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 NSFfunding.com'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 NSFfunding.com'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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