Letter to Florida Supreme Court re Pino

8/2/2019 Letter to Florida Supreme Court re Pino

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Chief Justice Charles T. CanadySupreme Court of Florida500 South Duval StreetTallahassee, FL 32399

FOR URGENT DISTRIBUTION PRIOR TO THE HEARING OF ARGUMENT BY THE

PARTIES IN THE ROMAN PINO CASE SCHEDULED FOR MAY 10, 2012.

May 8, 2012

Dear Chief Justice Canady,

We write on behalf of our Members and for the ever increasing number of US Citizens andFlorida Residents who are concerned about the unprecedented levels of corporate corruption thatare undeniably present in all three branches of Florida's government.

In the belief that you are well positioned as the Chief Justice, with extensive personalexperience of service in all three of Florida's branches of Government, to understand thedeepening concerns of the people of Florida that our state government appears to have developedcommon practices that bear no relation to those envisaged by the Founders of this Nation and

embodied in the Constitution of the United States and the Bill of Rights and further embodied inthe Constitution of the State of Florida.

We are sure that you and all the Justices who together are charged with the responsibilitiesupon Oath to uphold both Constitutions [despite the inclusion of the words "and the government"in those Oaths] have no need to be told that this Democratic Republic was created to be a Nationof Laws. The Constitution of the United States was carefully crafted during the summer-longContinental Congress of 1787 to protect the Citizens of the United States against excessivegovernments and their potential for corruption. The Founders were obviously aware that all

power corrupts and that absolute power corrupts absolutely. That is why they designed the USConstitution to be a rigid and/or inflexible instrument requiring substantial majorities in bothFederal and State Congresses before any change, however minor could be effected. Regrettablythey did not foresee that corruptive influences would gradually infiltrate and control all three

branches of government having figured out how to destroy what must have been the finestinstrument of free government ever designed, by the simple expedient of continuing tomasquerade as a Democratic Republic, while operating as an instrument of corporatism.

Essential to our freedoms and our status in the world is the preservation of our belovedDemocratic Republic and it is with great sorrow that we are witnessing its systematic destruction

by Corporate America, with the Banking Industry in the vanguard. Obviously, changes of suchmagnitude were pre-planned at least 100 years ago, following the secret meeting in Jekyll Island



of the originators of the plot to transfer the real power of the United States government to aPrivate Banking Cartel, whose very name is deliberately deceptive and could not have been

possible without the full and complicit co-operation of both Federal and State governments. Asevery Supreme Court Justice knows, the Federal Reserve is no more Federal than Federal Expressand it does not have any reserves, only vast personal assets stolen from the Citizens of thisCountry and around the world.

Thomas Jefferson, our Third President, is attributed to have said;

"I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first byinflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their

fathers conquered. The issuing power should be taken from the banks and restored to the people, towhom it properly belongs."

We submit that Jefferson's warning was clearly prophetic in nature as we the people are nowsuffering the consequences of the major and contrived deception of the American People and itsFederal Congress engineered by the demons of finance resulting in the creation of the FederalReserve in 1913.

Further evidence of that danger was apparent when Andrew Jackson, our seventh President,engaged in an extended tussle with the Bank of the United States in 1832 and beyond.

It is against that background that educated and concerned citizens started to study the facts behind the massive crimes that were pre-planned by the Banking Industry in full and sentient co-operation with those government institutions who were sworn to uphold the rights of its citizensand residents.

This letter has been written in consideration that the Supreme Court will be hearing oralevidence at 9:00 am on May 10, 2012 in connection with the Roman Pino case. Our Foundation

has no interest in Roman Pino, any law firm that may be representing him, or the facts of theRoman Pino case. Our concerns relate solely to the reason why the Supreme Court is deliberatingthis case and its modus operandi relating to the admission or otherwise of Amicus Curiae Briefs.

Again, we understand that it is unnecessary to translate the Latin to English when writing toyou, but for the benefit of others who may read and want to support this letter it means; "friend of the court." From our observations and those of other groups and individuals it is obvious that theCourt did not want to receive Amicus Curiae Briefs from persons who were experts and/or victimsof this massive crime against the people of Florida, the United States of America and the rest of the world. Indeed, the Court appears to have rejected all but those submitted by the MortgageBankers Association (MBA), the Florida Banker's Association (FBA), and the Florida Land TitleInsurance Association, whose only 'friends' are the criminal elements that put together what has

been described by Professor William Black, former Bank Regulator, lawyer, accountant,economist published author and criminologist, as, "the greatest Ponzi Scheme in the history of theworld."

We are further disquieted by the content of those briefs and in particular with the jointsubmission by the MBA and the FBA, but not limited to that document. We have also read theexcellent reply brief filed by Thomas Ice which addresses the inherent frauds behind the thousandsof deliberately forged and/or fraudulent documents that have been filed in Florida's Courts and inthe various Clerks of the Courts' Official Records. Those forgeries have been sentiently filed by



foreclosure mill law firms and are frequently executed by Florida Attorneys, pretending to holdsenior office within Plaintiff Banks, often switching their pretenses of office from Bank to Bank.

Florida Residents have suffered massive losses of their due process rights in the Circuit Courtsof this State when sitting as Courts of Equity and, in every case that has ever come to the notice of this Foundation, the Plaintiff and [usually] its purported law firm counsel has come to those

Courts with unclean hands as is so aptly described by Attorney Ice in his reply to the SupremeCourt.

As a part of its support to prevent the passage of unconstitutional Bills in Florida's Congress,this Foundation conducted an analysis of a total of 131 new foreclosure cases in the 20th JudicialCircuit in Lee County, Florida, on the randomly selected February 1, 2010. The analysis revealedthat 96% of the documents filed in support of the Complaints on that day were in conflict with theallegations contained in the Complaint and therefore the Sham Plaintiffs in those cases lacked anyStanding to foreclose as a matter of law. The Court lacked subject matter jurisdiction in eachcase, yet the majority of those cases were determined by Summary Final Judgments ordered bynon-elected Senior Judges, some of whom could not provide valid, current Oaths of office. The

properties were then unlawfully seized from their lawful owners and transferred to Plaintiffswithout Standing, complete with defective titles.

None of those Circuit Courts record [alternatively do not make available] any of court proceedings during the adjudication of foreclosure cases, despite having the most sophisticatedrecording equipment installed in those Courts in open violation of Florida's Sunshine Laws,leaving savvy litigants or those few defense attorneys who litigate foreclosures, to finance theservices of an Official Court Reporter, to pay for their attendances in Court and to produceofficial transcripts of proceedings. Pro se, Defendants in foreclosure suits are treateddisrespectfully by the Court, including its Judges, Senior Court, and Clerk of the Court staff.These same public servants are often found to have systematically acted in collaboration withPlaintiffs to file wrongful foreclosure complaints, to issue unlawful Clerk’s Defaults, AliasSummonses, Alias Writs of Possession and other ultra-vires actions, as part of a sentient collusion

between the Courts and Sham Plaintiffs, with the obvious purpose of perverting the course of

justice.

The Bankers would have you believe that these and a host of other frauds upon the courts areunusual circumstances, whereas they are in fact not only commonplace, but are to be found in

profusion in the majority of foreclosure cases in this state. They quote lost Notes as a rarity,knowing full well that thousands of these lost documents are cited by all of the Banks. Not evenBanks can expect anyone to believe that they could be that incompetent or negligent. Yet our Courts simply accept such outrageous claims as though they were true.

In addressing this letter to you, the Foundation and others who have been monitoring themodus operandi of the Judicial process adopted by the Supreme Court and implemented by theCircuit Courts and to some extent, the District Courts of Appeal have compared those practiceswith the governing laws of this State and of this Nation and have found them to be in contempt of those laws. Florida Residents were encouraged, when following receipt of a letter from theFlorida Press Association, the ACLU and other entities, you wrote and served your DirectionalMemorandum dated November 17, 2010 upon every Chief Judge in each of the Circuits within theJurisdiction of the Supreme Court. Your memorandum was incapable of misunderstanding, itspecifically instructed the Circuit Courts to adjudicate all foreclosure cases strictly within the law,all issues which are now before the Supreme Court in the Roman Pino case. Regrettably, thosehopes were quickly dashed when the result was 'business as usual' and no beneficial changes in

practices were implemented. To date, we are unaware of any subsequent actions taken by the



Supreme Court to enforce the implementation of your Directional Memorandum in order to protect the rights of the Residents of Florida against these massive frauds.

We must all therefore reluctantly conclude that the Florida Supreme Court could well be partof the problem, rather than the solution it is designed to be. The Roman Pino case is a goldenopportunity for you and your fellow Justices to stop this unfettered massive corruption that has

already unlawfully deprived thousands of Florida Residents of their real property and to givenotice that Florida will no longer be enslaved by the doctrine of government by corporations, toensure that the lawyers practicing in this State demonstrate their professionalism, stop believingthat their role is to repeatedly lie, execute forged and otherwise fraudulent documents in theknowledge that the Florida Bar in its multi headed capacity will protect them from discipline andto begin the task of regaining the respect of the people of Florida.

This Foundation with many other groups, have twice succeeded in preventing the passage of unconstitutional laws designed by Bankers from passing into law. Once when the corruptedCongress tried to turn this State into a non-judicial foreclosure state and again, in the last sessionwhen the incredibly titled 'Fair Foreclosure Bill" was before them in its various House and Senateformats. Such was the desperation of the Bankers and their enslaved members of Congress toforce that Bill into law, that as late as 10:58 pm on the night before the last day of Session,Senator Richter completely re-wrote a one page Senate Bill in respect of liens, to be substituted byall the worst parts of each of the House and Senate Bills in order to try and avoid the notice of the

people of Florida. But, after their switchboard was jammed by savvy and concerned citizens,discretion fortunately became the better of valor and the Bill was not called. No doubt they will

be back again with more unconstitutional garbage of this kind at the first available opportunity.

Having failed to railroad their proposed Fair Foreclosure Bills through Congress during thelast Session, which contained , inter alia, a proposed new law to protect the court generateddefective titles and the insurance companies who insure them, with the expressed intent to preventthe victims of mortgage fraud from having the right to regain their stolen possession even if theJudgments were subsequently found to be void and based upon frauds-upon-the-court. TheBankers are now seeking to achieve that same objective by persuading the Supreme Court to Rule

that the integrity of documents filed in foreclosure cases should not be challenged as they presentthe industry as concerned for the citizens and residents of this State, justifying their argument onemotional and unsupported claims of the suggested negative impact upon the State’s economy.

The Circuit Courts have frequently gone on record saying they were simply obeying theinstructions of the legislature to speed up the process of [unlawful] foreclosures and point to thefunding they received to deploy the costs of appointing unelected Senior Judges and to financetheir mass foreclosure dockets as their reason for abusing Defendants [known to the Court asborrowers, in open display of bias] due process rights. Despite the failure of those Bills to passthe Congress the legislature granted further funds from its budget with the same objective as

previously voted public funds.

The Supreme Court's attention is also drawn to the obvious violations of the Separation of Powers which continue to adversely affect the constitutional rights of the people of Florida due tothe Circuit Courts’ employment of unwarranted use of an excess number of Sheriff's Deputies toact as Bailiffs in Mortgage Foreclosure Cases. This occurs especially in Courts with a reputationfor riding roughshod over the due process rights of less educated defendants or, alternatively,

possess little working knowledge of the law. I have frequently counted fluctuating numbers of fully armed Bailiffs, often as many as 8 and on one occasion, 16 such Bailiffs in a Courtroom of the 20th Circuit in Lee County. This is not considering the numbers and costs of further Deputieswho man the airport standard screening of all entrants to the Courts, with the exception of



attorneys, who are apparently deemed to be above the need for such security measures.

Frequently, the Bailiffs in the courtrooms exceed the number of litigants present and their behavior can best be described as intimidating, including, but not limited to standing in the personal space of a litigant, often two at a time; issuing instructions not to speak; placing their hands over microphones; and laying hands on elderly persons to escort them out of the courtroom,

for the major offense of attempting to defend themselves in situations that are analogous to a prizefighter who finds himself in a ring where both his opponent and the referee is against him.The said Bailiffs believe they are under the instructions of the Judge, an officer of the JudicialBranch of Government, and do not understand that when unlawful violations of Defendants' DueProcess Rights are blatantly displayed, they are effectively giving color of law to unlawful acts.

The Executive Branch, through Sheriff's Deputies, continue to give the color of law tounlawful acts when they blindly carry out evictions on the instructions of the Circuit Courts, asthough they were all part of one government branch. Also, we feel sure that the Supreme CourtJustices are aware that the private Corporation, entitled The Florida Bar, is the only professionalguild that is not subject to the discipline of the Attorney General's Office. And, by virtue of theintegration of that private corporation as an official arm of the Supreme Court, has established anelite body of persons who bear the self imposed title of Esquire. This practice is unconstitutionaland by the Bar’s integration into the Supreme Court, violates the Separation of Powers, especiallywhen the Attorney General, all Judges, and other State Officers must be members of that sameguild. It is time that the Supreme Court removed this unwarranted protection from lawyers under the guise of self-regulation. Anyone with any experience of self regulation knows that it is arecipe for unfettered corrupt practices as is evident from the degradation of the financial industrywhich prepared the ground for the massive corporate corruption, leading to the collapse of thisstate’s economy and to the Supreme Court having the Roman Pino Case before it.

Such actions could never happen in a true Democratic Republic where the government of the people is by the people and for the people. They are more representative of show trials intotalitarian states and if not stopped, can only deteriorate to the point of no return, where our citizens will lose all civil and due process rights - a frightening but not irrational conclusion, given

the widespread abuse of those constitutionally guaranteed rights which are inherent in Florida'scourts today and continue to worsen.

It is time that the Florida Supreme Court accept its responsibility to ensure that Florida Court'sact within the confines of the governing laws of this State. If the words contained in your Directional Memorandum dated November 17, 2010, were anything more than rhetoric to pacifythe authors of the letter who apparently provided the motivation for that Memorandum to bewritten, Florida expects you and the other Supreme Court Justices will understand that the matter of great public interest which caused the Roman Pino case to be referred to you, must be alandmark case. Also, that you will unanimously Rule that corruption, fraud, and forgery will nolonger be tolerated in the Florida Courts and will cease to embrace euphemistic terms, such as'robo-signing. Finally, we need you to recognize that such documents will be re-defined asforgeries and that filing them in Florida's Courts will constitute criminal actions by Banks and any

person, [whether or not they are members of the Florida Bar], who assists them in their fraudsupon the people of this State will result, upon conviction, in the appropriate punishment using thefull force of the law.

This letter is copied to each of the Supreme Court Justices in the hope that you and your fellow justices will take this opportunity to make a statement to the people of Florida thatcorporate corruption is unwelcome in this great State and will be appropriately punished. It willalso be published on the Internet so that others may consider adding their support to the most



important decision ever to come before the Supreme Court.

Sincerely,

G. Malcolm Doney,

The Hanging Together for Justice Foundation

copy to Justices:

Barbara J Pariente,R. Fred Lewis,Peggy A. Quince,Ricky Polston,Jorge Labarga,James E.C.Perry,

Sent by email to [email protected] for individual distribution to all the Court'sJustices.

Also sent by US Mail to provide hard copy, which will not arrive in time for consideration prior to the Hearing scheduled for Thursday, May 10, 2012.

Documents

Letter to Florida Supreme Court re Pino