They just never learn (all caps name gibberish ruled on)

Discussion of various forms of Advance Fee Fraud, including application fees for loans that never materialize, self-liquidating loan scams, as well as mortgage elimination scams and related debt elimination scams [Nigerian-type scams should go in the Nigerian 4-1-9 forum]
Judge Roy Bean
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They just never learn (all caps name gibberish ruled on)

Postby Judge Roy Bean » Tue Oct 21, 2008 4:41 pm

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
KURT F. JOHNSON,
Defendant.
No. 08-02325 JSW
ORDER DENYING MOTION TO
QUASH - DEMUR - BILL OF
PARTICULARS

Now before the Court is the motion entitled “motion to quash - demur - and/or bill of
particulars” filed by defendant Kurt F. Johnson. Mr. Johnson argues that he is not a party to
this lawsuit because the caption spells his name in all capital letters. This type of “name game” has been uniformly rejected by courts as frivolous. See, e.g. American Silver LLC v. Emanuel Covenant Communities, 2007 WL 1468600, *3 (D. Utah May 17, 2007) (characterizing the defendants’ argument – that using all capital letters in a name is different than using all lower case letters or capitalizing the first letter – as absurd); see also United States v. Bradley, 2001 WL 997428 *1 (6th Cir. 2001) (rejecting “frivolous tax-protestor arguments” including the argument that “ ‘Edgar Francis; Bradley’ is a natural born man of the State of Ohio, while ‘Edgar F. Bradley’ is merely a corporate fiction”); United States v. Gonzalez, 2007 WL 805992 *3 (4th Cir. 2007) (per curiam) (concluding the defendants arguments alleging that because the indictment spelled their names using all capital letters that the government failed to properly identify them as “real, live flesh and blood M[en]” were completely frivolous); United States v.Lindsay, 184 F.3d 1138, 1144 (10th Cir. 1999) (concluding that the defendants refusal to review court correspondence on which his name appeared in all capital letters was an obstruction of justice and provided a basis for a harsher penalty). This Court also rejects Mr. Johnson’s “name game” as frivolous and, thus, denies his motion.

IT IS SO ORDERED.
Dated: September 26, 2008
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE


The order was in response to a filing in which Johnson tries, again, the all-caps name gibberish, i.e.:

It is believed that the service of the summons and complaint should be quashed and a demur should be granted because the party to the suit is not the party served.

The caption list a KURT F. JOHNSON in all capitals in spelling which is not my given name. I'm certain that under the doctrine of idem sonans they are pronounced the same, but outside this similarity the caption is a misnomer as to myself and a confusion in commerce. In the text my given name received its proper spelling but associates it with right and actions I am not a party to. The main ascertion [sic] in the complaint is to challenge the interest of a Secured Party listed in a UCC financing statement numbered 07-7123956565 filed in California.

I am not that party. A clear reading of the instrument in question list a KURT JOHNSON which is an organization - a fiction. I am neither of these things.


No, Kurt, you're just a convicted felon serving time and about to face more charges of filing another bogus instrument.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three

Ragnar

Re: They just never learn (all caps name gibberish ruled on)

Postby Ragnar » Tue Oct 21, 2008 7:41 pm

Noob here. Been lurking for awhile.

Could someone explain the theory behind the name game? I know its delusional, but the true believers must have some kind of reasoning behind it.

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wserra
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Re: They just never learn (all caps name gibberish ruled on)

Postby wserra » Tue Oct 21, 2008 8:42 pm

Ragnar wrote:I know its delusional, but the true believers must have some kind of reasoning behind it.


Why?

But welcome to Quatloos, Ragnar. What happened to your "ok"? Lost in the flood?
"A wise man proportions belief to the evidence."
- David Hume

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Re: They just never learn (all caps name gibberish ruled on)

Postby Prof » Tue Oct 21, 2008 9:45 pm

wserra wrote:
Ragnar wrote:I know its delusional, but the true believers must have some kind of reasoning behind it.


Why?

But welcome to Quatloos, Ragnar. What happened to your "ok"? Lost in the flood?


You will find a little history in some of the cases cited above. However, all of this relates to an almost incomprehensible theory that goes like this:

The US became bankrupt in the 1930's
The debt it owed, largely to the English monarch, was then collateralized by the labor of all Americans; each American has a corporate or straw entity, represented by the name in capital letters. Each American -- who has a social security number -- is in this system, and has a secret account at the Treasury representing his or her accumulated value. That account can sometimes be accessed and has been but the successes have been concealed. The knowledgeable can reject the corporate entity represented by the all-caps spelling. Only the straw entity is subject to the jurisdiction of the federal (or perhaps any) court because courts are corporate-created entities by the corporate US and corporate states and corporate municpalities and therefore a lawsuit with all caps names does not reach the natural, living human. All lawyers are part of this because all lawyers are licensed by the BAR, or the British Accredited Registry, which ties to the liens held on all of us by the Queen of England.

I don't understand any of this, but look at sovereignty arguments and redemption arguments. Perhaps you will get it better than I do.

Also, don't forget, that Erie RR v. Tomkins abolished the common law in federal courts. That 30's diversity case ties in somehow.

The layers within layers of conspiracy, etc., is just too hard to follow and the logic is clearly lacking.

Somehow, this also all ties into the Federal Reserve, international banking, the Jews, the Illuminati, the Communits, etc., etc. Pick your particular paranoid and racist delusion.
"My Health is Better in November."

Judge Roy Bean
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Re: They just never learn (all caps name gibberish ruled on)

Postby Judge Roy Bean » Tue Oct 21, 2008 10:29 pm

Hence the concept of being "in commerce."

It really is an escapist realm where the knowledgeable claim to have removed themselves from the tribulations associated with being in "the system."

The fact that many perpetrators of various minor offenses who fight "the system" with these fantasies are doomed seems to be lost on the promoters. Myths about successes are easy to find. Apparently they don't realize or care that they've contributed to the destruction of a family in some cases.

The real victims are the spouses and children of the idiots who are willing to play a very dangerous game that can wind up in incarceration or with financially debilitating fines in criminal cases. The civil cases are more common but can be just as damaging. Most of them are already on shaky financial ground when the real problems start. Wages get garnished, child support issues come into play, the utilities are in jeopardy, the vehicle(s) get repo'd, the rent or house payment doesn't get made and there they sit on the Internet printing out pages and pages of gibberish that will stop the courts in their tracks. Some of them wind up in bankruptcy.

I don't think we as a society recognize the real costs of this kind of nonsense.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three

Ragnar

Re: They just never learn (all caps name gibberish ruled on)

Postby Ragnar » Wed Oct 22, 2008 12:26 pm

[quote="wserra
But welcome to Quatloos, Ragnar. What happened to your "ok"? Lost in the flood?[/quote]

I believe you'll find that Ragnar is a proper name and has no "ok".

Ragnar

Re: They just never learn (all caps name gibberish ruled on)

Postby Ragnar » Wed Oct 22, 2008 12:28 pm

Thanks for the info. Like I surmised, these people are delusional. I would guess that gold-fringed flags figure into this nonsense as well.

Nikki

Re: They just never learn (all caps name gibberish ruled on)

Postby Nikki » Wed Oct 22, 2008 1:09 pm

Ragnar wrote:Thanks for the info. Like I surmised, these people are delusional. I would guess that gold-fringed flags figure into this nonsense as well.


Au contraire :!:

The gold-fringed flags theory is a completely separate delusion as follows:

Since the laws concerning the construction, appearance, and display of the flag make absolutely no mention of fringes of any color, then the fringed flag which is diaplayed in courtrooms can not be the proper flag of the United States.

Therefor, it is a different flage, specifically denoting something else. {At this point the theories diverge.}

It is {depending on the lunatic's guru of choice} either the Battle Flag of the United States -- thereby placing the dim-bulb in a court of martial law -- or some other flag which designates that the court is operating solely under Admiralty law.

In either of these cases, the solution is simple. The defendant enters the courtroom carrying a small OFFICIAL flag of the United States, sans fringes. This establishes a small, mystical zone of sovereignty mmaking him immune from any actions goming from these foreign jurisdictions. Mr. Nutso, at the onset of the proceedings, rises whil holding the flag for all to see, announces to the court that he is a sovereign citizen and refuses to accept the artificial {martial / admiralty} jurisdiction, turns, and walks out of the court within his personal bubble of sovereignty.

This has been proven to be 100% effective -- until he reaches the marshals or bailiffs at the courtroom doors.

ErsatzAnatchist

Re: They just never learn (all caps name gibberish ruled on)

Postby ErsatzAnatchist » Thu Oct 23, 2008 1:42 pm

Nikki wrote:
Ragnar wrote:Thanks for the info. Like I surmised, these people are delusional. I would guess that gold-fringed flags figure into this nonsense as well.


Therefor, it is a different flage, specifically denoting something else. {At this point the theories diverge.}


When Hell freezes over and I get elevated to the bench, I plan on having two flags for my Courtroom. One will be the standard indoor flag with the gold fringe, and one will be the no-fringe version. The no-fringe version will normally be kept in my chambers.

Whenever one of these nut balls comes into my courtroom and complains about the gold fringe, I will order the courtroom deputy to conduct the "Changing of the Jurisdiction" ceremony and swap the flags. Having thus changed the jurisdiction of the Court by the simple act of swapping the flag, I will proceed the hammer the dumb*ss.

Who would have thought that the jurisdiction of the Court could be changed by the mere changing of the flag in the Courtroom. Most people who have read the Constitution know that the jurisdiction of the lower courts (any Court other than the Supreme Court) is created by Congress.

BTW, I know my silly fantasy would be a bad idea. The dumb*ss would use it as proof that the gold fringe issue is real.

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Re: They just never learn (all caps name gibberish ruled on)

Postby Dr. Caligari » Sat Nov 08, 2008 1:56 am

I was once in court to argue a motion and I saw some nutjob (a party to the case being heard before mine) argue to the judge that the court had no jurisdiction because the flag had a gold fringe. The opposing lawyer said, "your Honor, I'm sure we could resolve this issue with a pair of scissors."
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(Du musst Caligari werden!)


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