colleges and universities, hospitals, museums and
retirement communities. See: CONDUIT BORROWER; PRIVATE ACTIVITY - Qualified 501 (c) (3) bonds.
20. MUNICIPAL SECURITIES = A general term referring to securities issued by local governmental
subdivisions such as cities, towns, villages, counties, or special districts, as well as securities issued by states
political subdivisions or agencies of states. A prime feature of these securities is that interest or other investment
earnings on them usually are excluded from gross income of the holder for federal income tax purposes. Issuers
of municipal securities are exempt from most federal securities laws. Compare: TAXABLE MUNICIPAL
SECURITY.
21. REGISTEred CLEARING AGENCY = An organization, registered with the Securities and Exchange
Commission pursuant to section 17 A of the Securities Exchange Act of 1934, that provides specialized systems
for the confirmation, comparison, clearance and settlement of securities transactions. See: NATIONAL
SECURITIES CLEARING CORPORATION.
22. NATIONAL SECURITIES CLEARING CORPORATION (NSCC) = A clearing corporation. See:
CLEARING CORPORATION; DEPOSITORY TRUST AND CLEARING CORPORATION.
23. CLEARING CORPORATION = A registered clearing agency that provides specialized comparison,
clearance and settlement services for its members. A clearing corporation typically offers services such as
automated comparison systems and transaction netting systems. Compare: DEPOSITORY. See: NATIONAL
SECURITIES CLEARING CORPORATION; REGISTEred CLEARING AGENCY.
24. DEPOSITORY TRUST AND CLEARING CORPORATION (DTCC) = The entity formed by the merger of
Depository Trust and National Securities Clearing Corporation. DTCC facilitates the clearance and settlement
of securities transactions.
25. AUTHORITY = A unit or agency of government, or a separately established not-for-profit entity formed on
behalf of a governmental entity, established to perform specialized functions. In some cases, authorities have
the power to issue debt that is secured by the lease rental payments made by a governmental unit using the
facilities constructed with bond proceeds. In other cases, authorities issue private activity bonds for the purpose
of making the proceeds available to qualified private entities for use as permitted under the federal tax laws.
Examples of such conduit authorities include health facilities authorities, Industrial development authorities and
housing finance authorities. An authority may function independently of other governmental units, or it may
depend upon other units for its creation, funding or administrative oversight. Authorities, other than conduit
authorities, usually are financed by service charges, fees or tolls, although they also may have taxing po
26. CONDUIT ISSUER = An issuer of municipal securities in a conduit financing. See: AUTHORITY;
CONDUIT FINANCING.
27. PRIVATE ACTIVITY BOND (PAB) = A municipal security the proceeds of which are used by one or
more private entities. A municipal security is considered a private security bond if it meets either of two sets of
conditions set out in section 141 of the Internal Revenue Code. A municipal security is a private activity bond
if, with certain exceptions, more than 10% of the proceeds of the issue are used for any private business use (the
"private business use text") and the payment of the principal of or interest on more than 10 % of the proceeds of
such issue is secured by or payable from property used for a private business use (the "private security or
payment test"). A municipal security also is a private activity bond if, with certain exception, the amount of
proceeds of the issue used to make loans to non-governmental borrowers exceeds the lesser of 5 % of the
proceeds or $ 5 million (the "private loan financing test"). Interest on private activity bonds is not excluded
from gr
28. Exempt facility bonds - Private activity bonds issued to finance various types of facilities owned or used by
private entities, including airports, docks, and certain other transportation-related facilities; water, sewer, and
certain other local utility facilities; solid and hazardous waste disposal facilities; certain residential rental
projects (including multifamily housing revenue bonds); and certain other types of facilities. Enterprise zone
bonds are also considered exempt facility bonds. See: ENTERPRISE ZONE BOND; HOUSING REVENUE
BOND- Multiple-family housing revenue bonds.
29. Qualified 501(c)(3) bonds = Private activity bonds issued to finance a facility owned and utilized by a 501
(c) (3) organization. Qualified 501 (c) (3) bonds are not subject to the federal alternative minimum tax.
30. Qualified mortgage bonds = Private activity bonds issued to fund mortgages to finance owner-occupied
residential property. Qualified mortgage bonds are often referred to as single family mortgage revenue bonds.
See: HOUSING REVENUE BOND - Single family mortgage revenue bonds.
31. Qualified redevelopment bonds = Private activity bonds issued to finance certain acquisition, clearance,
rehabilitation and relocation activities for redevelopment purposes by a governmental entity in designated
blighted areas. Qualified redevelopment bonds are payable from general taxes or from tax increment revenues.
See: TAX INCREMENT BOND.
32. Qualified small issue bonds = Private Activity bonds issued to finance manufacturing facilities. Qualified
small issue bonds may be issued on a tax-exempt basis in an amount up to $1 million, taking into account
certain prior issues, or an amount up to $10 million, taking into account certain capital expenditures incurred
during the three years prior and the three years following the issuance of such bonds.
33. Qualified student loan bonds = Private activity bonds issued to finance student loans for attendance at higher
education institutions.
34. Qualified veterans' mortgage bonds = Private activity bonds that are general obligations of a state issued to
fund mortgage loans to finance owner-occupied residential property for veterans. The ability of states to issue
new and refunding qualified veterans' mortgage bonds on a tax-exempt basis is limited.
to a charter etc.; thence, transferred sense, "a document furnished with a seal", e.g. a charter, a papal bull, and,
by extension, any official or formal document, "a bill, schedule, memorandum, note, paper". It was in these later
senses that bulla became in England billa, bille. Being a word of common use, bulla was probably pronounced
with u, passing into English y, i; though no direct evidence of this has been found. So the Oxford English
Dictionary. This explanation is not convincing, nor would it be even if 'bill' and 'bull' had originally conveyed
the same or similar meanings. At least up to the end of the fourteenth century the two words almost always
carried meanings that were respectively inconsistent with each other. A 'bull' was a sealed document.
Under Title 18 sections 513 (A) the term security as defined in the Electronic Fund transfer Act under 916 (c)
has been amended and moved to Title 15 section 78 (c) subsection 10, where it says that any currency, note,
draft, bill of exchange, or banker's acceptance which has a maturity at the time of issuance of not exceeding
nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited is not
included in this definition of a security.
Acceptance 4. Black's Law Dictionary Eighth Edition a negotiable instrument, especially a bill of exchange, that
has been accepted for payment.
There are three elements of an acceptance -- 1. Honor 2. Value 3. Consideration. An acceptance for honor is an
undertaking not by a party to the instrument, but by a third party, for the purpose of protecting the honor or
credit of one of the parties, by which the third party agrees to pay the debt when it becomes due if the original
Drawee does not. This type of acceptance inures to the benefit of all successors to the party for whose benefit it
is made. Also termed acceptance supra protest; acceptance for honor supra protest. [Cases: Bills and Notes key
71. C.J.S. Bills and Notes; Letters of Credit section 37]. "'Acceptance for honor supra protest' is an exception to
the rule that only the Drawee can accept a bill. A bill which has been dishonored by non-acceptance and is not
overdue may, with the consent of the holder, be accepted in this way for the honor of either the drawer or an
indorser (i.e., to prevent the bill being sent back upon the drawer or
U.C.C. 3-303 Value and Consideration
(a) An Instrument is issued or transferred for value if:
(1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been
performed;
(2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by
judicial proceeding.
(3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any
person, whether or not the claim is due;
(4) The instrument is issued or transferred in exchange for a negotiable instrument; or
(5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third
party by the person taking the instrument.
(b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an
instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a
promise of performance, the issuer has a defense to the extent performance of the promise is due and the
promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is
also issued for consideration.
The definition of "negotiable instrument" defines the scope of Article 3 since Section 3-102 states: "This Article
applies to negotiable instruments." The definition in Section 3-104 (a) incorporates other definitions in Article
3. An instrument is either a "promise," defined in Section 3-103(a) (12), or "order," defined in Section 3-103 (a)
(8). A promise is a written undertaking to pay money signed by the person undertaking to pay. An order is a
written instruction to pay money signed by the person giving the instruction. Thus the term "negotiable
instrument" is limited to a signed writing that orders or promises payment of money. Money is defined in
section 1-201(24) and is not limited to United States dollars. It also includes a medium of exchange established
by a foreign government or monetary units of account established by an intergovernmental organization or by
agreement between two or more nations. [UNICTRAL CONVENTION ON INTERNATIONAL BILLS OF
EXCHANGE OR INTERNATIO
In Clearfield Trust Co. v. United States, 318 U.S. 363 (1943), the court held that if the United States is a party
to an instrument, its rights and duties are governed by federal common law in the absence of a specific federal
statute or regulation. In United States v. Kimbell Foods, Inc., 440 U.S. 715 (1979), the court stated a three
prong test to ascertain whether the federal common law rule should follow the state rule. In most instances
courts under the Kimbell test have shown a willingness to adopt the U.C.C. rules in formulating federal
common law on the subject. In Kimbell the Court adopted the priorities rules of Article 9.
In 1989 the United Nations Commission on International Trade Law [UNICTRAL] completed a convention on
International Bills of Exchange and International Promissory Notes. If the United States becomes a party to this
convention, the convention will preempt state law with respect to international bills of exchange and notes
governed by the Convention. Thus, an international bill of exchange or promissory note that meets the
definition of instrument in section 3-104 will not be governed by Article 3 if it is governed by the Convention.
That Convention applies only to bills and notes that indicate on their face that they involve cross-border
transactions. It does not apply at all to checks. Convention Articles 1(3), 2(1), 2(2). Moreover, because it
applies only if the bill or note specifically calls for application of the Convention, Convention Article 1 there is
little chance that the Convention will apply accidentally to a transaction that the parties intended to be governed
by
U.C.C. 3-104.Negotiable Instrument.
(a) Except as provided in subsections (c) and (d), "negotiable Instrument" means an unconditional promise or
order to pay a Fixed amount of money, with or without interest or other Charges Described in the promise or
order, if it:
(1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and
(3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any
act in addition to the payment of money, but the promise or order may contain
The definitions in Regulation CC section 229.2 of the terms "checks," "cashier's check", "Teller's check", and
"Travelers check" are different from the definitions of those terms in Article 3.
Certificates of deposit are treated in former Article 3 as a separate type of instrument. In revised Article 3,
Section 3-104 (j) treats them as notes.
There are some differences between the requirements of Article 3 and the requirements included in Article 3 of
the Convention on International Bills of Exchange and International Promissory Notes. Most obviously the
Convention does not include the limitation on extraneous undertakings set forth in Section 3-104 (a)(3), and
does not permit documents payable to bearer that would be permissible under Section 3-104 (a)(1) and Section
3-109. See Convention Article 3. In most respects, however, the requirements of 3-104 and Article 3 of the
Convention are quite similar.
Bankers Acceptance: Title 12 Section 372
(a) Institutions; drafts and bills of exchange; types any member bank and any Federal or State branch or agency
of a foreign bank subject to reserve requirements under section 3105 of this title (hereinafter in this section
referred to as "institutions"), may accept drafts or bills of exchange drawn upon it having not more than six
months' sight to run, exclusive of days of grace (i) which grows out of transactions involving the importation or exportation of goods;
(ii) which grow out of transactions involving the domestic shipment of goods; or
(iii) which are secured at the time of acceptance by a warehouse receipt or other document conveying or
securing title covering readily marketable staples.
(b) Ratio limit of bills to unimpaired capital stock and surplus Except as provided in subsection (c) of this
section, no institution shall except such bills, or be obligated for a participation share in such bills, in an amount
equal at any time in the aggregate to more than 150 per centum of its paid up and unimpaired capital stock and
surplus or, in the case of a United States Branch or agency of a foreign bank, its dollar equivalent as determined
by the board under subsection (h) of this section.
(c) Authorization for special ratio limit; foreign banks The Board, under such conditions as it may prescribe,
may authorize, by regulation or order, any institution to accept such bills, in an amount not exceeding ay any
time in the aggregate 200 per centum of its paid up and unimpaired capital stock and surplus or, in the case of a
United States Branch or agency of a foreign bank, its dollar equivalent as determined by the Board under
subsection (h) of this section.
(d) Ratio limit for domestic transactions Notwithstanding subsections (b) and (c) of this section, with respect to
any institution, the aggregate acceptances, including obligations for a participation share in such acceptances,
growing out of domestic transactions shall not exceed 50 per centum of the aggregate of all acceptances,
including obligations for a participation share in such acceptances, authorized for such institution under this
section.
(e) Ratio limit for single entity; foreign banks security no institution shall accept such bills, or be obligated for a
participation share in such bills, whether in a foreign or domestic transaction, for any one person, partnership,
corporation, association or other entity in an amount equal at any time in the aggregate to more than 10 per
centum of it's paid up and unimpaired capital stock and surplus, or, in the case of a United States branch or
agency of a foreign bank, its dollar equivalent as determined by the board under subsection (h) of this section,
unless the institution is secured either by attached documents or by some other actual security growing out of
the same transaction as the acceptance.
(f) Exception for participation agreements with respect to an institution which issues an acceptance, the
limitations contained in this section shall not apply to that portion of an acceptance which is issued by such
institution and which is covered by a participation agreement sold to another institution
(g) Definitions by board in order to carry out the purposes of this section, the board may define any of the terms
used in this section, and, with respect to institutions which do not have capital or capital stock, the board shall
define an equivalent measure to which the limitations contained in this section shall apply.
(h) Dollar equivalent of foreign bank paid-up capital stock and surplus.
Any limitation or restriction in this section based on paid up and unimpaired capital stock and surplus of an
institution shall be deemed to refer, with respect to a United States branch or agency of a foreign bank, to the
dollar equivalent of the paid-up capital stock and surplus of the foreign bank, as determined by the board, and if
the foreign bank has more than United States Branch or agency, the business transacted by all such branches
and agencies shall be aggregated in determining compliance with the limitation or restriction.
Bills of Exchange have not been discontinued or done away with they are called drafts, in a recent conversation
with Walker Todd exchief and legal counsel for the Federal Reserve, he divulged to me that Reserve
requirements were waived under Title 12 section 3105. Prior to this on time deposit accounts [these are
accounts where the funds cannot be withdrawn for a fixed period of time and then only after notice] were given
an exemption as a reserve requirement and this exemption was used or tendered through a Bill of Exchange, and
was one of the instruments for loaning money. Guess what replaced the reserve requirements under time
deposits? Your exemption as the Principal on the private side. All monetized debt has to have a Principal from
which Capital and Interest circulates, this capital and interest is called accruals under GAAP. This is where the
accrual method of accounting is derived from, under this method of accounting the debits and credits have to be
in balance, thi
The Social Security # on the front of your Social Security Card is assigned to the debtor or straw man, the red
number on the back of the card is your exempt priority prepaid account number and is assigned to one of the 12
Federal Reserve Banks, designated by the letter in front of the number. There are 12 letters and 8 numbers after
the letter. These letters designate which Federal Reserve district or bank is handling your account, the 8 digit #
is your account number, all charge backs should be to this bank and not the Secretary of the Treasury, who in
reality is the Secretary of the Treasury of Puerto Rico. The office of the Secretary of The Treasury of the United
States was done away with in 1926; I have the legislative documentation of this. The International Monetary
Fund has replaced the office of the Secretary of the Treasury of the United States, which was or is being chaired
by Nicholas Brady. The letters below designate which district or bank is handling your account
Contribution. They had to insure or indemnify their losses through a maritime insurance policy, they
accomplished this through FICA [Federal Insurance Contribution Act], which is the insurance policy under
Social Security. Everybody who has a SS number is a Co-debtor or Co-surety for the loss of the gold or money
under the public policy of H.J.R. 192 and title 31 section 5118 (2) (d). The origins of indemnity a
Every State has passed or adopted the Joint-Tort-Feasors Act under the doctrine of Contribution. This is
basically all insurance, which is of admiralty maritime law. This is called general average contribution in
admiralty maritime law. DAWSON v. CONTRACTORS TRANSPORT CORP. 467 F. 2D 727 (1972). CIA
ATLANTICA PACIFICA, S.A. v. HUMBLE OIL REFINING CO. 274 F. SUPP. 884 (1967) is an excellent
case on general average contributions. Grant Gilmore the co-author of the Law of Admiralty wrote Article 9 of
the U.C.C. on secured transactions. This should tell you something. Another thing that most people are not
aware of is that everybody is a merchant at law under Article 2-104 (1), because they use commercial paper in
their every day transactions and hold themselves by occupation as having knowledge or skill peculiar to the
practices or goods involved in the transaction or to which the knowledge or skill may be attributed. This is one
of the reasons the court never tells or disclose
This is why in title 26 section 6305 says "upon receiving a certification from the Secretary of Health and
Human Services, under section 452 (b) of the Social Security Act with respect to any individual, the Secretary
shall assess and collect the amount certified by the Secretary of Health and Human Services, in the same
manner, with the same powers, and (except as provided in this section) subject to the same limitations as if such
amount were a tax imposed by subtitle C." The inference here is that the Secretary is collecting an insurance
premium as though it were a tax, why? Because there is no money everything is insurance and you can't pay a
tax with a debt instrument. We as Principals own, hold, and control both sides of the accounting ledger; the
private, debit or asset side and the public, credit or debt side.
An offender is defined or called a debtor in admiralty maritime law, read the case of CONTINENTAL
ILLINOIS NATIONAL BANK TRUST CO. v. CHICAGO, ROCK ISLAND PACIFIC RY. CO. 294 U.S. 648.
Page 668 of this case a debtor is referred to has an offender.
All of your state criminal statutes have this term in their statutes or codes. In Ohio it is in title 29 section
2951.07. "If the offender [debtor] under community control ABSCONDS or otherwise leaves the jurisdiction of
the court without permission from the probation officer, the probation agency, or the court to do so, or if the
offender [debtor] is confined in any institution for the commission of any offense, the period of community
control ceases to run until the time that the offender [debtor] is brought before the court for its further action."
An absconding debtor is defined in Black's Law Dictionary 8th edition as a "A debtor who flees from creditors
to avoid having to pay a debt. Absconding from a debt was formerly considered an act of bankruptcy." The
word Abscond means "To depart secretly or suddenly, especially to avoid arrest, prosecution, or service of
process. 2. To leave a place usually hurriedly, with another's money or property.
Under Title 26 section 163 all prepaid interest is tax deductible. When you don't use your exemption in
exchange for the debt or deficit they execute on you to eliminate the debt, in the prisons or credit facilities as
they are really called, this is called the death or debt penalty. Isn't murder a Capital Offense and isn't Capital
interest or accruals from you as the Principal? An exemption is intellectual property under international law, if
you don't use it, it becomes abandoned property and the corporations use it on a 1096 tax return as prepaid
interest to get your deduction and pass the tax on to you. A tax is nothing but a return of capital and interest
back to the principal that is why a return is called a tax return. This is what you are paying every time you make
a purchase at the retail level on a retail contract under the truth in lending. If you look at any 1099 OID [original
issue discount] or 1099 INT [interest] or 1099 PTR [patron] which are issued by banks to
All merchandise is prepaid before it leaves the factory, what merchants are collecting at the retail level is the
tax, capital, interest, accrual or revenue on you as the principal, because you have abandoned your exemption as
the Principal. They cannot execute on a contract under the common law, because there is no money that is why
they have to do an exchange using your exemption for the debt to discharge, redeem or effectuate post
settlement and closure of your account. This is why the banks never close your account after you have
withdrawn all your money.
When you are refused access to a credit card by alleged bad credit they [the bank] are making a claim on your
account by using your exemption. They are assuming ownership of your name as the principal; if they release
the account they are giving you your deduction for the prepaid account as the principal. The bottom line to all
this is that you only have what you lay claim to. Remember that rights are defined under 1-201 (34) of the UCC
as remedies.
The Jewish Passover is just an exchange of the future to the past or the past to the future. In other words your
treasury Bill is exchanged for a Treasury Bond making the Bill a future event or Futures Contract.
This comes from a Federal Reserve Report which says that 15 % of 100 = 85, 15 % of 85 = 72.25 etc. total 100,
85, and 72.25 and so on you get 666. Gold held in reserve is 15 % based on $100 deposit = 666, 20 % = 500 this
is commodities and 10 % = 1000 and Franklin Delano Roosevelt sold more Gold Contracts than the Treasury
had Gold and was the reason for the passage of the Federal Reserve Act and why they had to take gold and
silver out of circulation to cover up the fraud. This is why they passed HJR 192 [Title 31 section 5118 2 (d)]
and goes into the 33 % that provides funds for funding the public municipalities.
Mary Le-Bow. [Sancta Maria de - Arcubus]. So named from the steeple, which is raised upon pillars built arch
wise 3 BL Commentary 64.
The court was formerly held in the hall belonging to the College of Civilians, commonly called "Doctor's
Commons." It is now held in Westminster Hall. It's proper jurisdiction is only over the thirteen peculiar parishes
belonging to the Archbishop in London, but the office of the Dean of the Arches, having been for a long time
united with that of the Archbishop's principal official, The judge of the Arches, in right of such added office, it
receives and determines appeals from the sentences of all inferior Ecclesiastical Courts within the province.
Civilian = One who is called or versed in the Civil Law, a doctor, professor, or student of the Civil Law. Also a
private citizen, as distinguished from such as belong to the Army and Navy or [in England] the church.
Register = An officer authorized by law to keep a record called a "Register" or Registry" as the Register for the
Probate of Wills.
CURIA = In old European Law. A court. The palace, household, or retinue of a sovereign. A judicial tribunal or
court held in the Sovereign's palace. A court of justice The civil power, as distinguished from the Ecclesiastical.
A manor; a nobleman's house; the hall of a manor. A piece of ground attached to a house; a yard or courtyard.
Spelman. A Lord's court held his manor. The tenants who did suit and service at the lord's court. A manse,
Cowell.
In Roman Law
A division of the Roman people, said to have been made by Romulus. They were divided into three tribes, and
each tribe into ten curiae, making thirty curiae in all. Spelman. The place or building in which each curia
assembled to offer sacred rites. The place of meeting of the Roman senate; the senate house. The senate house
of a province; the place where the decuriones assembled. Cod. 10, 31, 2.
DECURIO = Latin. A decurion In the provincial administration of the Roman Empire, the decurions were the
chief men or official personages of the large towns. Taken as a body, the decurions of a city were charged with
the entire control and administration of its internal affairs; having powers both magisterial and legislative. See 1
Spence, Eq. Jur. 54.
Some of the courts were called admiralty, others were called consular courts. The judges were called consuls
and the code which they operated by was called the consulate of the sea. These consuls were civil judges. The
district courts today possess the authority and jurisdiction of the High Court of Admiralty. The Lords
commissioners of the Admiralty, who possess the same jurisdiction as the Lord High Admiral. The Lord High
Admiral grants the office of Registrar of the Admiralty for life. In this country the clerks of the District Courts
of the United States are appointed by the Courts respectfully in which they Act, and hold their offices at will.
The term Registrar is almost synonymous with Register does this ring a bell. The Civil Law distinguishes
between a Letter and a Warrant of Attorney. The former is called a procuration, proxy, procuracy, or
procuratory with the Proxy or Procuratory ad lites, in Ecclesiastical causes. This is the same manner in which
papers are filed and aut
Bonds were referred to as Fidejussory Security. Fidejussores were the guarantors for payment of the Defendant
[Debtor] debts. A defendant needs at least two Fidejussores, who should be bound to the plaintiff, in the sum for
which the action was instituted. A Letter Rogatory were called a patent writ [open writ one not sealed or closed]
close writ [a royal writ sealed because the contents were not deemed appropriate for public inspection.
The Plaintiff is also obliged to find Fidejussores to these effects, viz. for the prosecution of the suit; for the
payment of the defendant's costs if the plaintiff fail in his cause, and for the production of the plaintiff
personally as often as he may be called. As all civil and maritime cause is summary, the mode of proceeding
and the final sentencing are the same as in Ecclesiastical cases.
The commercial Courts or Tribunals on the continent of Europe were formerly called Consuls. In France,
Judges and Consuls; In Spain Priors and Consuls; In Italy, Maritime Consuls. Hence the most ancient work,
which is extant, on maritime and commercial law is called, the Consulate of the sea. Commercial agents who
are sent from one country to another are called Consuls, because they formerly had a consular jurisdiction, or
cognizance of all commercial and maritime causes between subjects of their own nations. To these commercial
and maritime Courts, therefore, commissions sub mutuoe or letters rogatory were, in our authour's time, usually
directed; and at this day it seems that they might with propriety be directed to the Court or Judge, of the place to
which they are sent, exercising admiralty and maritime jurisdiction.
"Before making the seizure, a full proof of the debt is to be made to the Judge according to his discretion." "If
he be declared in contumacy [contempt] Scacc. n. 5. the judges of our day, according to custom, decree a
sequestration [removal of property from debtor] at the instance of the creditor alone, without the existence of
any suspicion. Scacc. n. 11. If nothing is proved to the Judge and nothing is sworn by the creditor, the
attachment is granted upon the simple assertion of the creditor.
Default mentioned above, "commonly signifies an offence in omitting that which we ought to do, yet here it is
taken as a non appearance in Court at a day assigned" If you don't make an appearance and pay the debt, you are
in "contumacy [contempt] and in pain of their contumacy[contempt] be decreed to have incurred the first
default." A loan is a maritime contract, a juratory caution in maritime law is a court's permission for an indigent
to disregard filing fees an court costs A suit upon juratory caution is the equivalent of a suit in forma pauperis.
The right was first recognized in United States admiralty courts in Bradford v. Bradford, 3 F. Case 1129 (1878).
Four defaults are to be pronounced against the defendant, if he does not appear within the term assigned to him
by the Judge, before the Judge shall decree the plaintiff to be put in possession of the goods of the defendant,
which is contrary to the ancient usage of the Court of Admiralty.
" It often happens, and especially in time of war or commotion, that your goods or vessel are taken by enemies
or pirates, and afterwards brought to this kingdom; or are possessed or detained by others in some other manner;
or the factor or agent of your correspondents in parts beyond seas, may consign certain goods to your use or
benefit, and they are detained unjustly possessed by some person. In such cases you may obtain a Warrant to
arrest the goods after this matter as your proper goods: and also a citation as well against those in particular thus
occupying or detaining, as against all others in general, who have or pretend to have any interest in them, to
answer you in a certain cause of a civil and maritime nature. Which Warrant being executed and returned as
above, in Tit. 33, if no one appears, the proceedings are to be in all things as above, Tit 31, and after the fourth
default, the goods are to be adjudged to you; not for a debt as in the former
The purpose of attachment of debtor's goods was to compel an appearance to obtain quasi in personam
jurisdiction over the Res. The fact is that until the 44th year of Elizabeth, the prize jurisdiction was not vested in
the High Court of Admiralty, but in a board of Commissioners, called "The Commissioners for causes of
depredations [plundering or pillaging]." At the time this work was authored the Admiralty Court was merely a
Civil Court of Instance. There were arguments brought on various grounds such as infra praesidia [within the
defenses] this is the international doctrine that someone who captures goods will be considered the owner of the
goods if they are brought completely within the Captor's power. This term is a corruption of the Roman-law
term intra praesidia, which referred to goods or persons taken by an enemy during war. Under the principle of
postliminium, the captured person's rights or goods were restored too prewar status when the captured
The oath to hold bail was an oath of calumny [oath to support plaintiff or defendant's good faith and belief that
there was a bone fide claim].
Instruments are for the most part two-fold either publick or private