Bill Benson - Petition for Certiorari

[cynicalflyer]

Whitfield v. Texas (527 U.S. 885) OVERVIEW: Where petitioner had abused the writ of certiorari and the extraordinary writs in civil cases, the court limited its sanction accordingly and barred petitioner from seeking such relief in any other civil cases.

Day v. Day (510 U.S. 1) OVERVIEW: Motions for leave to proceed in forma pauperis were improper and denied because the petitioner was an abuser of the court's certiorari process and refused to heed the court's warning to stop filing frivolous motions.

Martin v. District of Columbia Court of Appeals (506 U.S. 1) OVERVIEW: Because petitioner filed 45 petitions for certiorari in 10 years, which were all denied without dissent, and he was a notorious abuser of the certiorari process, his petition for leave to proceed in forma pauperis in a certiorari proceeding was denied with direction to the clerk to refuse future in forma pauperis petitions in noncriminal matters.

Zatko v. California (502 U.S. 16) OVERVIEW: The court denied the individuals leave to proceed in forma pauperis because the pattern of repetitious filing by the individuals resulted in an extreme abuse of the system and the court sought to deter future similar frivolous practices.

[Dezcad]

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 16 2009 Petition for a writ of certiorari filed. (Response due November 19, 2009)
Oct 27 2009 Waiver of right of respondent United States to respond filed.
Nov 4 2009 DISTRIBUTED for Conference of November 24, 2009.
Nov 30 2009 Petition DENIED.

[Nikki]

Next step -- petition for reconsideration.

Outcome -- identical.

[Pottapaug1938]

Next step -- petition for reconsideration.

Outcome -- identical.

And after that, endless whining about the Court's lack of courage as shown by their refusal to See the Truth and confront the evil, nasty, crimes of the IRS....

[LPC]

Next step -- petition for reconsideration.

Nope, time to move on to the International Court of Justice.

[Nikki]

Which court will find FOR Benson, thereby relieving him of the obligation to pay any international income taxes.

[Dr. Caligari]

Nope, time to move on to the International Court of Justice.

Aren't they too busy with Nesara cases?

[notorial dissent]

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 16 2009 Petition for a writ of certiorari filed. (Response due November 19, 2009)
Oct 27 2009 Waiver of right of respondent United States to respond filed.
Nov 4 2009 DISTRIBUTED for Conference of November 24, 2009.
Nov 30 2009 Petition DENIED.

That was quick, a lot quicker than I really expected. Considerably quicker than Pete got. They must have really wanted to thin out the dross before the break. I bet they punted it the 25th and it just didn't get posted until today, since this was the next business day, since I just can't see them reconvening on the Friday after Thanksgiving.

In any event, one more down the tubes, and as someone else has pointed out, I am sure he will try again to the same end as did Pete. They just aren't going to waste their time on something long over and done with. Not that Benson will ever get that point, since he can't seem to follow the rest of it either.

[Quixote]

Dickstein has told Chris Hansen's teaparty group that he has a second shot at the Court considering his 16th Amendment argument. He is so sure that the Court won't hear it, he has predicted certain victory if cert is granted.

Original Message-----
From: "Jeffrey A. Dickstein" <jdlaw1@...>
To: "Jeffrey A. Dickstein" <jdlaw@...>
Subject: HAPPY NEW YEAR - Benson/Hirmer Update
Date: Sun, 27 Dec 2009 10:22:48 -0600

Please distribute to your mailing list

Would a 15-30% increase in your pay check every month make your New Year happier? That would be the result of the United States Supreme Court deciding to hear the case of Hirmer v. United States, Case No. 09-651.

Claudia and Mark Hirmer, mother and father of six children, are on criminal trial with eleven other people:

What they did was sell tickets to attend a several day seminar where people, just like you, peacefully assembled to hear speakers on a wide variety of topics. One such topic was the 17,000 official, certified, national and state documents that conclusively prove the income tax is a massive fraud.

What they are charged with is conspiracy to defraud the government, conspiracy to commit wire fraud, conspiracy to commit money laundering, wire fraud, and income tax evasion. Conviction could result in more than a hundred years in prison.

The Hirmers filed a motion to dismiss the indictment and supported it with the actual official, certified, documents. The district court, unable to assail the validity of the documents and what they prove, refused to consider the documentation. This refusal is now before the United States Supreme Court. All the court documents, including the uncontested proof of the government fraud, are here. Unlike the government, we have nothing to hide.

On the website, http://fightbacknow.us/fight.aspx, he is urging readers to write to the Court to "demand—always politely—that they vote to hear the Hirmer's Petition for Writ of Certiorari".

[Nikki]

Dickstein is a strong proponent of the pasta school of legal practice:

If you keep throwing noodles against the wall, eventually one is likely to stick.

Of course, you have to try ziti, rotini, elbows, fetuccini, etc -- one after the other -- to ensure you're not sanctioned for relitigating a moot issue.

[fortinbras]

With reference to the Hirmer case: So far, all I could find was a civil tax case, US v. Pinnacle Quest International, working its way up and down in the Northern District of Florida. It would appear that Claudia Hirmer, et al., were not just selling tickets curbside to a tax protest meeting, they were running this outfit, PQI, which was aiding and abetting violations of the tax laws. Far from presenting all the documents and having nothing to hide, they've all claimed their Fifth Amendment right to keep silent -- although the govt is arguing that Claudia at least waived that right when she testified in opposition to an injunction in the civil case.

They are losing completely in the civil case, I have no idea about what's happening with the criminal case.

[LPC]

Dickstein has told Chris Hansen's teaparty group that he has a second shot at the Court considering his 16th Amendment argument. He is so sure that the Court won't hear it, he has predicted certain victory if cert is granted.

Original Message-----
From: "Jeffrey A. Dickstein" <jdlaw1@...>
To: "Jeffrey A. Dickstein" <jdlaw@...>
Subject: HAPPY NEW YEAR - Benson/Hirmer Update
Date: Sun, 27 Dec 2009 10:22:48 -0600

Please distribute to your mailing list

Would a 15-30% increase in your pay check every month make your New Year happier? That would be the result of the United States Supreme Court deciding to hear the case of Hirmer v. United States, Case No. 09-651.

Claudia and Mark Hirmer, mother and father of six children, are on criminal trial with eleven other people:

What they did was sell tickets to attend a several day seminar where people, just like you, peacefully assembled to hear speakers on a wide variety of topics. One such topic was the 17,000 official, certified, national and state documents that conclusively prove the income tax is a massive fraud.

FYI: The Hirmers were principals in Pinnacle Quest International.

They are currently under indictment, and trial is currently scheduled for May 2010.

There was a motion to dismiss the indictment, which was denied. The denial itself was not appeallable, so Dickstein filed for a writ of mandamus and prohibition with the 11th Circuit, which was denied. (Unfortunately, the documents filed in the 11th Circuit are not available through PACER.)

If it is possible for a case to have less than a zero chance of cert, this would be it.

[LPC]

Dickstein is a strong proponent of the pasta school of legal practice:

If you keep throwing noodles against the wall, eventually one is likely to stick.

Of course, it's not pasta he's throwing, and he's completely missing the wall.

Better metaphor: He keeps throwing crap into the air, hoping some of it will hit something (other than him, of course).

[wserra]

(Unfortunately, the documents filed in the 11th Circuit are not available through PACER.)

While I don't know Dickstein personally, I know the type. I suspected he would have put the docs up on his own site, and he did.

The petition for the writ of mandumbass is 129 pages, including the appendix; of that, the actual petition consists of 28 pages. The opinion of the Eleventh Circuit, in its entirety, consists of this:

The petition for writs of mandamus and prohibit is DENIED.

I can hear the proofreader now: "It's Dickstein. Why bother with grammar?"

The Dickstein-Becraft cert petition itself is 49 pages. With all due respect to Dan, I think he overestimates its chances of success greatly. For anyone who wishes to follow it, the SCOTUS docket is here.

[Imalawman]

(Unfortunately, the documents filed in the 11th Circuit are not available through PACER.)

While I don't know Dickstein personally, I know the type. I suspected he would have put the docs up on his own site, and he did.

The petition for the writ of mandumbass is 129 pages, including the appendix; of that, the actual petition consists of 28 pages. The opinion of the Eleventh Circuit, in its entirety, consists of this:

The petition for writs of mandamus and prohibit is DENIED.

I can hear the proofreader now: "It's Dickstein. Why bother with grammar?"

The Dickstein-Becraft cert petition itself is 49 pages. With all due respect to Dan, I think he overestimates its chances of success greatly. For anyone who wishes to follow it, the SCOTUS docket is here.

What a waste of time and effort.

[wserra]

What a waste of time and effort.

Oh, no. I'm sure he was paid.

[fortinbras]

The petition for certiorari essentially repeats Benson's Law That Never Was. This argument has already, even when presented by Benson himself, been repeatedly and consistently rejected.

In essence, the argument is that, examining the various bits of correspondence by which state legislatures' ratifications of the proposed 16th Amendment were reported back to the US Secretary of State, it turns out that a number of states quoted the proposed amendment with slight variants --- the vast majority were rather obvious spelling and typing errors (remember this was 1913 and even electric typewriters and White-Out did not yet exist) which make no sense if taken literally, but a few were changes in word order or some such. These variants were dutifully noticed by the State Dept legal staff which provided an official opinion to the Secretary (Knox) that, inasmuch as the States themselves could not validly alter the text of a proposed Constitutional amendment, all these variants must be unintentional and (although this was not set out, we have no evidence of when or by whom the variant was introduced but it may have been only in the letter reporting the ratification and not seen by the legislature which may have had the exact and true text in front of it when voting) therefore the ratification must be of the text approved by Congress and will be counted as such.

Supporting the State Dept's opinion and opposing Benson's (and Dickstein's) argument is the FACT that, even in the years following the ratification and adoption of the 16th Amendment, NO State Legislature, nor even a single member of a Legislature, declared "We thought we were voting to ratify something else." The proposed 16th Amendment had been available to everyone in its exact and true text in a great number of ways, and so a typo that might have been made ONLY in the typed letter to the Secretary of State cannot be allowed to frustrate the clear intentions of the legislative bodies.

[grixit]

(Unfortunately, the documents filed in the 11th Circuit are not available through PACER.)

While I don't know Dickstein personally, I know the type. I suspected he would have put the docs up on his own site, and he did.

The petition for the writ of mandumbass is 129 pages, including the appendix; of that, the actual petition consists of 28 pages. The opinion of the Eleventh Circuit, in its entirety, consists of this:

The petition for writs of mandamus and prohibit is DENIED.

I can hear the proofreader now: "It's Dickstein. Why bother with grammar?"

The Dickstein-Becraft cert petition itself is 49 pages. With all due respect to Dan, I think he overestimates its chances of success greatly. For anyone who wishes to follow it, the SCOTUS docket is here.

From the disclosures in the Mandamus document:

Corporations mentioned in the indictment are:
Pinnacle Quest International, Inc., a Panamanian
Corporation, and Synergy Productions International,
Inc., a Panamanian Corporation.
One hundred percent of the stock of Pinnacle Quest International, Inc.
and Synergy Productions International, Inc. is held by
Hope International Foundation, a Panamanian private
interest foundation.

It does not say who owns Hope. Can anyone here look that up?

[bmielke]

From the disclosures in the Mandamus document:

Corporations mentioned in the indictment are:
Pinnacle Quest International, Inc., a Panamanian
Corporation, and Synergy Productions International,
Inc., a Panamanian Corporation.
One hundred percent of the stock of Pinnacle Quest International, Inc.
and Synergy Productions International, Inc. is held by
Hope International Foundation, a Panamanian private
interest foundation.

It does not say who owns Hope. Can anyone here look that up?

I am pretty sure that this site, https://www.registro-publico.gob.pa/scr ... b/prinpage will get you your answer. However my spanish is very rusty. THe website it's self is in spanish and I don't see anywhere to go into English so, if someone out there is better off in the Espanol Department then I they might be able to find an answer for you.

[wserra]

if someone out there is better off in the Espanol Department then I they might be able to find an answer for you.

I suppose that would be me. Here you go:

Nombre de la Fundación

HOPE INTERNATIONAL FOUNDATION

Fecha de Registro: 02-05-2002 Status: VIGENTE
No. Escritura: 3008 Fecha de Escritura: 29-04-2002
Notaria: 45
NOTARIA DUODECIMA DEL CIRCUITO
Provincia Notaria: PANAMA
Duración: PERPETUA Domicilio: PANAMA
Datos 1a. Tasa Unica: 0 Fecha de Pago: 00-00-0000
Agente Residente: LEGAL COUNSELLING SERVICES
Datos del Diario

Tomo: 2002 Asiento: 44762
Datos de Microfilmación

Rollo: 0 Imagen: 0
Moneda: DOLARES AMERICANOS.
Patrimonio: 10,000.00
Descripción del Patrimonio
EL PATRIMONIO INICIAL DE LA FUNDACION ES DE DIEZ MIL DOLARES .-

Nombre de los Miembros
PPG PRESIDENTIAL SERVICES

Cargo de los Miembros Nombre de los Miembros
FUNDADOR PRESIDENT SERVICES INTERNATIONAL, INC.
MIEMBROS DEL CONSEJO PPG PRESIDENTIAL SERVICES

Nombre de los Fundadores
PRESIDENT SERVICES INTERNATIONAL, INC.

Personas con Derecho a Firma
LA FIRMA DEL REPRESENTANTE LEGAL DE LA FUNDACION CUANDO EL CONSEJO DE
FUNDACION ESTE INTEGRADO POR UNA SOLA PERSONA NATURAL O JURIDICA,
O LA FIRMA CONJUNTA DE CUALESQUIERA DOS DE LOS MIEMBROS DEL CONSEJO
DE LA FUNDACION CUANDO LO INTEGREN MAS DE UNA PERSONA, CON RESPECTO
A CUALQUIER ACTO, TRANSACCION O NEGOCIO DE LA FUNDACION, OBLIGARA A
LA MISMA.

That's not that helpful. Pursuing the founders, "PRESIDENT SERVICES INTERNATIONAL, INC":

PRESIDENT SERVICES INTERNATIONAL, INC. (PSIINC)

Tomo: 0 Folio: 0 Asiento: 0
Fecha de Registro: 03-01-2002 Status: VIGENTE
No. de Escritura: 14 Fecha de Escritura: 02-01-2002
Notaria: 43
NOTARIA DECIMA DEL CIRCUITO
Provincia Notaria: PANAMA
Duración: PERPETUA Domicilio: PANAMA
Status de la Prenda: (DEF-DEFINITIVA, PRE-PRELIMINAR)
Datos de 1a. Tasa Única

Boleta: 0 Fecha de Pago: 00-00-0000
Agente Residente: PANAMA OFFSHORE LEGAL SERVICES, (POLS)
Datos del Diario

Tomo: 2002 Asiento: 471
Datos de Microfilmación

Rollo: 0 Imagen: 0
Moneda: DOLARES AMERICANOS.
Monto de Capital: 10,000.00
Capital

EL CAPITAL SERA DE DIEZ MIL DOLARES DIVIDIDO EN DIEZ MIL ACCIONES QUE
PODRAN SER NOMINATIVAS O AL PORTADOR INTERCAMBIABLES LAS UNAS POR LAS
OTRAS FRACCIONABLES Y DE UN VALOR NOMINAL DE UN DOLAR CADA UNA.

Representante Legal

EL PRESIDENTE Y EN AUSENCIA DE ESTE, LA PODRA EJERCER CUALQUIERA DE
LOS DIGNATARIOS.

Título del Dignatario Nombre del Dignatario
PRESIDENTE ANTONIA OJO
TESORERO MIRTA MOJICA DE QUINTERO
SECRETARIO GERASIMO SAMUDIO

Nombre de los Directores

ANTONIA OJO
MIRTA MOJICA DE QUINTERO
GERASIMO SAMUDIO

Nombre de los Suscriptores

ELENA RODRIGUEZ MORAN
ANTONIA OJO

You've got some names there. Good luck checking them out.

I don't think that a bunch of gringo scammers incorporate in Panama in order to be easily found.