Sharon Anzaldi sentenced

Lambkin
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Sharon Anzaldi sentenced

Post by Lambkin »

Prepared 3000 fraudulent returns and then tried some typical sovereign stunts. 63 months.
http://www.chicagotribune.com/news/loca ... 1754.story
Sharon Alicia Anzaldi, 67, was sentenced to 63 months in federal prison by U.S. District Judge Harry Leinenweber, who ordered her to start serving her sentence Feb. 25. Anzaldi, who was ordered to pay $851,142 in restitution to the IRS for filing the false returns on behalf of herself, family members and friends, was found guilty of causing the IRS to pay more than $1 million in bogus refunds, prosecutors said in a news release.
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Re: Sharon Anzaldi sentenced

Post by Lambkin »

By the way, we also know Sharon from the RUSA fruitcake extravaganza thread.
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Re: Sharon Anzaldi sentenced

Post by Famspear »

I've just added her to the Wikipedia article, which is comin' along nicely.....

https://en.wikipedia.org/wiki/Sovereign ... n_movement
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Re: Sharon Anzaldi sentenced

Post by Kestrel »

There was one other fraud case announced at the same time. It wasn't a sov'run. It was just an unscrupulous tax return preparer helping her community at everyone else's expense.
VERLEAN HOLLINS, who owned Taxes, Etc., Inc., a tax preparation business located in the 2300 block of East 71st Street [in Chicago], between at least 2010 and 2012, pleaded guilty to two counts of aiding and assisting in the preparation of false federal income tax returns. Hollins, 43, of South Holland, who was charged on Dec. 19, faces a maximum sentence of six years in prison and a fine of nearly $800,000 when she is sentenced on April 22 by U.S. District Judge Samuel Der-Yeghiayan.

Hollins admitted that for calendar years 2009 through 2011, she filed a total of 3,193 individual income tax returns for clients, each of which falsely claimed higher education tax credits. As a result, she falsely claimed refunds totaling more than $3.372 million for her clients, the majority of whom paid her approximately $125 to prepare their returns, although her fee ranged between $25 and $400. The vast majority of Hollins’ clients never indicated that they or a dependent were eligible for a college tuition credit, and among the small number of her clients who were eligible for the tax credit, none provided any documents to support eligibility.
http://www.enewspf.com/latest-news/law- ... cases.html
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Re: Sharon Anzaldi sentenced

Post by morrand »

The Chicago Sun-Times had this to say about the matter (while identifying her as "Shannon Anzaldi," somehow):
Anzaldi represented herself in court, badly, as she was given 63 months behind bars by U.S. District Judge Harry Leinenweber. Her claims to be a "sovereign" exempt from prosecution are part of a legally nonsensical movement that has caught on among desperate federal prisoners in recent years.
Janssen, Kim, "Woman gets 5 years for tricking IRS out of $1.2 mil.", Chicago Sun-Times, January 9, 2014, 7.

Browsing the PACER docket (ILND, 1:11-cr-00820), I see that she filed (among other things) a "MOTION by Sharon Anzaldi in limine to preclude prosecutorial misconduct," (#25), which only seems fair. Also a "MOTION by Sharon Anzaldi for production of Federal Prosecutor's foreign agent registration act statement pursuant to FRCP 11, 16, 47 and FARA of 1938" (#31), and all sorts of other colorful paperwork. Oddly, on the surface it looks like only she was filing this sort of thing, which must have made for a fun time for her co-defendants and their counsel. (Co-defendants got 30 and 18 months, lending credence to Janssen's "badly" comment.)

If there's interest, I can dig through all of this and see what kind of ponies may lie beneath it.
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Re: Sharon Anzaldi sentenced

Post by grixit »

Always find the ponies!
Three cheers for the Lesser Evil!

10 . . . . . . . . . . . . . . . 2
. . . . . . Dr Pepper
. . . . . . . . . . . . . . .. . . 4
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Re: Sharon Anzaldi sentenced

Post by fortinbras »

Anzaldi tried to derail the case against her by suing the prosecutor and the judges. This attempt failed utterly but the judge was keenly aware of the very insulting accusations she had made against him. This is not the way to elicit judicial mercy.

She also appealed on the grounds that the jury was not told that her fraudulent IRS refunds were not 'real money' but FRNs.
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Re: Sharon Anzaldi sentenced

Post by Jeffrey »

If anyone is interested on how the SovCits are responding to the Anzaldi case, this just got posted on Youtube by Truefreeman aka Tyra Moore

http://www.youtube.com/watch?v=O8BXotcnVtg
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Re: Sharon Anzaldi sentenced

Post by morrand »

Having now dug through a number of Sharon Anzaldi's filings…wow. I believe what we have here is a case study in the floundering of the sovereign citizen, as she seems to have hit no less than three separate sovcit theories in the course of attempting to defend herself.

Let me mention, from the start, that I focussed my attention on her part of the case. I really didn't pay that much attention to those of her co-defendants, both of whom seem to have been represented ably by counsel. In all honesty, I must admit that I dig through these things, not only for a scholarly understanding of the theories at work, such as they are, but also for the entertainment value. Their sides of the defense didn't seem to be particularly promising along that line. So, I focused on the one pro se--make that, in propria persona--defendant. This is probably not the kindest of motives for studying the case, and I can only plead, as Ms. Anzaldi ultimately did, that I am only human.

At any rate: let us begin by considering the charges. On November 17, 2011, Sharon Anzaldi, Phillip Desalvo, and Steven Latin were indicted in the Northern District of Illinois (docket number 11-cr-820) on charges of defrauding and conspiring to defraud the US Treasury by way of filing fictitious income tax returns for 2008 and 2009. More specifically, they were charged with misusing IRS form 1099-OID to claim the total amount of their debts as both OID income and tax withholdings. Ms. Anzaldi, in particular, filed one return in 2009, claiming a refund due to her of $4,011,360, and another in 2010 claiming a refund due of $493,819. She was also individually charged with filing 7 returns for other taxpayers claiming total refunds of $2.1M.

After the preliminaries, Ms. Anzaldi filed her response (Dkt. 19), in which she moved, as "Executrix and true Creditor herein, woman on the land," to dismiss the charges for violation of the Federal Rules of Criminal Procedure and the U.S. Constitution. Her first contention is that
The validity of a 1099OID return is a valid Tax Credit for credit due all Homeowners for 'abandoned' funds by the homeowner, however, this fact is concealed from the real creditor (homeowner) and confiscated by the banks without knowledge or consent which the IRS is totally aware of and can be verified.
She then goes on to use language which should be familiar to regular Quatloos readers:
It is the defendant's position that while he [sic] may be a person as that term is commonly understood, she is not a "person as that term is defined in the relevant provision of the Internal Revenue Code. See, United States v. Neal, 93 F.3d 219 (6th Cir. 1996)….The crucial distinction between person as commonly understood and "person" as used in 26 [USC] §7206(1) and defined in 26 USC §7343 is not recognized by the indictment.
She then begins to discuss the meaning of "employee" under the IRC, but never quite gets there, merely quoting the definition of "employee" without citation or discussion.

I am not an expert on these things, by any means. To my inexpert ear, this sounds an awful lot like the theory espoused by Cracking the Code, but I would not want to put Ms. Anzaldi's argument into her mouth for her, much less Pete Hendrickson's. Fortunately, I need not do that:
Defendant's discussion of this is included in the sixth chapter of the book he [sic] authored, Cracking the Code [:] The Fascinating Truth About Taxation in America.
Ms. Anzaldi is even good enough to include CtC in her table of authorities, heading up her brief, leaving no doubt that it is Hendrickson's book she is discussing. She also cites there to something called, Banker's Secrets regarding Title 12 referring to Mortgage Fraud and "Fraud in the Factum," which may not actually all be the title of the work referenced.

Finally, attached to the brief is an uncited, uncredited document, titled, Proper Federal Indictment Procedure. The gist of this 16 page document is that courts are courts of limited jurisdiction, and that they normally don't bother to get a signed, sworn complaint, etc., and therefore that most criminal trials are void. Not to mention that (if I have it right) the defendant is normally excluded from selection of the grand jury, and therefore that most indictments are facially invalid for lack of substantive due process. Google suggests to me that this document was written by Dan Meador. For what it's worth, the opening sentence of its second paragraph reads, "I haven't completed research to support each position with case law," which hardly seems like something to be bragging about in a brief in support of a legal position, but as I say, I am not an expert in these things.

Anyway, Ms. Anzaldi then filed Document #20, an "Affidavit of Truth and Demand for 'Substantive' Due Process in Law and Adherence to the Constitution and Bill of Rights," and so on. PACER declined to provide this, and someone (probably the clerk) noted that it was a "poor quality original." So I cannot provide a copy of that. Presumably, this was an extension of the Proper Federal Indictment Procedure document above.

Next, we have Document #21, a letter to the clerk of court, demanding that the court issue a 1099-OID "to cover the eligible issues (products of statutes) in this case."
The eligible issues in this matter consist of:
  1. Appearance bond
  2. A Penal Bond bearing OMB No: 9000-0045, Standard Forms 24, 25, 25A, 90 and 91 (Bid, performance, payment, Reinsurance Agreement for a Miller Act Performance, Payment, Release of Property, In Favor of the United States Bonds) the alleged estimated amount is unknown.
  3. Any other bonds subsequent to and including the True Bill of Indictment, and/or verified information.
All of the above eligible issues listed 1-3 are being withheld. Please provide me with my copies of those 1099 Original Issue Discount aka as OID Forms to effectuate my tax credit, since there is no actual money in circulation.
She then goes on to state that the court has failed to issue a check or money order to pay for the product being withheld (presumably to pay her for her bond). Also, that "the filing of the 1099OID is to enable the tax charge to return to the source for settlement and closing of escrow in exchange, Treasury Account [redacted]."[FN1] She then goes on to threaten the court, I think, with its being named as the party liable for tax on the full amount of these "eligible issues," unless they issue the 1099-OID forms within 5 days of receipt.
This would, of course, all be gibberish, but for the fact that it's been witnessed by two living witnesses (Michael James Burke and Mary Allen Morel, as best as I can make out from the signatures), and notarized (under a very odd jurat), so therefore it must do something, somehow. [FN1. Based on later filings, I am fairly certain that Ms. Anzaldi's Social Security Number is not her Treasury Account number referenced in this document. I'm not copying it here, but it's in the linked document, if anyone wants to decode it.]

Skipping past some relatively mundane filings (though some of these demand to see the AUSA's law license), we now come to Document #35. This is the money document, as these things go. Ms. Anzaldi, who by this time is captioning the case so as to designate herself as the third party plaintiff in admiralty, against the AUSA and the special agents for the FBI and IRS, first explains that she appears "by special visitation and not appearing generally, before this court seeking a remedy in Admiralty as is provided by the 'Saving to the Suitors Clause' at USC 28-1333(1) [sic]." She also is "standing in my unlimited commercial liability as a Secured Party Creditor and request that the officers of this court do the same."
In rapid succession, she claims:
  • That any plea of "not guilty" was improperly entered on her behalf; what she'd actually said in court was, "I am innocent of all these ridiculous charges."
  • That she is the "Third Party Plaintiff, Secured Party Creditor, a Natural woman, created by God, and NOT the same as the fictitious entity, all capital letter named, SHARON ANZALDI that was created by the State."
  • That she rebuts any presumption to contract which the government may presume to have with her, as "evidenced by documents on file with the ILLINOIS Secretary of State" and various federal entities (Treasury, IRS, Commerce, DOJ, and others unnamed), along with Sharon Alicia Anzaldi County. (I do not believe that county lies within the jurisdiction of ILND, though being imaginary it hardly could.)
  • An "unknown, undocumented terrorist" kidnaped her from her home with an assault rifle pointed directly at her. This apparently means she was arrested.
  • That agents conspired to trump up charges against SHARON ANZALDI, much to the detriment of the living woman, Sharon Anzaldi. Curiously, she refers to the miscreants by their mixed-caps names first, and then by their all-caps names. It is, therefore, not entirely clear whether it was the living agents or their corporate shadows which trumped up charges. As the caption lists the mixed-case variants of these people, it's entirely possible that she's shot this claim in the foot.
  • She is the victim of Abuse of Process, Dishonor in Commerce, Abuse of Power, Kidnaping, Extortion, Coercion, Obstruction of Justice, Conspiracy, Collusion, Racketeering, Denial of Due Process, Theft of Private Property, Terrorism against an American on American Soil, Warring against the Constitution for the United States of America, Identity Theft, and Securities Fraud.
  • She believes there is no evidence to the contrary for any of this.
  • The IRS is a Delaware corporation, physically located in Puerto Rico.
  • Mortgages are some sort of a complicated scheme, in which the homeowner is actually the lender to the bank, which (in her case) stole her tax credits by not filing her the 1099-OID which it was supposed to. Of course, neither a bank nor the IRS corporation can be creditors, for only the living may be creditors. There is more explanation of this, for what it's worth.
  • Anzaldi got no benefit from the allegedly falsified 1099-OIDs that she filed: she subsequently filed 1040X to "correct [her] error," then filed a 1041, which got a confirmation letter from the IRS, "apologizing for the delay, stating I could expect my overpayment of $716,125.00 within four to eight weeks." Evidently, the IRS also reported this sum as income to Social Security. This somehow proves a theft of tax credits took place.
  • The court is laboring under a conflict of interest by profiting from this very case: its docket number is already trading through the Fidelity Total Bond Fund, CUSIP 31617K881, valued at $11.7M.
  • The court lacks jurisdiction.
  • Her right to freedom of movement is being abrogated by virtue of her being arrested. (Yes, I suppose that would be the point, but logic is not exactly her strongest point in this filing.)
Of course, she is not a merciless person, and so she extends to the Third Party Defendants an opportunity to cure their dishonor: pay her $150,000 plus damages, and dismiss all charges, or else prove the case to her satisfaction by a preponderance of the evidence, or else face default and liability according to her attached schedule of damages. These damages work out to $2M per count, per violation, per day (and there are many counts). Plus punitive damages at seven times actual, plus penalties and interest for late payment, all payable at the rate of one ounce of silver per dollar.

The AUSA's response (Doc. #37) is very short, given the mountain of paper that sired it. Other than assuring the Court that it will do its duty to disclose exculpatory evidence, it basically dismisses Ms. Anzaldi's filings as so much doo-doo, though in a more mature fashion than that.

We next hear from Ms. Anzaldi as she attempts, several times, to quash the indictment, suppress evidence, and dismiss the indictment for abuse of power. This fails.

The Government comes back swinging. The AUSA first moves to admit financial motives evidence (Doc. 81). Among the points offered: all defendants were unemployed and had substantial debts. Anzaldi, in addition to being in foreclosure on two homes, was subject to a federal tax lien of $54,542, and was behind in payments on her Chrysler (which was subsequently repossessed).

The meatier filing, though, is the Government's request to offer other-act evidence (Doc. 91). It is offered that Anzaldi not only filed on her own behalf, but on the behalf of seven other people. She charged a fee for this service, but structured the payments to keep them under the $10,000 reporting threshold. For example, it is alleged that, in preparing returns for the Noesens, she charged an 8% commission, totaling $25,000, which she asked to have broken up three ways. As if that were not enough, it's alleged that she then got the Noesens' credit card information and used it to pay her cell phone bill, and to buy credit reports. The Noesens apparently were not amused by this.

Time passes, and the trial grinds onward. Her codefendants and their attorneys get down to business, winnowing down the evidence to be presented. Very sensible, very dry. The next time we hear from Ms. Anzaldi is at the end of April, 2013, when she files her "Affidavit of Non-Corporate Status" (Doc. #124), and her "Notification of Administrative Violation" (Doc. #125). The first of these consists primarily of a series of things which she's noticed:
3. Your Affiant notices that in these united States of America, the authority of any and all governments resides in the People, the Natural Persons, of the land, for government is a fiction of the mind and can only be created by the People, effected by the People, and overseen by the People for the benefit of only the People.
4. Your Affiant at all times claims all and waives none of her God given inherent, unlimited, unalienable, secured and guaranteed Rights pursuant to the Declaration of Independence and the Constitution of the united States of America as ratified 1791 with the Articles of the Amendments.
5. Your Affiant notices that pursuant to the Constitution of the united States of America as ratified 1791 with the Articles of the Amendments, Article VI paragraph 2, "This Constitution and the Laws of the united States which shall be made in Pursuance thereof; and all Treaties made, under the authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
[…]
8. Your Affiant notices that pursuant to this supreme Law of the Land and the God given Rights secured and guaranteed therein, said Constitution is established to ensure that the dominion granted by God to all People, on this land, shall endure, and ensure forever that this people on this land be free from any and all slavery, indenture, tyranny, and oppression under color of any law, statute, code, policy, procedure, or of any other type.
9. Your Affiant further notices that pursuant to said Constitution, Affiant cannot be compelled, manipulated, extorted, tricked, threatened, placed under duress, or coerced, or so effected by any Natural Person, who individually, or in any capacity as or under any Artificial Person, agency, entity, officer, or party, into the waiving of any of Affiant's Rights, or to act in contradiction thereof, or to act in opposite [sic] of the moral conscience and dominion granted Affiant by God; nor can Affiant be deprived of any of these Rights, privileges, and immunities, except by lawful process in accordance with said Constitution, without that Natural and/or Artificial Person, in whatever capacity, in so doing, causing injury to your Affiant and thereby committing numerous crimes, requiring lawful punishment therefrom.
As bad as this is, I humbly suggest that the peyote didn't quite kick in until she began to write her "Notification of Administrative Violation." That, or she made a very rough transition between copy-paste legal practice and original writing:
1. This Court, and all public officers, is defined under FRCP Rule 4 (j) as a FOREIGN STATE, and as defined under Title 28, JUDICIAL AND JUDICIARY PROCEDURE.
The Foreign Sovereign Immunities Act (FSIA of 1976 is a United States law. codified at TItle 28. 1330, 1332,1391 {f)r 1441(d}, and 1602~1611, and is being jurisdictionally challenged, and full disclosure of the true jurisdiction of this Court is now being Demanded.
2. Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large, for this was passed to remove the people of the united States of America from the federal citizenship under the 14th amendment.
Chapter 249 (section I), enacted July 27, 1868.

Chap. CCXUX. An Act concerning the Rights of American Citizens in foreign States[…]

The Court and the Prosecutor representing the UNITED STATES DISTRICT OF ILLINOIS are considered a FOREIGN STATE, as your office holds a position under section three(3) of the 14th Amendment of the UNITED STATES Constitution, and under the Reconstruction Act of 1867, as federal citizens) per Acts of Congress, USC Title 8, section 1483, Restrictions on loss of nationality and you are misusing the name of this America Citizen, Sharon-Alicia; Anzaldi by placing it all caps SHARON ANZALDI or misusing the last name-Anzaldi or using the term person as a CORPORATION. […]

9. Federal Rules of Criminal Procedure, Rule11. Pleas; required the Defendant (Petitioner) to place a plea before the court of not guilty, guilty, or (with the court's consent) nolo contendere.Right. Once the People place such a plea, that plea now comes under the authority of Title 50, War And National Defense, section 23 under the Trading With The Enemy Act, The Prosecutor is acting on behalf of THE FEDERAL DISTRICT COURT AND THE STATE OF ILLINOIS and now is required to provide proof and evidence that such charges are not under the State of Emergency Clause, and the Bankruptcy Act of 1933. Any failure of the Prosecutor to provide such evidence within 10 days of this original filing is grounds for dismissal with prejudice for non-compliance.
And so on. (Miscellaneous font changes not transcribed.) The interesting thing about this is that, about this point, it looks like Ms. Anzaldi was beginning to make her first change of theory. Both of these documents were recorded with the Cook County Recorder of Deeds, starting a pattern that continued through her next couple of filings. Also, the "Administrative Violation" document is, I believe, the first in which she refers to herself as "Sharon-Alicia: Anzaldi." As a matter of fact, it's an isolated reference (the caption still has her listed without the colon).

The effect of all of this? Practically nil. Ms. Anzaldi was even allowed to travel to Brownsdale, Minn. on May 10. None of this did much to slow down trial, which opened on June 3, 2013, and makes for a good point at which to break off this post.

Up until this point, Ms. Anzaldi seems to have been following a fairly straightforward sovereign citizen defense, denying the court's jurisdiction over her. This changes after trial, when her nasty side is laid bare. Coming up next post.
---
Morrand
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Re: Sharon Anzaldi sentenced

Post by Burnaby49 »

Let me mention, from the start, that I focussed my attention on her part of the case. I really didn't pay that much attention to those of her co-defendants, both of whom seem to have been represented ably by counsel. In all honesty, I must admit that I dig through these things, not only for a scholarly understanding of the theories at work, such as they are, but also for the entertainment value. Their sides of the defense didn't seem to be particularly promising along that line. So, I focused on the one pro se--make that, in propria persona--defendant. This is probably not the kindest of motives for studying the case, and I can only plead, as Ms. Anzaldi ultimately did, that I am only human.
No apologies necessary as far as I'm concerned. As fellow Quatloosians know I am diligent in my attendance at, and recording of, court cases in the Vancouver Canada area covering Freeman/Sovereign issues. However I make no claim whatever to being a neutral recorder of proceedings because of an objective scholarly interest in the topic. It's pure entertainment value. If my postings serve a larger issue it is just serendipity and I make no apology for that.
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Re: Sharon Anzaldi sentenced

Post by morrand »

And now, part two.

When we left Ms. Anzaldi, she, along with her alleged co-conspirators, had just gone on trial. This went off without anything else going into the docket, so I've got no idea whether she sat there quietly, or kept jumping up to scream, "Objection!" or what. At any rate, trial ran from the 3rd to the 10th of June, and concluded in a guilty verdict on all charges. Ms. Anzaldi almost immediately appealed (Doc. #140):
Notice of Appeal
  1. 4th Amendment violation regarding "Nature & Cause" Real Party in interest (Rule 17a)
  2. 4th Amendment Violation-no verified complaint according to your own records on PACER 11/23/2011.
  3. 4th Amendment Violation-No affidavit of fact signed under "penalty of perjury" by the Real Party in interest.
  4. 5th Amendment Violation-No Grand Jury held prior to an arrest, and indictment.
  5. 5th Amendment Violation-No Grand Jury Foreman signed the True Bill
  6. 5th Amendment Violation-No Grand Jury Foreman read the decision on the open floor
  7. 5th Amendment Violation-No "Certificate of Concurrence"
  8. 6th Amendment Violation-was not allowed to cross-examine the "Real Party in Interest" (prosecution) posing as the injured party.
  9. 8th Amendment-Malicious prosecution by Assistant District Attorney-Rachel M. Cannon by witholding [sic] exculpatory evidence in my favor.
    A. Corrected 1040X in the amount of four million +/- in year 2009.
    B. Power of Attorney-Michael Graf, Jr. - CPA that usurped my POA for years 2006-2013 w/o my knowledge or consent
    C. Communication from the I.R.S. stating my returns filed for years 2006-2009 had been corrected and zeroed out due to amended filings.
  10. 11th Amendment Violation - "Under Foreign Sovereign Immunities Act" by use of fictitious name - corporation AKA SHARON ANZALDI.
  11. Prosecutorial misconduct for witholding the Courts true jurisdiction (admiralty law) and limited authority, as all cases are commercial and civil in nature according to Title 27-72.11.
The appeal was duly docketed and processed. And then things got a little hard for Ms. Anzaldi's standby counsel.

The day the appeal was filed, the 7th Circuit came back with an order to show cause why the appeal shouldn't be dismissed as premature. Nothing forthcoming, the court then issued an Order to Show Cause against Michael Nash, Ms. Anzaldi's standby counsel, threatening sanctions for ignoring the court's request. Mr. Nash reacted promptly, explaining, in effect, that he's not actually sure what his role would be in the appeal. That was good enough for the court, which then redirected its request to Ms. Anzaldi personally. A few days later, she saw the light, and asked to dismiss the appeal as premature, which the appellate court was only too willing to do.

Meanwhile, Ms. Anzaldi continued to press her case in the district court. In moving for a new trial (Doc. #147), she first copied and pasted several documents together, and then claimed that the jury couldn't possibly have understood the finer points of her defense: that the 1099-OID scheme is perfectly legal, as there is no money, but only tax credits. And besides, she continued, the fact that they reached a guilty verdict within an hour of having the case only proves that they must have prejudged it. Furthermore, she claimed that the prosecution failed to present exculpatory evidence to the jury, and also committed a fraud upon the court by saying Anzaldi filed a Form 1040 claiming a refund of $4M, when in fact she had corrected it by filing a zeroed-out 1040X. And, compounding matters, the prosecution presented a Form 1040 claiming a refund of $716,125, which she had never filed; in fact, she says, she filed it on a Form 1041, thus proving that the prosecution fabricated evidence. Finally, she states that the court's refusal to convene a Grand Jury Hearing violated her rights and voids the whole case.

To put it directly, the court was not impressed (Doc. #180).

Having failed there, Ms. Anzaldi now switches tactics. Actually, that's not true. She continues to press her claim that her conviction was secured by fraud, first in her "VOID ORDER ab initio: FOR LACK OF SUBJECT MATTER JURISDICTION, VENUE, AND PERSONAL JURISDICTION…" (Doc. #170). Her opening paragraph:
According to rights protected by the Constitution, and in violation of "due process of law", " fraud upon the court", cruel and unusual punishment", "malicious prosecution", loss of nationality, frauds and swindles laws, by indicting natural people, a criminal conduct by using fictitious names falls under Title 18 U.S.C. 1842 (Fictitious Names, and violation of the" Administrative Procedure Act of 1946" Act (APA), enacted June 11, 1946.
It doesn't get much better, further on:
A Judgement or order is void where the Rules of Circuit Court are not complied with. Elliot V. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828). Under Federal law which is applicable to all states, the U.S. Supreme Court that is a court is "without authority, its judgements and orders are regarded as nullities…. (170 at 3)

A Judgement or order is void where the prosecutor and court continue to move against a natural born citizen, especially without representation, while from the inception of the case, violated the 4th, 5th, 6th, 8th, and 11th. Constitutional Amendments under "color of law"….(170 at 3)

The U.S. Supreme Court has held that when a judge acts without jurisdiction, the judge has engaged in treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)…. (170 at 5)

The Court continued to violate rights under the Administrative Procedure Act. As the Court is in receipt of a 28 Page Affidavit of Truth, Fact, Law and Points of Authority, as Document Number 1323154018 dated August 19th. 2013, filed in the Cook County Recorder's Office, and received by your office on August 21st, 2013. Your Office, and Administrative duty to respond accordingly, point for point has not been received. Consequently, all facts presented stand as truth, and you are now in Dishonor/Default, and properly noticed as of August 19th, 2013, August 31, 2013 and September 11, 2013. RE [registered mail numbers omitted], mailed […] at United States Post Office, postage pre paid stamps. […]

I, Sharon Alicia Burke Anzaldi aver, to the best of my knowledge and understanding, believe the information provided within this Void Order are true, correct, and not meant to be misleading so help me God.

Without Prejudice All rights reserved
/s/
She also filed her "Notice of Fault and Opportunity to Cure" (Doc. #171). This is actually a collection of very short documents, each addressed to one of her opponents in the case, all in substantially the following form:
Notice to Agent is Notice to Principal Notice to Principal is Notice to Agent
[…]
1. On or about (date), Respondent received an Affidavit (number), from the Affiant for Respondent's attention.

2. As of the (date), Respondent has not responded to the above stated Affidavit: (name), Respondent is at fault in this matter.

3. As an operation of law, according to "Adminstration Procedures Act," (name) by dishonor of Affidavit has created a fault.
In the event that Respondent's failure to respond to the Affidavit (number) was an oversight, mistake or otherwise unintentional, Sharon Alicia Burke Anzaldi (Affiant) grant (name) (Respondent) three (3) days, exclusive of the day of receipt, to cure the fault. Failure to cure will constitute, as an operation of law. Respondent's final admission and agreement to all statements and claims made by Affiant through tacit procuration pertaining to Affidavit, (number), and the whole matter shall be deemed res judicata and stare decisis. Response by Respondent must be served on Affiant exactly as provided below/overleaf and using Certified or traceable mail service.

Sharon Alicia Burke Anzaldi (Affiant) awaits (name)'s timely response.

"I, a natural born woman commonly known as Sharon Anzadi (Affiant), on my own unlimited commercial liability, certify that I have read the above and know that the facts contained are true, correct and complete, and not misleading, the truth the whole truth and noting [sic] but the truth."
Lest this become oppressive, let me divert briefly into a matter of philately. The tail end of this document contains (as do many of Ms. Anzaldi's filings) a copy of her postal receipt from the Elmwood Park, Illinois, branch of the Postal Service. In this case, among other things, it shows the purchase, for each of these "Notices," of fifteen $1 postage stamps, in payment on $14.87 in postage for each letter.

Now, many of you have probably had occasion to send mail through the local Post Office and pay the postage over the counter. Most just print a little customized stamp for the exact postage due, and put it on. Not Ms. Anzaldi. She apparently felt that it was essential to purchase and apply fifteen one-dollar stamps to each of these missives before depositing them into the mail. I know there has, in the past, been a bit of an obsession with the powers of postage stamps in some branches of the sovrun myth. Presumably this is another expression of the same theme, though what it all means is still a mystery to me. A small detail, surely, but intriguing, and it wouldn't have come to light without her including the postal receipts in the docket.

Anyway: she then filed her "Certificate of Non Performance" (Doc. #172), which is really just the sequel to the above, so I won't quote extensively from it, though this one was also recorded in Cook County (document 1325454024).

And then there is her "Affidavit of Truth, Fact, Law, and Points of Authority" that goes with all of this (maybe) (Doc. #173). This is…truth be told, I'm not really sure what it is, except that every paragraph seems to start with, "Affiant, Sharon Alicia Burke-Anzaldi aver…," and ends with, "…and I do not believe there is any evidence to the contrary." It's basically her narrative of events, and repeats her grievances against the indictment and trial: Constitutional rights violated, caps vs. mixed case names, defendants aren't corporations, all crime is commercial, trustees of birth certificates, and so on and so forth. It's in color. It has a lot of italicized text, too. We get a retelling of the story of how the IRS is actually a private corporation. From page 24, it looks like Ms. Anzaldi is an adherent to (or follower of, anyway) the RuSA group.

And then there are the attachments. Ms. Anzaldi attached her original notice of appeal (the one which, by this point, she'd already dismissed), and the certificate of incorporation for "Internal Revenue Tax and Audit Service, Inc." She also attaches her "Act of State, Reaffirmation of Character, and Renunciation of Attempted Expatriations." This is a flyspeck document; it's a little like reading a Dr. Bronner's bottle, only not so coherent. (Curiously, this document, which she evidently claims has terminated the jurisdiction of the United States over her, states that she lives in Illinois, but it was executed in Minnesota by Robert S. McMinn, Jr., according to the apostille.) Do not miss her seal, which, by a fault in the scanner, comes through very crisply on page 39 of the scan, even as the rest of the page is completely washed out. There's also a copy of Pope Francis's Apostolic Letter on the jurisdiction of Vatican State in certain criminal matters, which isn't really explained otherwise.

The AUSA answered (Doc. #184), describing all of this as "a series of non-sensical and frivolous claims." And then she got mean. She suggested that the offense level for sentencing ought to be enhanced for Ms. Anzaldi's being the leader of a criminal activity, something that (somehow) got missed on the pre-sentencing investigation. This resulted in a Guidelines range of 97-121 months' imprisonment, with the AUSA arguing for the top of that range. The AUSA also detailed some of the wreckage which Ms. Anzaldi left behind: Mr. Noesen (whom, you will remember, not only paid $31,000 for Ms. Anzaldi's advice, but also allegedly got his credit card abused by her) has had to leave retirement in order to work off the penalties and interest drawn by the returns which she prepared for him. The AUSA also presented that Ms. Anzaldi perpetrated multiple mortgage frauds over several years, ultimately stacking loans on a house on South King Drive in Chicago until she had a loan for $850,000 on it.

This is also where the AUSA details the frivolous lawsuits which Ms. Anzaldi had filed. There were two: 12 CV 2987, and 13 CV 3198. These were described by district judge Shadur as "baseless 'canards'," according to the reply, and were referred to the attention of the judge in this case with a recommendation that they be considered in aggravation at Ms. Anzaldi's sentencing. (Judge Shadur also drew the Cherron Phillips case, for a while, and referred to some of Ms. Phillips's filings there as "clotted nonsense." I rather like Judge Shadur.) Ms. Anzaldi evidently also filed a notice against AUSA Cannon's property records, among others.

Finally, Ms. Anzaldi had written a letter to former US Attorney Gary Shapiro, saying in part:
I choose not to take this to a higher level, out of consideration for you, and your career, however, based on the aggression of the DOJ, this information has been safely placed in the hands of many people around the country that are watching this case very closely, as the truth always has a way of revealing itself. I will not move forward unless you choose to bring additional harm toward any of us.
The AUSA argued that threats like these should be considered as further aggravating factors.

It was about this time that Ms. Anzaldi realized that neither her garden-variety sovrun tactics, nor the (perhaps) more RuSA-specific ones, were working. A mere mortal might, at this point, quit. A mere mortal might throw herself on the mercy of the court, claiming, perhaps, to have followed one guru too many, to be merely another broken soul searching for meaning in a chaotic world, and to have had no idea how much damage her antics really caused. Ms. Anzaldi, however, is no mere mortal: she is, according to her "Ordinance of Estates" (Doc. #207), an Estate Dignitary Member:
There appears to be a mistaken identity, wherein the Estates known as Sharon Alicia Burke Anzaldi, as the united states in rem, et al., have been administered by your agency without lawful authority, wherein your Corporation, via commission, has been granted letter of marque, a business license unlawfully authorizing you to be a privateer.
This document, best as I could trace it, gets credited to Tami Pepperman, who has a series of videos on YouTube. It's also credited as making it possible to drive without a driver's license, such as by something called the "Bo & Rocko Show." (This links to a 98 minute YouTube video, which I haven't watched, if I'm honest; just going off the descriptions, here.) What, precisely, it has to do with this case, is not entirely clear. Something to do with her arrest, probably.

This was followed by the "Notice of Absolute Forgiveness and Discharge Forever of All Known and Unknown Estate Debts, Duties, Claims, and Liabilities," (Doc. #208), which is grand enough that it deserves to be read into the record at length:
Let it now be known and evident to all concerned persons or men worldwide through the announcement and notice of this perfect free will writing sealed by my own hand - in an offer to bring peace, harmony, and wholeness to all of the world - that I, the living soul manifest, known as Man, Estate Hæres, and Dignitary, who acknowledges all that is the complete Will and Testament of the Estate named, or known as, Sharon Alicia Anzaldi - created, birthed, or delivered on [date redacted], through the hand or water of my natural born mother or her person - NOW AND FOREVER ABSOLUTELY FORGIVE AND DISCHARGE ALL KNOWN AND UNKNOWN ESTATE DEBTS, DUTIES, CLAIMS, AND LIABILITIES.

Additionally, through this Absolute Forgiveness and Discharge, all Estate res, remainder, or reversion, including, but not limited to, any subject, matter, issue, person,[…], is hereby consolidated, merged, and extinguished - ultimately returning said Estate to its complete original natural whole state of dignity and demesne for… I AM.

Witness quorum [signed "Linda Ann," "Diane," "Patricia Eileen," and "Mary Jane"]

I, a living soul manifest, now bear witness with my own eyes and attest through my own hand this notice and free will writing by Sharon Alicia on this 20th Day of December in the Year Two Thousand Thirteen.
/s/
Sharon Alicia - House of Anzaldi
Estate Dignitary - Member-Society of the Sojourner
And, yet again, recorded in Cook County (Doc. 1400354024).

And then there was the "Notice of Appointment to the Office of Executor (Doc. #209), which is relatively unremarkable, except that it announces: "Let it also be known to all concerned persons worldwide, through this EVIDENCE and notice that the embossed seal created exclusively for the House of Anzaldi - emanating from the Office of Executor - will be considered as the ONLY valid authorization for any and all commercial or legal action(s) regarding said Estate." It's not clear whether this is the same seal which we saw on Doc #173 above. It doesn't come through on this document.

The typeface and formatting of these three documents speaks to them coming as a set, and indeed, that is how they are presented (here, for example—scroll all the way down—which also apparently contains a lengthy primer on basic sovrun theory).

Whatever kind of peace and harmony that Ms. Anzaldi meant to spread with these documents, it didn't quite carry through to her next filing, titled "Notice and Demand for Bonding Information" (Doc. #210). About half of this is old stuff (Constitutional rights violations, the IRS is a private corporation, I'm not the same as my all-caps alter ego, the grand jury was a lie), but there are a couple of new items. NESARA makes a special guest appearance (p. 3). There's a claim that Congress repealed the "New Competitive Currency Act," making Federal Reserve notes no longer legal tender. There's also an interesting news bulletin in the middle of the thing: Ms. Anzaldi announces that, when she arrives for sentencing, she won't be carrying any Federal or State ID, but will bring her International Diplomatic Driver Permit, and her Universal Post Office Diplomatic Status. The rest of the document is pretty much just reruns, though you get a fair impression of her new "House of Anzaldi" seal on page 22. It's not the same as the previous one. Also more postal receipts (she opted for the $12 collectible "Inverted Jenny" stamps this time).

On January 8, 2014, Sharon Anzaldi was sentenced on 11 counts of fraud to 63 months in prison, starting February 25, with three years of supervised release to follow, and restitution of a little over $851,000 to the IRS. (This is about half of the prison time that the Government had recommended, and below the Guidelines which they had calculated.) The court recommended placement at the prison camp in Greenville, Illinois. Standby counsel (yes, the same one who had some explaining to do to the appeals court earlier) duly filed her "Notice of Appeal" the next day.

The day of her sentencing, Ms. Anzaldi filed what will likely be the last thing we'll hear from her in this case (though her appeal might be a different matter). She wrote two letters: one to the court clerk and the US Attorneys, rescinding her earlier demand for bonding information. The other (Doc. #217) was to Judge Leinenweber, thanking him for his attention to detail in her sentencing:
Dear Judge Leinenweber,

I don't even know how to express my appreciation for the honorable decisions rendered at today's sentencing.

I was pretty amazed by your attention to detail, and total recall regarding the case.

It is apparent, you have rightly earned your position, and made me realize, perhaps there is some justice within the court system.

Again, I thank you!!

Sincerely,
/s/
Sharon Alicia Anzaldi
As gracious as this sounds, there is one more detail to consider before closing this discussion, a subtle one. Kind of like a finger coming up from the grave at the end of a bad horror flick. The court clerk's office, as is common, scanned the envelope in which this missive was delivered to the Judge's office, and so we can see the postmark, and under that, the cancelled stamp which paid for its delivery. It's a common enough stamp, and unremarkable in itself, except for Ms. Anzaldi's adventures in philately which accompanied her previous filings:

A single flag stamp, emblazoned with the words, "Freedom Forever."
---
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Re: Sharon Anzaldi sentenced

Post by grixit »

Hmm. Is the AUSA hinting that they might throw RICO into the pile soon? I doubt they will be able to produce evidence of the O part.

Letter of Marque? Sorry, the Constitution says that Congress is empowered to grant those. So if Anzaldi was seized and boarded while in troubled waters, she's never gonna get out of Admiralty.
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Re: Sharon Anzaldi sentenced

Post by LightinDarkness »

*Slow Clap*

Morrand...I thank you. That was a terrific read, I literally made some popcorn and really enjoyed it. I know were dealing with crazy people, but the sheer utter disconnect from reality with Sharon Anzaldi is a sight to behold. She literally threw the entire sov'run citizen gibberish doctrine at this case, and left no stone unturned. Papal decrees, RuSA, fascination with postal stamps, grandiose legal documents that have no actual meaning, the PERSON myth, the IRS is a corporation myth. I mean...she literally put every single sov'run myth I've heard and found a way to include it. If there were awards for "most insanely detailed attempt to get more jail time," I would nominate Ms. Anzaldi.

By the way, as a long-time RuSA watcher (I love watching the crazies), what was Sharon's position in RuSA? That makes two RuSA "officials" in jail, Sharon and President Timmy.
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Re: Sharon Anzaldi sentenced

Post by LightinDarkness »

Jeffrey wrote:If anyone is interested on how the SovCits are responding to the Anzaldi case, this just got posted on Youtube by Truefreeman aka Tyra Moore

http://www.youtube.com/watch?v=O8BXotcnVtg
I love this. This woman filed EVERY GIBBERISH DOCUMENT UNDER THE SUN. Each one meticulously prepared in 100% adherence to sov'run doctrine - down to the insane fascination with postal stamps and personal seals.

And the sov'run response?

Well, its not because sov'run stuff is all wrong, its because she was filing out other peoples tax returns wrong. If she had just claimed that all their income was $0, she would have been fine. The problem was she was asking for more money than they made.

So you see? She just got the tax returns wrong. You don't have to pay taxes as a sov'run (according to the video), you just can't claim outrageous sums of money using the OID scam.
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Re: Sharon Anzaldi sentenced

Post by morrand »

Addition:

As mentioned above, there were two civil cases which Ms. Anzaldi filed in the Northern District of Illinois. One of those (13-cv-3198) was rapidly dismissed, for the predictable reasons. The other (12-cv-2987) was also dismissed, but is slightly more interesting.

That case came before Judge Milton Shadur (the same judge hearing charges against Cherron Phillips, under discussion in another thread). It was against various people involved in her criminal case: the judges, Assistant US Attorney, and "Unidentified man with rifle." Judge Shadur, rather than brushing it off, tried to make the best of it, resulting in memoranda such as this:
MEMORANDUM

One of the deliveries to this Court’s chambers late last week was a summons directed to Judge Martin Ashman that bears a May 11, 2012 Clerk’s Office Stamp and appears to reflect a May 14, 2012 date of service. Because of Judge Ashman’s very recent death, that summons should have no further consequences, but this memorandum is issued sua sponte in light of its very issuance.

With pro se plaintiff Sharon Alicia Burke Anzaldi (“Anzaldi”) having paid the $350 filing fee at the outset, this Court was not of course called upon in the first instance to address any aspects of the case in the manner that would have been appropriate if Anzaldi had sought in forma pauperis status. All the same, a number of troubling aspects of Anzaldi’s self-prepared Complaint led to this Court’s issuance of an April 26, 2012 memorandum (that was just a few days after suit was filed). That was done in the hope that some of Anzaldi’s obvious misapprehensions might be eliminated, on the premise that a word to the wise is (or at least should be) sufficient.

But what the currently-received summons appears to reflect is that it was served more than two weeks after issuance of the April 26 memorandum, in which this Court expressly told Anzaldi that Magistrate Judge Ashman and two cohorts whom she had also named in her pro se Complaint were protected by the long-established doctrine of absolute judicial immunity. In light of that message, Anzaldi’s continuing pursuit of Judge Ashman (and perhaps others) by seeking to serve him (and perhaps them) signals an abuse of the litigation process. In the last paragraph of the April 26 memorandum this Court cautioned Alzaldi about the possible adverse consequences of any non-compliance with court directives (whether covered by specific rules or by
judicial doctrine).

This action has previously been set for a status hearing at 9 a.m. on June 27, 2012. At that time this Court anticipates inquiring of Anzaldi as to all aspects of the case, including the subject of this memorandum.
It did not get much better for Anzaldi as the case dragged on. As Judge Shadur's next memorandum narrates:
On July 18 Anzaldi showed up with a bulky document that she said she had just filed. That, upon examination, proved to be even more outre than her original filing --it must be read to be believed (or, perhaps more accurately, not to be believed). [FN1]

If Anzaldi had not paid the $350 filing fee and had been required to seek in forma pauperis for this lawsuit, that status would clearly have been denied in the first instance on grounds of frivolousness under the principle announced in such cases as Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000) as well as the Neitzke and Denton cases referred to in the April 26 memorandum. Such a speedy resolution would have spared everyone other than Anzaldi some unnecessary grief.

-----
[FN1]Although this is a digression from the main issue, two items may be worth noting parenthetically. For one thing, Anzaldi's first page of that filing sets out not only this case number but also Case No. 11 CR 820, the criminal case assigned to this Court's colleague Honorable Harry Leinenweber in which she is a defendant and which obviously served as the triggering event for this ill-considered action. And second, this legend appears beneath the barcode at the top of the same first page:
Doc#: 1220022000 Fee: $130.00
Eugene "Gene" Moore
Cook County Recorder of Deeds
Date: 07/18/2012 08:18 AM Pg: 1 of 47
How odd!
Not so odd, actually, since we know Ms. Anzaldi has a bad (and, obviously, expensive) habit of littering the County Recorder's office, in addition to the court, with her filings. Anyway, this particular memorandum basically ended in an order to Ms. Anzaldi to show cause why she shouldn't be sanctioned for frivolous filings. (The "outre" filing is here, and the attachment is here.)

In the end, of course, she failed to show cause, resulting in the following:
Pro se plaintiff Sharon Alicia Burke Anzaldi ("Anzaldi") has continued to demonstrate throughout her filings in this action that she occupies a fantasy legal world of her own creation. This Court might well have terminated this action before
now on grounds of its legal and factual frivolousness (see, e.g., Neitzke v. Wil
liams
, 490 U.S. 319, 327-28 (1989)), but it harbored a slim hope -- perhaps unrealistically on its own part -- that an identification for Anzaldi of the potential consequences that she risked by persisting in her bizarre misperceptions might perhaps shock her back into the real world of the law. [FN omitted]

On August 3 Anzaldi filed a purported "Answer and Response to Memorandum Order" that is just as bizarre as her earlier submissions, simply advancing her otherworldly views. This Court is not qualified to engage in the amateur practice of
psychiatry, so it will not embark on that path. Instead it finds that Anzaldi has demonstrated once again that she is beyond the efforts of this Court to jolt her out of her fantasies. It orders the following, as forecast by the Order:

1. This action is dismissed with prejudice.

2. Anzaldi is ordered to file a thorough financial statement on or before September 7, 2012 to enable this Court to determine what (if any) monetary sanctions may fairly be imposed on her as permitted by Fed. R. Civ. P. 11(c)(5)(B).

3. All of this Court's memorandum orders in this case are referred to this Court's colleague Honorable Harry Leinenweber for his consideration, if Anzaldi is convicted in the criminal case before him, of whether she may be found for Sentencing Guideline purposes to have attempted to obstruct justice by her actions in this case.
Oops.
---
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Re: Sharon Anzaldi sentenced

Post by grixit »

I couldn't be a judge. Long before one of these cases got to this stage, i'd either have attempted to smash the petitioner's head in with my gavel, or possibly smashed my own in to escape the insanity.
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Re: Sharon Anzaldi sentenced

Post by The Observer »

grixit wrote:I couldn't be a judge. Long before one of these cases got to this stage, i'd either have attempted to smash the petitioner's head in with my gavel, or possibly smashed my own in to escape the insanity.
I would have the same urges. That is why I had to mutter "Phail" when I read the following:
That was done in the hope that some of Anzaldi’s obvious misapprehensions might be eliminated, on the premise that a word to the wise is (or at least should be) sufficient.
The good judge erred in thinking that Anzaldi was wise and would take his advice. The only thing that possibly would have deterred her from proceding on her mad crusade would have been a gavel to the head.
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