Monday, April 19, 2010

Cordova's Appointment to the NSB : Fisher's Murder Plot and IDR's Resolution to Rectify the MacLauchlan Contract

The author Francis K.Fong briefs, on this post, the notorious Fisher's murder plot and the statutory provisions for prosecuting the patterned activity, the Syndicate control that enabled Indiana Justice Frank Sullivan's certification of "the order." See, Praecipe at Exhibit 1, to supplant the Indiana Supreme Court's "Alternative Writ of Mandamus."

The issue involves the 6-20-06 resolution of the IDR (Indiana Department of Revenue).  Done to rectify IDR outside counsel Bob Bauchman's procurement of "the order" in aid of Posner's contract for the MacLauchlan killing, the 6-20-06 resolution was IDR's verification of the Alternative Writ on the "state's admission of its agreement of April 19, 1991."  It culminated from IDR's corresponence dated 3-7-02 for its legal department's rectification of "the order," which prompted the appointment of former Purdue President Steve Beering (2002) and that of current Purdue President France Cordova (2007) to the National Science Board for the purpose of controlling OIG's investigation of the Calvin cycle requested by NSF Associate Inspector General (Criminal) Peggy Fischer. 

An instrument for Tom Busch's implementation of the Kyrouac Agreement, "the order" relates back to Bayh's appointment of Frank J. Sullivan, Jr. to the Indiana Supreme Court, Bayh (1-25-10). The proximate cause was the MacLauchlan contract reported in May of 1995 by Purdue and PRF President Steve Beering, now chair of the NSB, later dubbed the murder plot by OIG Senior Counsel Monte Fisher. Sullivan assisted Bayh in altering the MMRF's (Medical Research Foundation) record to vitiate plaintiffs' standing in Brenner v. Powers (1992), Ind.App., 584 N.E.2d 56.  At that time, MMRF President Don Powers was also the President of the Trustees of Purdue University, who appointed Beering as Purdue and PRF President.  Thereafter Sullivan used the "order" as a switch for the Indiana Supreme Court's "Alternative Writ of Mandamus." See, 4-1-10 post. By the Syndicate control IDR outside counsel Bob Bauman hired MacLauchlan's shooter to eliminate MacLauchlan, Fong Solar Research Financial Vice-President, as the United States' witness for the GAO review committed by Keith Luse of Senator Lugar's office. See, Hunt Submissions at 25.

Cordova's finding suggests the viability of the mechanism reported in Hunter's complaint for sustaining the Calvin cycle over the six decades involving syndicate bosses of an East Chicago pinball machines racket d/b/a Lakeside Sales Co. Shepard (1-25-94) at 1-2, Re: January 10, 1994 order in State ex rel Fong v. Ault, cause No. 79S00-9312-1399. IDR's rectification of this order provides a focus on prosecuting the patterned activity.

The FOIA production (Documents A-F) of 9-9-05 reflects, in part at least, the patterned activity to use the courts, U.S. Attorney’s Office, IRS and other federal and state government units as “racketeer enterprises” within the meaning of 18 U.S.C. § 1961. 

The patterned activity, as reported in IRS District Director's Representative John Hunter's complaint filed with IRS Internal Security and Exempt Organization, Document A, consists of Richard A. Posner's order of the MacLauchlan contract, 18 U.S.C. § 1961(1)(A).  Related acts include the theft of Fong's letters to Bobby Hunt, Documents D and E, to violate 18 U.S.C. § 1708 (theft or receipt of stolen mail matter) and 18 U.S.C. § 1709 (theft of mail matter by officer) to issue NFTL's (“notices of federal tax lien,” Document B, to violate 18 U.S.C. §§ 1341 (mail fraud), 1343 (wire fraud), 1956 (money laundering), 1957 (monetary transactions from Treasury to the John Doe Trust in Sibley v. City of Hammond, Lake Superior Court, Room 1, No. 45D01 0606 PL-52), 1958 (shortening the PX 45 transcript to close the MacLauchlan contract), 1510 (obstructing criminal investigation) and 1511 (obstructing state or local law enforcement), the removal of the December return from the Service's administrative file to supplant it with the June return, Document C, to support the NFTL's (Notices of Federal Tax Lien), Document B, and that of NTA case no. 3221334, Document F, to obstruct proceedings and violate §§ 1592 and 1503.

For case law germane to using government units as racketeer enterprises, see, the use of a court, United States v. Stratton, 649 F.3d 1066, 1074-75 (5th Cir.1981) (judicial circuit); a prosecutor’s office, United States v. Altomare, 625 F.2d 5, 7 (4th Cir.1980); or an executive department or agency, United States v. Dozier, 672 F.2d 531, 543 & n.8 (5th Cir.1982); United States v. Davis, 576 F.2d 1065, 1067 (3rd Cir.1978), cert. denied, 439 U.S. 836 (1978); United States v. Frumento, 563 F.2d 1083, 1091-92 (3rd Cir.1977), cert. denied, 434 U.S. 1072 (1978).

Papers filed 7-26-93 with the Warren Circuit Court, Shepard (1-25-94) at 32-34, disclose that Seventh Circuit's control by the Syndicate dates back to the mid-1950's, when one-time Indiana Governor and Purdue counsel Roger Branigin installed East Chicago mayors Walter Jeorse and John Nicosia in PCDF's promotion of PRF's sale of the Lawler tract in making of the Calvin cycle.  Branigin purchased land in Woodmar, U.S. Dirstrict Court, N.D.Ind., No. 3151, from 7th Circuit Chief Judge Swyghert and Donald Gardner involving a fictitious intermediate "John A.W. Hansingford."  Ibid. at 32.  Seventh Circuit judges received considerations from mob-related interests in the fix, ibid. at 34, culminating in Posner's order of the MacLauchlan contract.  Ibid. at 33. 

Syndicate control enabled Tom Busch's implementation of the Kyrouac Agreement, by which was rendered impotent, or a fraud, the House Oversight Subcommittee's investigation of the FBI PX 45 request a/k/a the Calvin cycle submitted by Communications Director LuAnn Canipe. 

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Saturday, April 10, 2010

Richard A. Posner's Model of Corruption : Death Threats and PEFCU's Payment of $15,000 for Girinakis' Failing to Produce Documents A-F

Richard A. Posner summarized his theoretical model for the simple plan as follows:
  • Judicial corruption "flourishes where the economy is heavily regulated but the legal framework is weak. [ ***] The weaker the legal framework, the more difficult it will be for the government to prevent bribery, a classic 'victimless' crime because bribery is a voluntary transaction; and it requires a sophisticated legal machinery to detect and punish such crimes."
The experimental observables of this model are manifested in the enfeeblement of Indiana's legal machinery - Governor Bayh's appointment to the Indiana Supreme Court of Frank Sullivan to succeed Jon Krahulik, in consideration of Barnes and Thornburg’s legal advice to vitiate Plaintiffs’ standing in Brenner v. Powers. Shepard (1-25-94) at 22.

The author Francis K. Fong here uses Director Rena Girinakis' failing to produce FOIA Documents A-F to demonstrate a typical chain of  multiplying acts of enfeeblement.

At the time Hunter filed the bribery complaint in Jaunary of 1996, Document A, IRS executive Girinakis, Director of Communications, headed Problem Resolution of District Director Palmer's Office, the purported recipient of Purdue trustees' annual 5-figure payments channeled through PEFCU for the past four decades. Hunter filed the complaint on account of the death threats (play audio file), issued upon Fong's presentation of Shepard (1-25-94) in response to IRS executive John Ressler's 10-27-95 letter

Ressler was director of the Cincinnati Service Center who, assisted by one R.A. Mitchell, at the behest of DOJ (Tax) Chief D. Patrick Mullarkey, removed the 1996 report ("the December return") from the Service's administrative file and supplanted it with the June return, Document C.  Document C was used to support the NFTL's (Notices of Federal Tax Lien), Document B

The enlarging patterned activity necessitated Mitchell's and IRS executive Bobby Hunt's theft of Fong's reports and objections mailed to Bobby, Documents D and E.  Documents D and E, in support of Document A, corroborated the patterned activity for making the Calvin cycle, for which Treasury issued NTA case no. 3221334 to provide Fong with governmental counsel and accounting expertise to submit's proposal website (play audio file), Document F.  Treasury's issuance of NTA case no. 3221334, in turn, prompted Mitchell to remove Document F from the Service's administrative system to disable Fong's submission of the proposal website and file post-1995 Form 1040 returns.

In the fall of 2006, Mitchell, at Mullarkey's behest, prompted Bobby to steal Fong's restricted-delivery letter, No. 7005 1820 0003 3192 1927 (“Letter 1927”) addressed to Bobby.

Finally, in March of 2008, Busch recorded the RNFTL, after France Cordova approved PEFCU’s payment of $15,000 therefor, subsequently enabling Indiana Associate Justice Frank Sulivan's certification of the "Order Denying Writ Petition."

Fong directed to Girinakis the FOIA request for Documents A through F, dated 9-9-05.  Girinakis has failed altogether to comply under the statutory mandates to produce the said documents, as the federal investigation outlined on's Home Page sputters nearly to a halt.      

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Thursday, April 1, 2010

Scott M. Kyrouac Explains the Kyrouac Agreement : Sullivan's crafting "the Order" Outside the Rules of Court

Scott M. Kyrouac on Shepard (1-25-94) 

In the summer of 2009, Terre Haute attorney Scott Kyrouac wrote the author Francis K. Fong on the events of the mid-1990's memorialized by Shepard (1-25-94), Re: January 10, 1994 order in State ex rel Fong v. Ault, Cause No. 79S00-9312-1399 (hereinafter "the order"). 

On that correspondence was based Fong's the 1995 report, which provided the impetus for DOJ (Tax) Chief Pat Mullarkey's "three-way agreement," see, Emergency Motion (5-26-09) at 13-14, a/k/a the Kyrouac Agreement.  On 7-10-09, Indiana Associate Justice Frank Sulilvan certified "the order," Praecipe (8-3-09) at Exhibit 1, to supplant the Indiana Supreme Court's "Alternative Writ of Mandamus," ibid. at Exhibit 2.  It should prove to be the undoing of Richard A. Posner on account of Kevin Smith's (Indiana Supreme Court Administrator) letter dated 8-28-06.

By the Kyrouac agreement, Nationwide Insurance would convert or vanish the John Doe Trust as consideration for rendering impotent, or a fraud, the House Subcommittee's investigation of Purdue's federal false claims, that of the FBI PX 45 request, a/k/a the Calvin cycle - the purpose of "the Moody action."   

Sullivan's Simple Mistake

From the outset, the simple plan was doomed by Indiana Associate Justice Frank J. Sullivan's crafting "the order denying writ petition" as follows out of his unfamiliarity of the Original Action Rules of Court, which underwent changes from December 31, 1993, to January 1, 1994.   

Posner designed it to convert (vanish) the $48,903.81, which AOUSC executives withdrew from a Treasury account.  See, Open Communication on Martellaro.  After he merged the funds into the John Doe Trust, see, state court's orders at 7, paragraph 3, and thereafter disbursed them to the Woodmar recipients, Posner used the First Posner Order to bar all successors-in-interest entitled to the funds from claiming the funds and waited.  After the last of them died, he arranged to have the court (Moody) use the Second Posner Order to grant the $48,903.81 paid decades ago to the Woodmar recipients to the dead successors-in-interest.  But the fact development of Shepard (1-25-94) reached beyond this simple plan.  It connected the dots in the Calvin cycle, i.e., the bribery-conspiracy reported by IRS District Director's Representative John Hunter in his internal complaint filed with Internal Security and Exempt Organization, FOIA Document A.

Syndicate control of the Indiana Supreme Court.  Hunter filed complaint upon the death threats received 1-3-96 by Fong, Margareta Fong and their youngest child, Peter.  IRS Internal Security Special Agent Terry Sparks recognized the agents who made the death threats (download and play), connecting the dots from syndicate bosses' [Raykovitch, Slaboski and Peters of East Chicago's "gambling bunch," Shepard (1-25-94) at 1-2] control of the Indiana Supreme Court to West Lafayette city counsel Bob Bauman's contracting the gambling bunch to hire MacLauchlan's shooter, an employee of IRS's office in Terre Haute involved in the drug-trafficking across the Indiana-Illinois stateline.

Kyrouac shows that Sullivan in certifying "the order," in the summer of 2009, committed a simple mistake.  Fong's letter of 12-30-93 to Shepard on a prima facie case of “Governor Evan Bayh’s involvement *** in said bribery-conspiracy to commit the murder *** of Donald J. MacLauchlan, Jr.,” Shepard (1-25-94) at 60, was the proximate cause for that mistake:
  • Sullivan's unfamiliarity with the Indiana Supreme Court Original Action rule changes instituted in the winter of 1993-94, ibid. at 5-10, as manifested in Kevin Smith's letter.  ("Also, your materials appear to be premised on an incorrect understanding of the outcome of the original action you filed in 1994, Cause No. 79S00-9312-OR-0139. *** The Clerk assigns a cause number to every original action that is accepted for filing, not just the ones the Court grants.")
Sullivan and Smith both made the mistake of using "the new rules," ibid. at 2, effective on and after 1-1-94 for the "order" purporting to "deny" Fong's writ petition file-stamped on 12-23-93, ibid. at 83-84. The "Alternative Writ," which Sullivan had wanted to supplant by the "order," directed Tippecanoe Superior Court 2 (Busch, Regular Judge) to file a report on the MacLauchlan killing.

Lunch with Judge Hall : PRF's Sale of Lawler Tract 

On 2-10-93, Fong served a paper entitled "Affidavit of Francis K. Fong on His Lunch with Judge Hall," Shepard (1-25-94) at 39-41, on the Honorable Robert M. Hall, Warren Circuit Court, 125 North Monroe, Williamsport, Indiana 47993.  On 1-28-93, Judge Hall invited Fong to lunch during the trial in Fong v. Lafayette National Bank, Tippecanoe Circuit Court, No. 79C01-8710-CP-653, in which Fong conducted before Hall, the presiding judge, the direct examination of Tippecanoe County Prosecutor John Meyers, who testified that the shooting death of Don MacLauchlan, Financial Vice-President of Fong Solar Research, was murder - not accident as reported by the local news media.  Ibid. at 44-45. 

During lunch, in exploring the bribery-conspiracy leading up to MacLauchlan's shooting death, Judge Hall brought up his decision of 11-27-89, ibid. at 44, in favor of the defendant Purdue University Trustees President Donald S. Powers in Brenner v. Powers (1992), Ind.App., 584 N.E.2d 569, ibid. at 22.  In that case, two Munster, Indiana, physicians sued Powers, Munster Medical Research Foundation ("MMRF") president, for using MMRF funds to buy Lawler tract land ("the Munster Plains") at $80,000 per acre purchased by Purdue trustees for $199, ibid. at 39-40, with federal reimbursement moneys paid to Purdue Research Foundation from Purdue-Calumet Development Foundation's (PCDF) federal loan and grant contract.  ("PCDF's promotion of the Lawler Tract")     

Hall explained that his decision was reversed by the Indiana Court of Appeals, but he did not understand the reasons for that reversal.  The judge wanted to know if Fong had heard of a publication called Voice, which had made allegations analogous to the ones Fong made in his federal court pleadings.  Fong answered in the affirmative, but argued that, unlike the charges of judicial fraud and corruption published in Voice, he had embodied his fact allegations within the frame of state and federal law.

Model for the MacLauchlan Contract

Hall admonished, "Affidavit" paragraph 9, ibid. at 40, that it would be very difficult to prove the bribery-conspiracy in cases before the judges accused of the public corruption.  Although Fong said, in response, that the overt acts of corrupt judges to frustrate the proceedings would have the effect of simplifying the cases for further adjudication before other judges, he knew full well that Hall spoke the truth.  Years later, he would learn of the economic model by Posner, who wrote:
  • Judicial corruption "flourishes where the economy is heavily regulated but the legal framework is weak. [ ***]  The weaker the legal framework, the more difficult it will be for the government to prevent bribery, a classic 'victimless' crime because bribery is a voluntary transaction; and it requires a sophisticated legal machinery to detect and punish such crimes."
In Indiana the legal machinery was enfeebled by Governor Bayh's appointment to the Indiana Supreme Court of Barnes and Thornburg lawyer Frank Sullivan to succeed Jon Krahulik, in consideration of Barnes and Thornburg’s legal advice for Bayh to alter MMRF’s record to vitiate Plaintiffs’ standing in Brenner v. Powers. Ibid. at 22. 

In January of 1989, after reviewing that portion of PX 45 consisting of Beering's description of PCDF's promotion of the Lawler tract, the 7th Ciruit contacted Fong's attorneys Jerry Clousson and Peter Baugher not to file appellate brief to enter the Second Posner Order, 976 F.2d 735, affirm. 692 F.Supp. 930Ibid. at 33. 

MacLauchlan's murder in December of 1989 was contracted by Posner after a meeting of John Bodle and Cummings in the Dirksen Federal Cuilding in downtown Chicago.  In that meeting, Bodle briefed Cummings on the negotiations involving Purdue financial vice-president Fred Ford, Beering MacLauchlan and Fong during May through August 1984, in which MacLauchlan was shown, among other things, documents of PCDF's promotion for PRF's sale of the Lawler tract.  Ibid. at 33.

In the fall of 2004, the IRS internal contact for Fong, an IRS Outside Stakeholder, corroborated independent witnesses’ testimony, ibid. at 1, connecting Bayh to the Given murder and syndicate bosses Raykovitch, Peters and Slaboski in the bribery-conspiracy, which involved DOJ (Tax) and IRS management ranks, all protected by one “Robert Quigly,” a purported TIGTA agent, in AOUSC executives' withdrawal of the $48,903.81 from Treasury. 

In 2007, Kelly Lee of the AOUSC affirmed said IRS internal contact's corroboration, naming in addition Lafayette lawyer Bob Bauman, West Lafayette city counsel, as having in December 1989 consulted Bodle and Cummings, contracted Raykovitch to hire Don MacLauchlan’s shooter.

Thursday, January 28, 2010

Beering's Letters on Bribes : Richard A. Posner's Simple Plan Must Fail

The author Francis K. Fong acknowledges the superiority of Richard A. Posner's scholarship (outside of chemistry), his proficiency in the English language to make plausible otherwise off-the-wall notions.  One topic has emerged as his favorite: how judges think, and why public corruption makes good economic sense.  On this kind of discourse, which would border on the bizarre, was based Fong's contract with Treasury to detect and punish Posner for the $250,000 he received to set in motion the simple plan.   Consider how he, a judge, thinks:
"So what is wrong with bribing public officials to obtain public services, provided the practice is known and wages are adjusted accordingly? In effect, bribes shift the financing of public services from taxes to a combination of taxes and fees for service. By injecting a market element into public services, bribes can actually improve efficiency when used to get around rigid or inefficient rules."
In support of the McClellan-Kennedy report of 1959, Steve Beering explained that Posner's economic model was not mere theory.  On 5-15-95, Beering wrote that Judge Allen Sharp ("the Bursten judge") accepted a $20,000 bribe to enter a plea for Ben Lesniak, PCDF directors' appointed head of the East Chicago Housing Authority Board of Commissioners for awarding federally funding building contracts to bidders offering the highest kickbacks.  On 5-19-95, Beering reported that Judges James T. Moody and Richard A. Posner were paid $5,000 and $250,000, respectively.  In return, Moody was to keep the Woodmar claimants from getting paid the $48,903.81; and Posner was to implement the simple plan. Moody would "grant" the dead (fictitious) claimants the $ 48,903.81, which Posner had disbursed 1978 to the NSF OIG employees, who in turn would enforce the Calvin cycle as NSF's Dark Photosynthesis Funding Standard (DPFS). Lawyers would be disbarred for challenging the court's incorrect actions; applicants for grants would be denied NSF funding for addressing Calvin'sin the Calvin-Pon paper ("Reviewer No.8"); and employees of governmental agencies would be fired for disclosing the simple plan.  In November of 2000, GAO OSI referred to TIGTA the Margerum-Posner transfer to PEFCU of the $48,903.81, as disclosed on the PX 45 tape by Steve Beering.  So Posner simply had a TIGTA insider, Robert Quigly, to certify to his superiors that the PX 45 tape transferred to Mullarkey by the court (Moody) was in its original condition and had not been abbreviated by Posner.   

Posner could have walked away with the $250,000 had the crimes of public corruption were victimless, as Posner had hoped, and everyone involved lies low and keeps silent.

But the crimes were not victimless; and the simple plan was doomed by both the perpetrators and victims alike, who broke their silence: Steve Beering's letters unraveling the bribes paid to the judges to eliminate MacLauchlan; Kelly Lee's summary of the Eisert correspondence; Doug Klitzke's responses affirming the Bauman-Margerum connections; Cordova's finding upon Purdue's (Michael Fosmire) literature search on Web in Science, by which the Margerum news release unraveled, Hunt Submissions at 100, a scheme perfected to penetrate the United States Treasury; and finally, the dots connecting PCDF's promotion of the Lawler tract to Justice Sullivan's propensity for tampering with the official records - enabling an analysis of Richard A. Posner's simple plan.   

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Tuesday, December 29, 2009

The Two Posner Orders : AOUSC Executives' Hand in Court's Theft of the $48,903.81

In the summer of 1998, the author Francis K. Fong began an investigation specialized to a written report by Steven C. Beering, Chair, National Science Board, as follows:

Richard A. Posner, 7th Circuit Judge, took a bribe in excess of $250,000 to devise a simple plan (on which is based's contract with Treasury) for the 7th Circuit's use of the Two Posner Orders as follows. 
The $48,903.81 and the John Doe Trust in a res of $261,664.89 are the two sums remaining of the bankrupt Woodmar Realty Company's assets stolen by the courts totaling $2.34m in 1941, see, Congressional Record, Proceedings and Debates of the 92d Congress, 2d Sess., Vol. 118, March 27, 1971, at E3117, to which Fong has asserted a claim against the courts and others. 

Woodmar claimants are successors-in-interest to the unclaimded Woodmar assets in In re Woodmar Realty Company, USDC, N.D.Ind., No. 3151

Woodmar recipients are those revenue officers and NSF OIG (Office of Inspector General) employees named by Steve Beering on the PX 45 tape , in the bribery complaint filed by IRS District Director's Representative John Hunter with IRS Inspection and Exempt Organization, FOIA Document A, on the December return, to whom the $48,903.81 was paid 1978 through Purdue Employees Federal Credit Union (PEFCU), and those disclosed by Fong's internal contact as Outside Stakeholder appointed by Bobby Hunt.  See, Bayh (1-25-10) and FOIA Documents D and E.   

For decades, Posner maintained the plan of Two Posner Orders to shield PCDF's promotion of the Lawler tract for making of the Calvin cycle.  But the shrouds ran afoul.  In February of 1998, the U.S. Attorney (N.D.Ind.) authenticated Beering's written report by order of federal court (Moody).  Contemporaneously, that report became the subject of a contempt of court citation (for perjury, Tippecanoe Superior Court 2, Case No. 79D02-9708-CP-0162) upon Purdue counsel David Starkweather's disavowal of that written report.  Thereafter, Fong began his investigation involving the accounting division of the AOUSC.

Beering's report exploded the simple plan, compelling Moody's manipulations to vanish the $48,903.81, which in turn prompted the IRS EXEC to issue an executive directive for Fong to detect and punish Posner and Moody for the theft of moneys from Treasury. 
Posner could have walked away with his $250,000.  Charges of corruption are common.  The pejorative connotations of the word, "corruption," minimize the normative significance the word itself.  As it turned out, Fong's work was brought to fruition.  On 7-10-98, AOUSC's accounting division wrote:
  • "In reviewing the material you faxed to me yesterday the funds you claim were transferred to the General Funds of the Treasury on 6-28-1973.  (See entry on the docket page (for In re Woodmar Realty Company, No. 3151) identified as Encloaure B of your faxed material.)"
  • "The process for disposing of unclaimed funds at that time were for them to be deposited into the General Fund of the Treasury as miscellaneous receipts [receipt account 101099].  Upon claim by someone entitled to part or all of the proceeds, and a determination by the court of jurisdiction of the authenticity of, and entitlement to the funds, an order would be prepared and mailed to our office.  (emphasus added)  Our voucher examination section would transfer an amount equal to the claim from the General Fund [receipt account 101099] to the trust account [20x6133] from which a check would be issued to the claimant."    
In response, Fong wrote AOUSC: Its message of 7-10-98 was clear.  The 6-28-73 entry for the docket page read: "Escheated Funds in the sum of $48,903.81 forwarded to Treas. (1099) under provisions of Title 28, Section 2042."  ("Section 2042. Withdrawal--No money deposited under section 2041 of this title shall be withdrawn except by order of court.")  The very next entry dated 4-25-74 read: "Woodmar Realty Co. files petition for the release and delivery of its cash assets in the Federal Registery (sic) at South Bend."  Therefore, the $48,903.81 was withdrawn from Treasury in Washington and transferred back to the Federal Registry at South Bend, Indiana, absent the statutorily mandated order of court "prepared and mailed to AOUSC" for its "voucher exmination section to transfer an amount equal to the claim from the General Fund to the trust account from which a check was issued to the claimant." 

In reply, on 11-21-03, referring to the entry for 2-16-78, in which the court "forever barred" claimants failing to file proof of claim (to the $48,903.81 "held in the Registry of the Clerk of the United States District Court for the Northern District of Indiana") as of 4-30-78, Systems Accountant Mike Eisert of AOUSC wrote:
  • "As I said in my previous communication the action of the court in barring a claim against the funds then held appear incorrect but are certainly at the crucx (sic) of your problem.  Why was the action by the court taken in 1978?  And where were the funds held prior to that time?" (emphasis in red provided)
It is therefore reasonable to conclude, pending a formal accounting by the AOUSC showing proof to the contrary, that the court on or before 4-25-74, with the assistance of the management ranks of AOUSC in control of its voucher examination section, withdrew without the requisite order (i.e., stole) the $48,903.81 from Treasury's General Fund [receipt account 101099] and moved it to the trust account [20x6133], from which, in late 1973 or early 1974, they transferred it back to the Federal Registry in South Bend, whence the funds were funneled through the John Doe Trust for PEFCU to pay, in 1978, the Woodmar recipients to protect NSF's DPFS from being exposed by reason of Fong et al's finding in 1977-78 of the chlorophyll water splitting reaction.

Eisert's obaservation, that Treasury lost the $48,903.81 prior to 1978, between the docket entries for 6-28-73 and 4-25-74, thus nailed down AOUSC management ranks' hand in assisting the court's theft of that money.  This is because, he wrote,
  • "This procedure was changed later to permit the courts to make the adjustment for funds previously treated as miscellaneous receipts without this office being involved.  The claim, if otherwise correct, and the funds may be paid by the court by making the adjustment previously made by this office.  This can be done by the district court financial department preparing an AO 283 transferring the money from 109900 (sic) to 613300 with the explanation - "to recover unclaimed funds previously treated as forfeited to distribute to claimant to whom the amount is owed".  The District court can then post the collection to its 613300 balance and issue a check upon receipt of the order to disburse."  (emphasis in red added)
That is, even though the court's role in stealing the $48,903.81 can not be disputed, because the docket is without an entry of the order to withdraw mandated by Section 2042, the role played by the management ranks of AOUSC could have been made ambiguous by the procedural change, had the transfer-back not taken place almost immediately after the $48,903.81 was escheated 6-28-73 to Treasury prior to the procedureal change to permit the courts to make the adjustment for funds without the AOUSC's voucher examination section being involved.

Thursday, December 10, 2009

Beering's Explanation of the Calvin Cycle Conspiracy on the Unedited PX 45 Tape : The 1995 and 1996 Reports on Making of the Calvin Cycle

In 1988, former Purdue University President and Chair of the National Science Board (NSB) Steven C. Beering appeared before the U.S. District Court (N.D.Ind.) to submit a tape recording known as the PX 45 tape.  This tape was an audio recording of a meeting held on 10-6-86 at Hovde Hall, Purdue's Administrative Building.

The meeting was convened by the author Francis K. Fong and Beering.  Present, in addition to Beering and Fong, were the three academic ranks, Provost Varo Tyler, School of Science Dean Ken Kliewer and Chemistry Department Head Harry Pardue.  The purpose was to summarize PEC's (Purdue's Extraordinary Committee) findings concerning NSF's report of 1979 apprising the United States of a conspiracy against Fong, the Calvin cycle conspiracy, which arose from Fong's experimental proof of his discovery of the Calvin cycle.  The PEC consisted of Fong and three academic vice-presidents, Don Brown, Bob Greenkorn and Bill Fischang. 

During the meeting, Beering recounted the origins of the Calvin cycle conspiracy - Purdue's joint venture with MIT dating back to the 1950's to set up the Blue-Book formula for federal re-imbursement of university foundations.  The executives of the federal funding agencies, the NSF and DOE, then known as the AEC, arranged with MIT and Purdue headed by Purdue Treasurer R.B. Stewart to finalize the Blue-Book formula.  They agreed for enhanced budgetary support by Congress, among other things, to establish photosynthesis after the dark reactions in bacterial non-chlorophyllous organisms proposed in the 1940's by Ruben and Kamen.

In the late 1970's, Fong and his co-workers discovered the in vitro plant chlorophyll light reactions.  In 1976, Fong and Nick Winograd demonstrated solar conversion by the chlorophyll photogalvanic cell.  In 1977-78, Fong, Galloway and their co-workers showed that the photogalvanic effect was a manifestation of the in vitro (artificial) plant chlorophyll water splitting and carbon fixation reactions.

During the three decades spanning the 1940's through the 1970's, the state and federal benches in Indiana and Illinois, politicians and their organized crime connections were coordinated in cannibalizing the assets of bankrupt companies seeking protection from the courts.  They perfected a procedure for stealing moneys from the bankruptcy proceedings escheated to the U.S. Treasury.  The method they developed involved executives of the AOUSC (Administrative Office of U.S. Courts) to fix the books of Treasury accounts.  The details of this method were later uncovered by the work of Fong in collaboration with the distinguished, senior accountant Mike Eisert of AOUSC, in the courts' theft in 1977 of the Woodmar trust res in the sum of $48,903.81 from a Treasury account.

Over the years, a steady stream of bribe payments from Purdue Research Foundation were paid out of the thefts from Treasury to successive generations of IRS district directors.  In 1978, the beneficiaries of the bribe payments, revenue officers and NSF lawyers, demanded extra monies to keep under control the chlorophyll solar conversion findings by Fong and his co-workers.  Reported Beering:
"In 1978, MIT's John Deutch worked with the CIA, Senator Lugar's connections with organized crime in Chicago Heights, and NSF Deputy Director George Pimentel ("the Deutch group") to enforce the BDPP scheme. They transferred the Woodmar trust res ("the $48,903.81") from the John Doe Trust through PEFCU for redistribution to NSF OIG lawyers and revenue officers. The purpose was to make sure that your discovery of the Calvin cycle remains unknown to the world. The academic departments in this country have been advised of dire consequences should they fail to heed NSF lawyers' warning - delivered by various appropriate means - that they are not to take note of what you report. Should you press the issue, you, your family and close associates will be dealt with drastic measures."
On Beering's submission of the original, unedited PX 45 tape was based Fong's report of 1995 to Internal Revenue Commissioner Margaret Richardson.  The Commissioner approved the 1995 report, but was unable to overcome certain elements within the Service.  Her approval instead led to the death threats received 1-3-96 by Fong, his wife Margreta, and their youngest son, Peter. 

The death threats in turn prompted IRS District Director's Representative John Hunter to file an internal complaint of bribery and conspiracy with IRS Internal Security and Exempt Organization. 

MMRF Sale : The 1995 Report

On the PX 45 tape, Beering corroborated (10-8-86) a patterned activity for control of the Indiana Supreme Court, the 7th Circuit, and the U.S. Attorney for the Northern District of Indiana, Shepard (1-25-94), by organized crime elements, ibid. at 1-2.  The activity made possible Purdue Trustees' "MMRF sale" as follows. 

In 1973-74, emerged a bribery-conspiracy for the public corruption of AOUSC executives.  A notable example given above was the withdrawal if the $48,903.81 from Treasury to supplement PCDF's (Purdue-Calumet Development Foundation) development of the Lawler tract, which Purdue Trustees President Don Powers called the Munster Plains.  Purdue Research Foundation (PRF) sold the Lawler tract, Shepard (1-25-94) at 32, 39-40, to Munster Medical Research Foundation (MMRF) of which Powers was also the President. 

To establish the bribery-conspiracy for PRF's MMRF sale, a mechanism for paying off judges and politicians, Roger Branigin, one-term Indiana governor, founding partner of Stuart & Branigin and officer/counsel for PRF, during the 1950's and 1960's, installed East Chicago mayors Walter Jeorse and John Nicosia in PCDF to promote the MMRF sale, from which Purdue officers profited through Branigin's purchase of land in Woodmar Realty Company's bankruptcy proceedings in U.S. District Court (Cause No. 3151) from Judge Swygert and Donald Gardner involving a fictitious intermediate "John A.W. Hansingford." See ibid. at 32. Through PCDF, Nicosia, East Chicago city attorney Jay Given and PRF officers made kickbacks to the 7th Circuit from reimbursement payments paid by the U.S. Government to PRF and a federal housing project awarded to East Chicago Development Corp., funded by the U.S. Department of Housing and Urban Development. In return, Swygert designated Judge Perry to set aside a 1973 guilty verdict of Nicosia on a bribery charge. Ibid.

The mastermind of the bribery conspiracy was Richard A. Posner, who received in excess of $250,000 from the Purdue Trustees to design the simple plan for the transfer of moneys from Treasury.  The MMRF sale made Powers et al sufficiently viable financially to control the CIA and FBI operations in the Northern District for Indiana and, ultimately, Evan Bayh, Indiana Secretary of State, then, Indiana Governor and, finally, United States Senator Richard G. Lugar.  The Purdue Trustees' lucrative development using moneys from Treasury, supplemented by other federal "re-imbursement payments," which made its indelible mark on making of the Calvin cycle as the NSF's dark photosynthesis funding standard, ("DPFS") was summarized in the 1995 report addressed to President Clinton and Commissioner Richardson.

A Brief History of the Calvin Cycle
Beering's disclosure on the PX 45 tape of a brief history of the Calvin cycle led Posner to order the MacLauchlan killing, the subject of the "Alternative Writ of Mandamus" issued 1-10-94 by the Indiana Supreme Court.  That disclosure also prompted the 7th Circuit to contact Fong's lawyers Jerry Clousson and Peter Baugher not to file appellate brief, ibid. at 33, to enable its issuance of the "Second Posner Order," 976 F.2d 735, affirm692 F.Supp. 930

In response, Beering in a written account reported the $20,000 sum from Purdue Trustees' MMRF sale paid to the court in United States v. Bursten.  Beering's description of the $48,903.81 transfer-back and the $20,000 payment became established as public record in the judge disqualification proceedings involving the late Honorable Allen Sharp, the "Bursten judge" and author of 692 F.Supp. 930.

In 1978, the NSF by its site visit found for the author Francis K. Fong's chlorophyll water-splitting results.  In 1986, Purdue administration aknowledged that Fong was the first to have demonstrated in vitro the chlorophyll water splitting reaction.  Beering testified under oath to vouch for NSF's finding by its site visit and Fong's long series of papers culminating in the Fong-Butcher model (1988) as "correct ***, upheld and indeed any questions *** removed," in corroboration of the C-14 tracer studies dating back to 1955 by Lawrence Radiation Laboratory (LRL) workers.  Collectively, Fong, Calvin and their associates showed proof of photosynthesis as a non-cyclic light reaction, contrary to the interpretation (1941) by Sam Ruben (1941), which evolved into the present-day interpretation of photosynthesis as a dark reaction cycle, the Calvin cycle.

Beering on the PX 45 tape explained Calvin's seminal role in enabling PRF's MMRF sale of the Lawler tract in Purdue trustees' institution in 1955 with MIT of the "Blue-Book Formula" for federal reimbursement ("overhead") payments of federally funded projects.  They formed the PCDF to enter into an agreement with Calvin, by which Purdue chemistry instructor Dale W. Margerum issued a news release to announce, contrary to fact, that Calvin experimentally demonstrated the dark reaction cycle, so "it is possible to define reagent requirements to maintain" in vitro the carbon reduction in the dark. Thereby Calvin himself made the claim that, "by a separate collection of soluble chemicals," all of the reaction steps in the dark cycle had been performed.  In 1960, Calvin won the Nobel Prize in Chemistry for the Calvin cycle, and PRF obtained federal reimbursement moneys from PCDF's East Chicago Federal Loan and Grant Contract (FLGC).  

NSF's DPFS as a result became established as tried and true.  In 1978, Posner funneled the $48,903.81 through the John Doe Trust.  He then used Dale Margerum's connections in West Lafayette for transferring to PEFCU the $48,903.81 for redistribution by NSF Deputy Director Pimentel to pay the revenue officers and NSF OIG employees, the Woodmar recipients.  The recipients then enforced the DPFS by their procurement of Reviewer No.8 to reject Fong's renewal proposal for the chlorophyll water splitting reaction, after Reviewers Nos. 1-7 recommended funding of the same. 

MacLauchlan Killing, an IDR Issue : The 1996 Report

Steve Beering's account on the PX 45 tape, which Fong summarized in the 1995 report, was succeeded by Fong's description of the MacLauchlan killing in the 1996 report

His investigation in collaboration with AOUSC's Accounting Division--of how the Calvin cycle acquired the force and effect of law for the federal funding of all photosynthesis research -- shed light on the MacLauchlan murder mystery for identifying members of the "NSF-funded center for photosynthesis" disclosed by accountant Kelly Lee of AOUSC: 
  1. The court's (Moody) transfer of the PX 45 tape for DOJ (Tax) Chief Mullarkey to take matter from it, to match the shortened PX 45 transcript by Beering;
  2. Posner's contract for killing Don MacLauchlan, sponsor for NSF Proposal No. DCB 8822928 and FSR (Fong Solar Research) incorporator and Financial Vice-President, for the 7th Circuit's issuance of the Second Posner Order;
  3. IDR outside counsel Bob Bauman's procurement of the "order denying writ petition" to supplant the Alternative Writ, which directed Tippecanoe Superior Court 2 (Tom Busch, Judge) to file a report on the MacLauchlan killing;
  4. Mullarkey's removal of the December return, in which Fong incorporated the 1996 report on the MacLauchlan killing ordered by Posner, from IRS's administrative file in March of 1998;
  5. PEFCU's attribution to NSB Member France Cordova of the RNFTL introduced by other than IRS revenue agents to supplant the ANFTL release of 4-16-08 recorded by IRS EXEC (Executive Division of the IRS);
  6. Busch's recording of the RNFTL to enable Indiana Justice Sullivan's certification of the order to enable the Moody action for the payment plan for rendering impotent the House Subcommittee's investigation of the FBI PX 45 request.
  7. Busch's warning to lawyers and judges issued on the occasion of IDR Deputy General Counsel Doug Klitzke's letters communicated at Henninger's behest to petition Governor Daniels for state authorities' investigation of the relevant issues arising from Bauman's procurement of the order for concealing the MacLauchlan killing.        
Busch issued the warning on account of Klitzke's correspondence in response to Fong's suggestion to involve Governor Daniels, presumably because Purdue Trustees' East Chicago's organized crime affiliations connected them to the drug-traficking in Terre Haute across the Indiana-Illinois stateline, culminating in the gangland slayings, IDR's (Indiana Department of Revenue) submissions of 2002 at 5, fn.1, for IDR General Counsel Office's rectification of the killings of PCDF Director Jay Given and Don MacLauchlan.  See, also, Shepard (1-25-94) at 1-2, 4, 44-45.  The submissions resulted IDR General Counsel's approval of the Henninger resolution in compliance with the Indiana Supreme Court's Alternative Writ.