Howard Griswold Conference Call — Thursday, February 17, 2018
Partial
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page 8 (A 2nd )
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Start
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{ 01:35:57.619}
[Howard]
The change that has been recently recognized in judges related
to foreclosure actions is absolutely amazing. The judges are actually
taking a real look at what these lawyer scum are bringing into court
and claiming is a foreclosure action. They can’t prove, first of
all, that they actually represent the bank because they don’t. the
bank has discharged the debts and put them into a pile of uncollected
debts and the lawyers pick them up. Whether they pay for them or
not depends upon the particular bank and how it does it. Some of
them just put it out there for the taking. Any lawyer idiot firm
can pick it up and try to collect the debt but the bank didn’t hire
them to do it. So they’re not really the bank’s lawyer. They make
believe they are. They make it appear that way in the way they phrase
the pleadings but the fact is they’re just trying to collect the
money and sell the house out from under you that nothing’s remaining
to be owed on because there’s no true loan made in any mortgage
action. It’s a long story about how it’s done. I’m not going to
take time to go into it tonight. The evidence has been laid in front
of these judges and it has awakened them. Now, I’m not going to
tell you that every judge in the country has awakened and is paying
attention to it because every judge isn’t but it’s amazing how many
judges are—quite a few—and some of them who have made mistakes in
the past are beginning to start correcting some of their mistakes
that they’ve made. This mortgage foreclosure scam that’s been going
on is going to come to an abrupt end before much longer. But anyway,
let me get back to what we generally talk about. If you want to know about mortgages you should tune into
Mickey Paoletta’s call on Tuesday night and you should join Citizen’s
Reform Center—look it up on the internet. Get in
touch with them and join up and you can get on the Tuesday night
calls and learn a lot about debt collection in general and judges.
Anyway, that’s very important at this time in history but it’s not
our bailiwick, it’s Mickey’s and Mickey is a lot better at it than
we area. He’s really done some heavy research and really can guide
you in the right direction with his information. Get in touch with
Citizen’s Reform Center. It’s on the internet.
I think it’s www.citizensreformcenter.com.
Anyway, let’s get onto what we’ve been working on. We’ve been
working on corruption in government for years and it’s full of it.
We’ve exposed a lot of things over the years but we never knew what
to do about it. We learned of a few things but didn’t know how to
follow those things through over some of the years. Pieces are starting
to come together and something is happening because the United States
Attorney’s office in concert with the FBI has announced that they’re
going to start prosecuting on reports made to the FBI of public
corruption. Now, here’s what one assistant US attorney had
to say. And I’m going to tell you something, I don’t trust this
guy as far as I can throw him so I’m not going to even say his name
but I know who he is and he’s not to be trusted. But anyway, he
says, ‘the essence of public corruption is that public officials
deprive people in the community of their honest efforts to represent
them. That’s a theft of honest services.’ Then he goes on and gives
some definitions. The definitions actually come out of Black's Law
Dictionary. He lines them up here. Auberrima fides, perfect good
faith. That means abundant good faith. This phrase is used to express
that a contract. Now, any registration of property is, in fact,
a contract for them to hold your property in trust. As a matter
of fact, any kind of a trust is created in the first place by a
written agreement which is generally referred to as a contract.
Anyway, this phrase is used to express that a contract must be made
in perfect good faith, concealing nothing as in the case of insurance.
The insured must observe the most perfect good faith towards the
insurer. Yeah, the insurer doesn’t always observe good faith toward
the insured, do they? Anyway, Black´s Law Dictionary defines
fiduciary as the term
is derived from Roman Law it means as a noun
a person holding the character
of a trustee or a character analogous, meaning
the same as, to that of
a trustee in respect to the trust and confidence involved in it
and the scrupulous good faith and candor which it requires.
Thus, a person is a fiduciary
who is vested with rights and powers to be exercised for the benefit
of another person. Are we talking about government? I think so. The whole purpose of government as it is a public
trust is that all people in government are persons in a fiduciary
position who are vested with the rights and powers to be exercised
for the benefit of us, the American people. It said other person
there, another person. Another person is us, the American people.
Anyway, as an adjective, it means the nature of a trust having the
characteristic of a trust and again, similar to or identical to,
as analogous to a trust relating to or founded upon trust or confidence.
So, fiduciary is basically the same thing as trust and a trustee
is basically the same thing as a person in a fiduciary position.
We finally found something out.
We’ve been looking for how
to file a complaint for breach of trust and the way you do it is
to identify the trust they breached as a breach of trust and then
proceed under a form that has been commonly used in legal practice
for breach of fiduciary duty and it’s turned out to be that simple.
Anyway, I think now we can go after some of these people for breach
of trust and fiduciary duty. Based on the forms that we already
have to do this with it’ll just be a matter of incorporating them
into public corruption. Public corruption goes a lot deeper than
the little bit that any of these attorneys are going to look into
because they’re a big part of the public corruption themselves.
So the only thing they’re going to look into is something where
some public official took a bribe or something like that. Anyway,
the next definition is fiduciary capacity. One is said to act in
a fiduciary capacity or receive money or contract a debt in a fiduciary
capacity. In a fiduciary capacity when the business which he transacts
or the money or property which he handles is not his own or for
his own benefit but for the benefit of another person. Boy, does
that fit registration by us stupid Americans who have been told
by scum bag lawyers that we have to register everything we got or
somebody else told us that was told by a scum bag lawyer that you
have to do it like sweet little nurses who tell us we have to register
the birth certificate of our newborn children.
They’re just stupid
and they believe and listen to whatever some lawyer told the medical
profession that they have to do. They don’t know any better and
they don’t realize that they’re forcing us into giving the state
our property of our newborn children to hold in trust as fiduciaries.
Well, that wouldn’t be such a real terribly bad idea if they invested
the trust property and the documents related to the trust property
in some fashion that pays the beneficiary rather than to do it for
their own personal gain and benefit like they’re presently doing.
Well, because of what they’re presently doing they are in breach
of their trust and fiduciary obligations. This would be a great
approach. Anybody who’s presently having a nice newborn baby and
they’re forcing you to get a birth certificate this would be a perfect
time to put a suit against whoever’s doing this and the whole state
agency that’s involved behind the hospital which would be the Department
of Vital Statistics and go after every individual that’s in it including
the sweet little lady at the front desk. Because she worked there
she’s a fiduciary too. Don’t hurt her too bad, just sue here. Anyway,
this goes on to say: as to
whom he or she stands in a relation implying and necessitating great
confidence and trust on the one part and a high degree of good faith
on the other part. Boy, does that sum up the requirements of
a fiduciary, doesn’t it, except the great confidence that I put
in you because I know that I’m stupid. I trust in you because you’re
government and you’re better educated than I am in these specifics
of law and I trust that you will do the right thing and I have great
confidence in you. Boy, am I stupid. I knew I was stupid. I didn’t
realize I was that stupid, stupid enough to trust these people.
Anyway, the term is not restricted
to technical or expressed trusts. It goes beyond them and also includes
such offices or relations as those of an attorney at law, a guardian,
an executor, a broker, a director of a corporation and a public
officer. All of them would be in a fiduciary capacity which is synonymous
with a trust position, a position of trust whether the trust be
in writing, referred to as expressed or constructive in nature because
it arises by operation of law. Any one of those situations still
puts them in a position of having to act with the highest level
of honesty, integrity and good faith as
Jersey City v. Hague
quoted. Anyway, then they go on to talk about a fiduciary
contract. Now, remember that all things come to be because of an
agreement between two people. Without two people being involved
you can’t have an agreement. You can’t really agree with yourself
but one person could be a fiction and the other person could be
a real person and you could still have a contract between the fiction
and the real person. What do you think you do when you buy a General
Motors automobile? You’re contracting with a fiction to buy the
car. Anyway: A fiduciary
contract is an agreement by which a person delivers a thing to another
for him to hold it on a condition that he will restore it to the
party who gave it to him eventually. That’s a fiduciary contract.
And can you expect the government to give you back your birth certificate
if they should upon your request without any questions asked? Can
you expect the recorder of deeds to give you back the deed that
was recorded to your property? It may well have been required to
be recorded in a situation of a mortgage because the court would
not have jurisdiction to foreclose on the mortgage if there really
was a legitimate mortgage unless it was recorded because the property
would have to be resting within the jurisdiction of the court before
the court could have jurisdiction over it. That’s why a deed is
required to be recorded when there’s a mortgage on a piece of property
whether it be a warrantee deed or a deed of trust or any other form
that they use to represent a loan involved in the deed purchase.
The court wouldn’t be able to hear it if it wasn’t recorded but
once that property is paid for they no longer have reason to continue
to hold on to that deed. But go ask for it back if your property
is paid for and see what happens. They won’t give it back to you.
They’re breaching their fiduciary duty to restore it to you upon
your request leaving themselves liable to an interesting little
lawsuit.
The next thing is fiduciary relations, a relation subsisting
between two persons in regard to a business contract or piece of
property or in regard to the general business of estate of one of
them.
Now, you see how close some of this comes to what was called
the executor letter and what Dave Clarence had put together? I’m
telling you, he was on the right track. He didn’t cover it all the
way. He didn’t put it together in proper form that it can be recognized
in the court. But he’s the first one in the country that’s been
on the right track of any of this kind of stuff. There have been
many speakers with many concepts of all kinds of what I would refer
to as bull shit have been so far off base they actually missed the
whole ball park. Dave got closer with this executor letter than
anybody else has gotten. Now, we can improve the function of that
executor letter and bring it to recognizable legal terminology and
recognizable form and then from that form of removal of these executor
trustees of government, administrator trustees of government, then
we can also go after them for breach of their fiduciary duty and
breach of the trust for which they are personally liable to you
for whatever they’ve done to you. We can also go after them for
the imposition of a constructive trust and have the property returned
to you through the constructive trust and still sue them for whatever
injury they’ve done to you by keeping your property from you and
any income, profits or benefits, that have been derived from any
kind of an investment they did of your property will have to be
paid to you. I don’t know if this is any kind of way to get yourself
out of financial problems because I’m not sure if any of these people
got much to pay you with but you’ll get a little something out of
it. You can sue them for a million. If you’re lucky today you might
get $10,000 and beyond that they haven’t got much money. Everybody’s
in debt up to their ears—everybody—including the governments. But
sue them anyway. You’ll only get $10,000. If you don’t hire a lawyer
it won’t cost you much. Anyway, let’s go on with this:
Handling the estate of one of those things of such a character
that each must repose trust and confidence in the other and
must exercise a corresponding degree of fairness and good faith.
Out of such a relation the law raises the rule that neither
party may exert influence or pressure upon the other.
Do you get away with telling the government what to do? Does
the government seem to get away with telling all of us what to do?
That’s influence or pressure beyond their ability as a fiduciary
to exert influence or pressure upon us, the other. Now, it goes
on to say:
Or to take selfish advantage
of his trust or deal with the subject matter of the trust in such
a way as to benefit himself…
What’s government doing? They’re benefiting themselves, aren’t
they?
…or to prejudice the other
except in the exercise of the utmost good faith.
They’re certainly prejudicing us. One of the things Dave read
tonight was about your wealth being taken away. Well, that certainly
did prejudice us, didn’t it? It put us in a very bad position. It
says:
Except in the exercise
of the utmost of good faith and with the full knowledge and consent
of that other party.
We don’t have full knowledge with which to give consent because
they don’t tell us what they’re doing. {they
consider us to be mushrooms} They don’t tell us what their
purpose is. {although we got an idea}
Anyway:
Without the full consent
or business shrewdness or hard bargaining and attentiveness to take
advantage of forgetfulness or negligence of the other being totally
prohibited as between persons standing in such a relation to each
other. Examples of fiduciary relations are those existing between
attorney and client, guardian and heir, trustee and cestui que trust
(which means beneficiary)
landlord and tenant, etc,
etc, etc.
There’s a whole lot of landlord and tenant cases going on that
need to be sued for breach of fiduciary and trust duty especially
when lawyers are involved. Their lawyers should be sued as co-conspirator
with them. Anyway, there are statues that US attorneys could use
to bring charges against certain individuals. I
seriously doubt that they would bring a charge against the president
of the United States for his scam and artifice
to defraud the American people called the health care bill but it
should be done. That was definitely a breach of the trust to put
this stuff into that thing that they put in there to eliminate certain
people at certain times in their life in certain health conditions
to force people who don’t even want to participate in a health care
plan to participate anyway and have to pay. All these types of things
are actually a scheme or artifice to defraud the people of more
of their money and their life in some cases. And this could be brought
against the president but anyway, it’s 18 US Code, Section 1346,
definition of scheme or artifice to defraud.
For the purposes of this
chapter—that means that chapter of the United States Code, 18
US Code—the term, scheme
or artifice, to defraud includes a scheme or artifice to deprive
another of the intangible right of honest services. Honest services
law, 18 US Code, Section 1346, is a brief addendum to the federal
mail and wire fraud statutes that make it possible to prosecute
public officials for a variety of unethical and criminal activities…
Yeah, like private people getting a 1040 form in the mail. Private
people with private jobs don’t have privileges or excises granted
by the government which is the limitation on Congress to impose
the tax which Congress never went beyond. Congress didn’t impose
taxes on private people but this artifice or scheme organization
called the IRS has, in fact, forced that with the assistance of
the United States
attorneys. Anyway, they certainly are a criminal activity.
This
addendum in short reads as a scheme or artifice to deprive another
of that intangible right of an honest service.
Of
course, if you don’t know the difference between what’s honest and
what’s dishonest how are you going to do anything about this? And
as I’ve complained many times edu-ma-kation made me this stupid.
They didn’t teach us a damned thing that we ought to know anything
about—a whole lot of hogwash in school. By the time you got out
of school your head is so full of crap you can’t even think with
it anymore. That’s what put us in this position. I think the Department
of Education is the first thing that I’ll shut down when I take
over as dictator. Just elect me next election. Anyway, there are
amendments and sections related to this thing and it goes on to
say:
Allocating
receipts and disbursements to or between principal and income and
with respect to any other matter within the scope of this chapter
a fiduciary must do these kinds of things. Number one, shall administer
a trust or an estate in accordance with the terms of the trust or
the will even if there is a different provision in this chapter.
What
trust are they talking about? They don’t want to talk about the
public trust. They didn’t mention it. They’re talking here about
going after some lawyer who mishandles the estate or will of somebody
in a court. That’s the kind of things they’re going to go after
which somebody ought to. These people need to be kept honest. But
if it goes a lot deeper than this and the deeper that it goes the
more it’s up to you, the people, to do these things because you’re
not going to get a scum bag attorney who is part of the breach of
fiduciary and trust duty of this government to go against the government
in the right ways for breaching its duty towards you. Anyway, number two:
The fiduciary
may administer a trust or an estate by the exercise of a discretionary
power of administration given to the fiduciary by the terms of the
trust or the will even if the exercise of the power produces a result
that is different from the result required or permitted by this chapter.
In
other words, you can break this law and, see, this is very important,
very interesting. This law can be broken by the wording in a contract
or a trust. What does that tell you? Your contract or your trust
agreement or anything that you create or do has priority over their
bunch of ridiculous damned laws. Their laws don’t apply. What applies
is the wording of your agreement or contract to do something with
somebody else. And their constitution which is their bylaws is the
trust instrument that they must follow and when they don’t and they
force you to do something that they should not have forced you to
do then you can get them for breach of their trust and fiduciary
responsibilities. But it goes on to say:
They
shall administer a trust or an estate in accordance with this chapter
if the terms of the trust or the will do not contain a different
provision or do not give the fiduciary a discretionary power of administration.
I
don’t know any place in any state or the United States Constitution
that gave the government a discretionary power of administration.
It gave them very specific powers of administration internal to
government administration—that’s all—to administer their laws, rules
and regulations upon the private people is a breach of their trust
and fiduciary duty and they should be gone after seriously and harshly
for doing that.
A fiduciary
shall add a receipt or charge, a disbursement, to principal to the
extent that the terms of the trust or this chapter do not provide
a rule for allocating the receipt or disbursement to or between
the principal and the income. In exercising the power—this is
4(b)—in exercising the power
to adjust under RCW hyperlink. And then I guess they give it to
you, it’s a whole bunch of computer gibberish, A or E of this section
or other discretionary powers of administration regarding a matter
within the scope of this chapter whether granted by the terms of
the trust or will or this chapter a fiduciary shall administer a
trust or an estate impartially—not for his own benefit in other
words—impartially based on
what is fair and responsible to all the beneficiaries—That’s
us, the American people—except
to the extent that the terms of the trust or the will clearly manifest
an intention that the fiduciary shall or may favor one or more of
the beneficiaries.
There’s
nothing in the constitutions that create a trust that favors any
one of us more than another under the present circumstances of the
Constitution although in the very beginning there was something
that favored free black people and free white people over at that
time what was known as black slaves. That was to be ended in some
number of years. I forget what it was— 40 years after the acceptance
of the Constitution and from that time on all persons were to be
of equal stature and entitled to equal protection of the law. And
I don’t see where it’s done today. It’s definitely slanted in many
different directions but not toward protection of private people
but protection of government as opposed to private people. Anyway,
a determination in accordance with this chapter is presumed to be
fair and reasonable to all of the beneficiaries—it’s presumed to
be. Now, that means that the duty falls upon you to know when and
where it is not reasonable, when it is not honest, when it is a
taking of your private property for their benefit without just compensation
which is what most registration is about. Now, there is legitimate
registration. A government automobile should be registered. A corporate
business involved in commerce operating under a corporate privilege
to be in commerce, their vehicle should be registered. There is
a purpose for something like the DMV to exist. It is a breach of
their fiduciary duty and trust duty to force you to register your
private automobile with them, at least in the manner that it’s done
today and for the government’s gain and benefit off of it that is
done today. It might not be harmful for them to do what they advertised
it back in 1922 when they first started doing it that their purpose
was and that was to keep track of the serial numbers and description
of the car in the event that it is stolen so that they could recover
it and return it to you. That was a good purpose. That was how they
sold this scam of auto registration which was a dollar or a two
dollar fee at that time which wasn’t even worth going to court and
fighting about and then over the years they’ve evolved it into this
scam of renewals of the registration and more money paid for the
renewal and then certain restrictions and regulations put on the
car enforceable by a bunch of goons with clown suits and badges
and guns and fines imposed upon you by those goons collected by
these scum bag lawyers through these so-called traffic courts that
are there for no purpose other than to extort money from the people.
This is a racket. It is not lawful and any way, shape or form because
it is a breach of their fiduciary duty. It has nothing to do with
your right to travel. It has to do with you being a private person
and their laws not applying to you. There have been dozens of ridiculous
stupid arguments put up even by lawyers about the right to travel
and some courts have disagreed and some courts have agreed. There’s
usually a conflict of those kinds of decisions and if you look them
up you can find both conflicting different types of decisions. It’s
a worthless argument. It has nothing to do with the actual factual
situation and that is that they have no authority whatsoever over
you and your private property unless you work for the government
or have a privilege from government to do a certain type of business
or a privilege to be a corporate officer and have a corporation
and make money through it. That is the limit of their authority
to control anything inside government and outside government through
the privileges that they grant to certain people who ask for those
privileges and those privileges are restricted to what the Constitution
lays out that they have the authority to regulate, the post office,
gambling, alcohol, tobacco, firearms and securities. That’s it,
no other shenanigans is allowed to be put in there as their power
to regulate anything that you and I do and any attempt to regulate
it has been successfully done and is a definite breach of their
trust and fiduciary duty as public officials. They are corrupt as
all hell today and they shouldn’t be. Government should have kept
them in line—government didn’t. It didn’t organize agencies to keep
track of what other agencies were doing.
There have been minor attempts by presidents like Ronald
Reagan to put a little bit of a clamp on this by some of the legislation
that he got passed relating to private property which can be found
in the administrative code of the United States, Title 5, United
States Code, Section—it seems to me—Section 601 through 627 of the
Code. He laid out quite an impressive restriction on government
interfering with people’s private property and he even clarified
the fact that just inferring with the use and enjoyment of your
private property by any type of regulation, fine or fee or influencing
of the use of the private property was a taking whether they physically
took the property or not and that section has not been enforced.
Ronald Reagan tried to get it going and get it enforced when he
was in office but after he left office the next people just dropped
it which makes them just as guilty as the ones before him that allowed
these things to be initiated in the first place. By the way, the
law of trusts says that the present trustee who is still executing
the same acts as a previous trustee who caused the problem in the
first is just guilty as that original trustee even if it’s done
in ignorance. As a matter of fact, let’s get into that for a minute.
Section 86 of the Code. In
the application of the remedy of trust it is immaterial that the
trustee acted innocently because of his ignorance of the rule or
his belief that his conduct did not amount to a disloyal act. It
is unnecessary to prove
that the obtaining of one’s
property by a disloyal act damaged the beneficiary since it is sufficient
just to show the receipt by the trustee of the property acquired
by his breach of duty.
Boy, this is so simple. We don’t have to prove anything except
their own document. The certificate of title that they gave you
at the DMV to your automobile is all you need to prove that they
received it and breached their duty as a fiduciary and breached
their duty of loyalty to the public trust. How simple this can be.
I said probably thirty years ago watching a court case go on that
one of these days we’re going to figure this out and when we do
we’re going to kick ourselves for being so stupid as to not see
how simple and easy this whole thing is but, right now, watching
the way this case went it’s evident that we don’t know what’s going
on. Well, we didn’t and for years after we still didn’t because
this thing is so well hidden in artifices and schemes and frauds
that it wasn’t easy to unwind. Now, I think we’ve unwound it. Breach
of the expressed trust that established the government is the direction
to go in. The expressed trust establishes their powers, their duties
and their restrictions. If they exceed their restrictions or don’t
operate within their powers and duties or do operate within their
powers and duties but exceed those powers and duties by some move
in the direction of exceeding their restrictions then they’re guilty
of breach of the expressed trust of the Constitution which is the
document that created the government and created them as a public
trust. Not real hard, at all, to do this. What’s going to be hard
is every case that you’re involved in is a little bit different
than somebody else’s case would be and getting the wording and your
story together in the case will take some time. Other than that
the case law to back this up, a brief in support, will not take
too awful long to write. As a matter of fact, almost copying that
part that we went over from Boo 63C of
American Jurisprudence,
just what they said in there and those several cases that they cited
is a cement, almost a concrete, hardened cement, concrete evidence
of the public trust existing and all we have to do is show that
they took our property and they made us register it. And we don’t
have to go into the details that the nurse at the hospital was involved
and she told me I had to sign this birth certificate for my child.
You don’t have to go into all those details. All you got to do is
show the birth certificate. It proves they did it. Your child is
private. A little affidavit by you stating that you are not a government
employee or officer. You are private, you conduct your life in your
private capacity and this child was your private child, not a product
of government and that would clinch it. We don’t have to get long
winded or write a 300 page brief. That’s not a brief, believe it
or not. A 100 page brief is not a brief—maybe ten pages might be
a brief. An affidavit, by the way, is nothing more than, nothing
less than an affidavit and that is all that it is called. It is
not called an affidavit of truth or any other foolishness the patriot
community has come up with over the years. It damn site better be
truthful because you’re signing it under penalty of perjury and
if it wasn’t truthful you’re in trouble so it better be truthful
but it’s nothing more than an affidavit. It’s called an affidavit
and it has to state the facts. It does not get into who struck John
and a bunch of hogwash and your personal opinions of whether you
don’t like some religion or you don’t like some nationality or you
don’t like some race of people. None of that kind of stuff fits
in there. It’s not part of it, it’s irrelevant. If they’re considered
to be illegal aliens like that silly damned thing that that guy
was complaining about, if that’s his only complaint he’s got in
life he’s very incompetent.
There’s a lot worse problems in this country than a few illegal
aliens. They may be a problem I grant you but they are just a minor
problem. {how
about the economy being drained away paying for the benefits thrust
on them? It’s vast, not half
vast. It’s bigger than paying
for the wars in the Middle East.}
He should start digging into the real problems.
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