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.

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