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Transcript of Conversation with Roger Elvick from October 11, 2001
** Hi R* - How are you? (he sounded very tired)
R* Good… had some thing happened here today, but go ahead first…
** Did you get a chance to look over what I faxed you?
R* Well not really … Well let me take a look through this stuff, maybe I did look at some of it. I’ve got to collect my thoughts here. Okay refresh me… what did you send?
** Okay we sent a form on Article 9, which we made some changes on, than there was a letter that was ABC Corporation that when they don’t process our checks, …
R* Give me a minute and I need to sift through some of this stuff. … You can’t imagine how much stuff I get through here…
** I have a question, when they do a Pre-trial, isn’t that the same as a plea bargain? And is that usually a closed hearing or is it in a regular court setting?
R* Ooohhh, I think it is private but they bring it public as fast as they can. Whatever they can get away with.
** Okay, because ** is handling this for his father and is going to send the events to the Secretary of State as a “providing information” on the UCC3 form. We were also wondering about one of the things that the court has failed to do is read his dad his Miranda rights and they also gave him a public defender who is trying to get him to waive his constitutional rights. Now he is not talking to the public defender. We were talking that it is the public defender that has waived “her rights” not his Dad.
R* Right … that’s the defendant
** What about the Miranda? I think that applies to the public defender also. What he wanted to do is notify the Attorney General that this has been a barratry action because they are trying to embezzle from his vessel, which is his checking account. So we wanted to know what you feel about that… *** is suppose to be here any minute
R* Well I don’t think you’re going to get any satisfaction at all here when you try to use these public officials to intervene any way, shape or form.
** Oh, Okay… we were going to send in also to the IRS to let them know of the tax fugitives.
R* Sure I’d just simply send in and let them know what the correspondence is to the Internal Revenue and let them know the Internal Revenue has the accounting. But you see, I think what you’re going to have to do… you’re going to have to demonstrate that we are taking.
** Right we have to start taking equity…
R* I think they have seen some and they have to sober up on what we’re doing too and going to do. I think what they’ve done is taken crash courses to moving private people onto these things here and into taking the equity. And also developed methods into the prisons and in the jails to where they’re conducting conversations with these inmates all the time … and they’re using that.
** As evidence..?!
R* Probably,… once you’re in there best to clam up. Don’t say anything.
** Ooohh you were going to tell me something earlier.
R* I had an interesting thing here. I had a message on my recorder that one of my insurance companies, the one that insures my car, they had just called me and told me that the company had called the agent and told them they had cancelled my policy. Well see I didn’t have any official notice of it, see this just came up over the phone. That had been on my message machine for a day or so and I didn’t get time to get to the phone and bla bla bla. So anyway I called and apologized for not getting back to them right away etc. It was all fine, no big deal. So then he says, “Your policy is cancelled so what do you want to do about it, write a new policy?” I said, “No! no, I want it re-instated”. He says, “We can’t do that.” I said, “Well the company can do it, cause you’re just an agent and you just inform the company of what I said. You just inform the company of what I said that I want to re-instate the policy.” He just goes on and on…. Oh we can’t do that, I don’t understand what you’re saying, and on and on. I told him “I’m not here to educate you, you just pass it on here to the accountant and he knows what to do with it.” Then I told him “if I have trouble I’ll have to resort to the Secretary of State.” Well he seemingly didn’t want that, but he kinda had ways… well, we had a fairly comfortable conversation going. It was somebody in the community that I know. I just kept telling him he has to have my request in there to get the exemption for the claim, but he has to waive the requirements to me. Then he comes up and he says “Well your check came back non-sufficient funds”. I said “Oh, well that’s good! Then I can summon the bank. I’ll just summon the bank for the evidence that there isn’t any money and that it is the reason that I’m eligible for the waiver. For you to waive it and provide me with the product of your offer.”
“Okay,” he said, “I’ll do it.” (chuckles)
** Well that was a smooth one!
R: Yep that was the end of it. But you see that’s what has to happen. See he didn’t relent until I let him know that when he said there was no funds and I said, “I’ll summon the bank for the evidence of there being no money.”
** Something else I want to bring up… I got this post card back from the Franchise Tax Board, and I paid for it with my private account and I got a letter from them saying they got all my correspondence and no further correspondence is necessary unless I hear from them again. Now I want to hammer them for the Certificate of Release.
R: Oh okay
** That’s why I think I need to contact them, that that matter has been taken care of and I want a certificate of release, is that wise for me to do that?
R: Well you have it. That is a certificate…
** Okay, but should they have sent me a certificate of release?
R: Well the certificate of release is the lien itself…. I know that federal tax liens are right in the lien… well I’ve seen both state and federal and I think the certificate of release is right there in the lien.
** The ones that I have the, federal has the release on it but the state does not. What I did this last time when I heard from them I did send them a check from my private account and they dishonored it saying that the account was closed. About a month or so later they sent me another letter plus a $700 plus penalty so I just wrote on there what you told us before: Non-Transferable, This is a Certificate of Origin, Accepted for Value all items attached, Please Provide the remedy then I put a staple through it.
R: Okay why don’t you just write to them and tell them you appreciate what they gave you, but would they please clarify this a little more that this is a certificate of release.
** Good, I can do that. Good idea.
R: You got to be careful… release is a lease.
** Right so I want Re-Lease which means I want to re-lease them as my public servants, right?
R: Well, (chuckles), it’s a lease on life! A lease, and re could be in rim. But you see when you get these releases from liens…. I’m not so sure that you want to press that so hard. Did you get the cash for it?
** Oh no
R: Well you see that’s what those items are--those are cash money. Cause when I was in prison, well I think I’ve told you about it?…
** Oh yes, I know about writing drafts using their names in the “payable through”. Now ** is writing these letters for his dad because he is in jail for using the attorney’s name that was acting as the collecting agent as the ‘payable through’ to pay for the credit card bill.
R: Yeah! That should have been okay.
** Well that’s what they arrested him for was simulating a money order.
R: No it was payable through and the attorney has refused!
** See we’re hoping they will drop the charges… We don’t know what they’ll do because we did issue a letter with the instructions for the remedy… that’s part of what I faxed you and we just wondered if you had any input…
R: Well it’s good that you do your own.
** Right I understand. It’s going to be hand written and *** is going to take it in and hand it to the public defender when they call his dad’s name. Then he has to be careful what he tells him because the calls are screened, the mail is screened.
R: Yeah, you see that attorney is taking equity! So you see they have ways that they use. There is some communication that you’ve used innocently they are using.
** You mean that the attorney is using?
R: Oh yes, that is the only way they can take equity here. There is some real simple stuff that we have to start viewing much, much closer. Because they are getting by with it on too wide of a scale. It is something real simple that everybody is doing.
** Well part of it could be talking too much. I know that I have that problem of ..Can’t keep my mouth shut disease. I know
*** said that if anything ever happened to him he wouldn’t make a phone call or anything… he would go totally silent.
R: Oh… Okay
** *K has his notice going on with the Apt. building and he served the notices on the manager’s about the sale after they served him with the Unlawful Detainer. He has been wondering if they come and do a ‘lock out’. He did respond by doing an acceptance on all the papers served on him and turning it back to the court. He has the benefit of the gal that works in the office of the building telling him whatever she knows. She told him she would let him have his stuff out of there in case they do a lockout. If he gets this through he might be able to start paying his rent with the drafts payable through the police chief. He wants to continue to pursue that. He knows the equity on these people.
R: Well I can probably help him if he wants to take over the apartment. Because if he does that, and especially if he’s got somebody in there who’ll work with him that’s already in the administration of the building…
** Yeah she’s the resident manager
R: He could just tell her… or just ask her if she’s interested in working for the new owner. What’s going to happen here, if these people give him any further cause here to either put the building up for sale or take it into his own possession.
** Awe perfect
R: See and the way you do that is as soon as you give those people notice of what you’re going to do, he also gives notice to that resident manager that the building is under new ownership and that for her to circulate new contracts to all the tenants and tell them this is where you make the payments. You want to time it so everything happens and then you give the tenants in there a little reduced rent to get them working with you. They’d prefer that over the old tyrant that was there before. See that’s how you move on that building real fast. Because what he’s doing with the equity and all, he can take the ownership with that Article 9.
** Good with the changes with that Art.9, and I know you haven’t had a chance to compare it with the book….I just wondered if you noticed anything that would enhance or strengthen it or anything that would get us in trouble..
R: No, No I didn’t see any of that.
** Did you find out anything about the guy that bought the pick up truck?
R: No I haven’t had a chance to talk to any body lately…..
** That’s true I was hoping he left a message on your answering machine or something.
R: He was inclined to do some things that would be to appease the bond holder which he was collaborating…
** Oh he compromised… the ole fear mod
R: Well he understood a lot of it but he probably needs some time to get a better understanding and collect his thoughts.
** You know, once you know the truth it is pretty hard to go back and try living the lie. * had his telephone turned off because he was paying his phone bill with drafts and also the utilities and he still has the utilities going on so he has a lot on his plate to deal with. We’re really standing behind him since he is so willing to try things.
R: You got to remember that we know the thing that really ties up or takes away these attorneys is that we know there is no money. They can’t bring a money argument or they’re finished. But you see they keep their assumptions alive by doing some of these assumption things they are doing. It’s just like I was telling you with this insurance company guy, when I agreed with him that the check I gave him didn’t have any money… Good now I can summon the bank to the evidence. See we welcome the charges. Everybody is so afraid of the charges… They are trying to avoid them. So they do a lot of things unconsciencely that the other side is capitalizing on those.
** Oh right!
R: See they are using basic psychology where every body falls into those areas to where these attorneys have been trained to capitalize on….and to use that on the basis of assumption to keep their conscience from being taken down.
** Well the thing about the guy I had trouble with I talked to you about before, where he wanted the guarantee of this information. My feelings are that I teach this information I learn from you privately in a group setting. I don’t advertise or solicit… is that making me public?
R: Doesn’t matter, see we’re both sides of the account.
** There are some people of the belief that we’re not suppose to be selling this information or material. Well I see that as we’re not suppose to ‘force’ it or talk them into it. My time has value and I want to be compensated. Sometimes I don’t feel like I have a life of my own cause there are so many people with fires and if I can be helpful I do what I can and some people are very generous but others are not for whatever reason. I don’t know how you do this plus all your farming…
R: See we hold both sides of the account. We’re not the holders, we’re the owners of the preferred stock! Cause now it’s a matter of taking the equity and you’ve taken the equity. They can’t give away equity… you can only take it.
** Oh, okay! Equity can only be taken not given.
** *** just arrived….
*** Hi R*, how’s it going? I have a quick question and I’ve read some stuff from you before and it says that the refusal identifies the defendant …
R: Yeah
*** …and what’s going through my mind is I was going to…well because what bonds this whole issue is that the lawyer dishonored the draft and turned it over to the DA and the DA is going for it now, but that acknowledges that the lawyer dishonored it. What I was thinking is that the defendant is doing business in the lawyer’s address.
R: Well I guess so… but what are you getting at?
*** That there is a mistaken identity…
R: Yeah, but that’s not going to do you any good to aver that. The thing is, you just put it right straight to these people your request for your remedy whatever that is.
*** Okay
R: See when they refuse you, like that attorney. See what he’s doing is he’s taking equity. It has nothing to do with any of the statutes or anything else, including the Constitution. This is a one on one. So what he does, he makes a request of this attorney to release him immediately or drop the claims and provide him whatever remedy your dad is due.
*** Okay
R: And when he fails to do it, and you can put it in the same notice, and or refuse or other wise fails to provide me with my freedom and my possession of the product of your offer, whatever that is or whatever got that started. Then you see you tell them - I will take delivery at the time and place. The time is going to be immediately and the place is where he is going to take delivery of his person at the outside of the jail.
*** Okay how I had it last time, I let them know the remedy was for the release and return to and then I used my house address, cause I want him returned back to the house. And when I was drafting up my letter it was focusing on the fiduciary titles holding the account and that I’m asking the collector to provide me with the 1099 OID and INT.
R: Give me that again… hold on now…
*** The focus of my letter that was going through mind right now during this point in time was that I wanted the collector to provide me with the 1099 OID and INT to identify who was the fiduciary debtor and who was the fiduciary creditor. The fiduciary titles holding my account and that was the focus of this letter but what I was curious about was drafting up a letter to the Secretary of State to let him know that there’s a delinquent and that …. Well one of the things that they didn’t do was they never Mirandized him…
R: Well you see you’re getting into the public when you bring that up.
*** Oh okay… okay
R: See Miranda was public property, so it’s not going to apply here.
*** Okay…
R: See this has got to be pure equity. I can tell just by the way that attorney stepped in there. So what you’re going to have to do is … you’re going to have to take the equity from him. You’ve got the advantage on him. See he is not the principal in fact because he has used his license and his position to obtain an advantage and that’s really simply because we know that. What he did was he stepped into his private capacity and took the equity to hold your dad to a debt. Okay?
So what you want to do is you want to move right back on him with the same claim and request the same remedy. Which means your release of his person and a return of anything that that attorney has got of yours. Whether it’s money or whatever it is… besides your body.
*** Oh okay!
R: Tell him here the equity here in the discharge quarters of the jail. See that’s like a warehouse. You have a receiving door and a discharge door or shipping door. Just tell him here that you will take settlement at the discharge quarters of the jail.
*** Okay and that means that you’re instructing the release to that part of the jail that does the discharging?
R: Yeah. To discharge him and enable him to his freedom plus whatever other things that that attorney owes him. Now you make that request of him and in the event the attorney refuses, and I suppose you can put this in the same letter. - In the event that you choose to dishonor this request, I will take delivery of these items. And then you tell them- of my own person and anything else that this attorney owns and anything else that is held in the name of that person. I will take the equity pursuant to an Article 9 section 613 proceeding. See let that attorney know and now you see once the attorney refuses, and you’re going to tell him that if you refuse I will pursue the matter by requesting that you waive or the court waive any further proceedings or any further costs or requirements of me and provide me with my release and settlement immediately.
*** Okay
R: You’re getting the general drift there I hope?
*** Oh definitely.
R: You see because now you’re going to come right straight back at him to take equity. And oh I should of used the word to take delivery of the equity in the alternative.
*** Okay
** Now this can be communicated while they’re holding him on a pre-trial?
R: Sure right straight at that attorney. Serve that attorney with that.
*** The way they have it right now was. They had a credit card issue and the lawyer took it and sued. The bank closed on it an we let them know there was a closing. Then the arraignment went and he said “I’d like to call a witness” and then they moved on to other cases and he sat through the rest of it. But what I’m curious about is it the original attorney that took on the suit for the credit card or the district attorney that is assigned to the case?
R: Well the district attorney has taken the assignment. Serve them both the same letter.
*** Okay.
R: So what happened at the arraignment?
*** Well how it went, they called the case, and now to the G** case and he stood up after a few seconds and said, “I would like to call a witness for direct examination”. The judge said, “Hold on a second. Are you Mr. G**, who are you?” And he repeated one more time “I would like to call a witness for direct examination.” And the judge said “Well before you can do that is we have to find out who you are”. Well he stood mute from this time forward. At this time I walked up and gave them an envelope payable through Bill Jones, the Secretary of State, asking for the remedy and then they said “Okay we’re just going on to other cases” so they went on to a few more cases and then they came back to him and the judge called the sheriff up to the side, like a side bar. My dad heard the judge whispering ask the sheriff “is that Mr. G** ?” and the sheriff said “Yeah that’s him”. After that the judge said “Well what we’re going to do is we’re going to assign you a public defender and we’re setting bail now for $25,000 and which it originally was $10,000. Then they said pre-trial will be on the 12th which is this Friday and trial will be on the 22nd.
R: Okay, call the sheriff for the witness because he is the one that identified him. That’s the one that made the claim.
** Oh that’s right he claimed he knew him.
R: That’s right he should of done it right there… ask him his name etc. Because the guy that identifies you in an arraignment, that’s the guy that made the claim on you. At least they are using that person to pass through that person to continue their process. So that sheriff, whoever he is, is to be summoned.
*** Okay so we need to serve a summons on him?
R: Well you can just let them know in this notice or letter, you let them know that in the event this continues the sheriff will be called that he has identified the wrong person in the arraignment.
*** Oh okay.
R: And also…. Well we got so many things it slipped my mind…..
** You really have to focus on staying private then?
R: Oh yeah. You let it slip over to the public, they hang you.
** So the key factor is keep it as private as possible and they have to stay private….
R: Yeah, when you put the letter here, it is a private communication right to those two attorneys and you’re going to let them know that this is a request to them to provide you with a settlement, and in the event they refuse the settlement then you will accept their dishonor in the alternative and will take the equity at the discharge door of the jail.
*** Oh, okay
R: But you see, here’s the thing - Just because you said it in the letter, if they refuse you it doesn’t mean you don’t have to make that request again, that you waive the requirements here and provide you…. Well that only comes after they provide you with the act.
*** What does that mean? Can you explain that?
R: Well they have to commit the act of the refusal for it to be a matter of fact here. Just because you’ve told them in this letter what you’re going to do. If you tell them what you’re going to do, they might just volunteer and lay down and let it go rather than be confronted because they know that you know the process. But you see, they might want to think, well lets see if he really knows and they might press the matter to the point where you might actually have to come in an make the request now for the release. See now you know you have them in the alternative and it’s a breach of contract. If they fail you after you make the second request and accept their dishonor and you request the waiver, then it’s a breach. That’s the jurisdiction for the United States Attorney to step in.
*** Awe… okay
R: That’s the only jurisdiction that he has is over breach of contract and that is when he is told to perform his duties. He has an obligation then.
** So that would go to the United States Attorney versus the States attorney even though it’s a state court and the chain of commands….
R: Probably, but you see the averring in court would be somebody coming in the name of the state, United States. But you see we aren’t going to do that because we’re just going to keep it private. We’re going to just keep going after his conscience. We’ll just snag his immune system!
** Good. Now he doesn’t have to serve them he just tells them UCC9?
*** Well how I’m planning it tomorrow for the pre-trial is I’ll just walk it in and hand it to them during their proceedings and give them that request. And in the event they dishonor or refuse, then they’ve authorized the alternative and I’ll take the equity at the discharge quarters of the jail or to waive the court costs ? ? ?
turned tape over and lost some
R: Right, now I know how they are holding together and you’re going to have to go through … well it’s an operation!… why? Because it’s internal, it’s after the execution. The execution apparently opened up the body and now you have to operate on it to keep it going.
** Wow, okay. Now what’s going on because *R is the one in custody and *** is the one serving on these guys is that going to make it look like he’s not doing it directly?
R: Well it doesn’t make any difference who’s doing it, his father’s name is assigned to it.
*** Yeah, we have the same name.
R: And if nothing else, all you’re doing is an accommodation signature.
** Okay then it would be up to the father to complain if he didn’t want somebody signing for him.
*** What I’m curious about in drafting a letter, I’m getting down to the bottom of the letter and it might be me getting critical of myself but I get to the end of the letter and where I put my name and address down I’m not sure what address to use, the jail address or house address.
R: Put the jail address!
*** Okay.
** Okay well does this satisfy what we need?
*** Oh yes it helps me a lot, thank you very much!
R: Well I hope here that when we have to do it this way and we’re fatigued and tired from other things we’re not at our best…
*** I understand. Anything is good enough!
** I think we’re making good progress or headway. It doesn’t always appear that way, but things aren’t always as they appear.
R: Well see mine is going all right here like with my insurance company that insures my car, but see, I knew this was going to happen. I was waiting for it so I was expecting it. The reason was because it was time for me to re-license my car and I gave them a check and I knew they were going to try and bring the insurance into question. My insurance is being paid for the same way my car license and registration are.
** You know what I think is going on? I think that when we send those drafts in they totally ignore them. They go on somebody’s desk and they don’t respond about it at all so nothing shows of any attempts.
R: Well some of those they do. That’s what happens. With mine, they charge them and I know that I can get the information. See what you ought to do is just write a letter to the Franchise Tax Board and the Internal Revenue Service and let them know that these people have been paid …. Better yet write them and ask them for the tax records, which would be the 1099 OID. Ask them for your copy of the 1099 OID. Just hound them with that. Ask them for your copy of the 1099 OID for the transaction and then lay out what the transaction was. Put down the check # and the amount paid and bla bla bla. And then just send the copies of those letters to the Franchise Tax Board and to the Internal Revenue Service.
** Wonderful…. Okay!
R: See so those people can see that you are turning the matter over to the state and to the federal tax dept. and just keep hounding them for the information. Say this is the 2nd, or 3rd , etc, time I’ve requested this information.
** Keep pressing the issues!
R: Yes! You have paid the account and now since they have refused to make settlement, the matter here is a delinquent tax. Put that right in the letter. If you get enough of that going you get these people in these tax departments and now they can start to be accused of siphoning off tax money to their confederates.
** If we get enough people to start doing this they’ve got to know that people are waking up and getting wise to them and their criminal behavior.
R: Well you can get a bulletin board going on the internet and telling about what is happening and the specific people, who and where and when it’s been done. Yeah and just start to lay it out that way and I’ll tell you there are a lot of people that are totally upset with the Internal Revenue.
** Oh for sure! Have you heard of that organization called Tax Gate?
R: No
** There is a guy there that has been starving or went on a hunger strike to try to get heard before congress … they had big ads in the USA TODAY newspaper… I don’t know how that turned out though. They did let him out of jail. They come from the thinking that nothing requires them to pay.
R: Well that’s not going to get them anywhere. See they like people to get those things in the new. They just pay enough attention to it and then it sucks a lot of people into thinking they can go along those lines cause it gets recognition and it doesn’t mean a darn thing.
** I asked this guy from back east that works in DC at the treasury about getting back on the gold standard because there seems to be a lot of that on the internet. He said “Oh they think that’s a joke, but what they are getting a lot of correspondence is the flat tax.”
R: Sure the gold that is being talked about is the paper gold of the IMF. Which is contract!
** Oh… okay
R: It’s called paper gold.
** Paper gold which is the contract…
R: Yeah but see it’s pure gold it’s not .9999… It’s pure. And that’s what the bible talks about. The streets of the holy city being paved with gold… pure gold, which means what… Transparent!
That’s exchange… doesn’t exist!
** You are so wise! And such a good experience to talk to….
Some chit chat regarding the corporation and that will be discussed when ready.
R: I think I’ve made some inroads in our taking the equity and start developing methods to take the property to do something with it. Then we’ll have the culprits on the run.
** Right I feel that if we keep peoples faith restored until they start seeing a little bit of light…
R: Well that is the problem… see they think they are going to follow the loop hole. That won’t work in this process. No, that won’t work! They are going to have to over come… well they are going to have to take the equity and see it for themselves.
*** Right
** Okay
R: I can see it and I try to present it to you in a way that you can understand it and that is why some of this stuff flashes through my mind and when we’re talking and I would have to stop you almost every sentence and comment cause it’s so fleeting it escapes me.
** Stop me anytime!
R: But if I let it go too long then sometimes I can’t recover it… at least not right away.
** Any and everything you give us is always appreciated even if we do have to put it together. Even as tired as you are we still learn from any information you share.
*** Yes thank you very much R.
** Okay we’ll let you know how things go.
Tape ends….
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