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 NSFfunding.com's contract with Treasury) for the 7th Circuit's use of the Two Posner Orders as follows. 

• In 1984, Posner entered the First Posner Order, Crumpacker v. Gettinger, USDC, N.D.Ind., No. H83-700 (7-12-84), to cover up PCDF Director Jay Given's gangland slaying for the $5,000 bribe he paid Judge James T. Moody.  With this order, the court barred Woodmar claimants from getting paid the Woodmar trust res in the sum of $48,903.81, which it funneled through the John Doe Trust. 
• In 1992, Posner entered the Second Posner Order, 976 F.2d 735, in anticipation of the death of the last of all Woodmar claimants, for the court to bar Fong as finder from claiming the Woodmar's cash assets.  With this order, the court would "grant" the dead (fictitious) claimants the $48,903.81 disbursed 1978 to the Woodmar recipients in furtherance of NSF's Dark Photosynthesis Funding Standard (DPFS).

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.

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, affirm. 692 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.