Thursday, September 14, 2006

The Losing Argument

We went to court on 8-15-06 which was basically a bitching session. The prosecutor doesn’t like our documents particularly the order we made on behalf of Alsup to settle this case and a sight draft for $72 million also for settlement. Judge Alsup said in court we can’t settle this case. He is half honest we can’t because we have nearly a dozen times already and they keep dishonoring them. That is settlement according to the UCC. I saw some comment between bloggers on the UCC that showed me you still know little about it. I will give a few lessons. In a general sense you must know the lawyers and judges don’t know the UCC. In fact they are trained in violation of it. Lawyers and Judges are trained in rhetoric which is a form of circular logic argument. It works like this “All men have legs, all chairs have legs, therefore all chairs are men.” Or in our case “All the banks are complaining, all victims of crimes complain, therefore the banks are victims of a crime.” The UCC is the culmination of 120 years of legislative wrangling and intent to streamline business, the business of commerce. It is not a fluke and it is potent. Rhetoric as with any argument slows down commerce and is contrary to speed and efficiency. Imagine I ship a pallet of eggs, you don’t receive them and I send my invoice with payment terms of 10 days. You are silent and don’t pay. This is a dishonor because you provide no remedy and cause damage in my cash flow or pursuit of truth. Honesty and fair dealing being at the heart of the issue. An honor response would be conditional acceptance. “I will gladly pay upon proof of delivery in 10 days.” Now I have remedy, I discover they were destroyed in shipping and immediately ship replacements. Speed of business and honesty prevailed. That is why all the banks who listened to the US Attorney who told them to remain silent for our pursuit of truth already lost by the UCC. Lawyers are Losers.

17 comments:

notarial dissent said...

In a word, yes, yours certainly is.

Well Kurt, you have finally achieved it, after much practice and effort, you have moved from the bovine to the elephantine in your output of effluvia.

It has been a long time since I have seen any one human being produce on such a regular schedule this amount of pure effluvia. If you weren’t such crock it would be funny in a painful sort of way.

I can well imagine the Prosecutor wasn’t impressed, since I am sure the latest round of voodoo documents you generated had to have been at least on a par with the rest of your wit and wisdom, which is to say dim and none.

You would issue a sight draft for $72 million dollars in settlement, when if truth be known, I doubt you could raise .72¢. Yep, you made an honest effort all right, an honest effort to perpetrate yet another fraud in a long list of amateurish and failed frauds.

Your crock documents are meaningless. Yours is a CRIMINAL prosecution for fraud, the UCC has absolutely nothing to do with it, no place in it, so give it up!!!!!!!! The UCC applies ONLY to business contracts and transactions, and you boobulah were busy committing fraud, which hands you over to a whole other set of laws. You cannot settle a criminal matter with the UCC, it doesn’t apply.

Lawyers and judges do in fact know the UCC, in fact, considerably more than you obviously do, and they know it well enough to know that it has no standing in criminal matter, something you obviously don’t or are busy trying to ignore. In either case it is a waste of time since it doesn’t apply.

In point of fact, despite your contentions, the UCC has been in existence for less than 50 years, and has not been in more than partial use for about the last 30. It has only been adopted to varying degrees by some, not all, of the states, and then often only portions at that, so it is neither old, nor universal, nor all encompassing, nor is it omnipotent. If fact, it is subject to all state and federal laws, and strictly limited to business transactions, and specifically excludes real estate so there goes that excuse for you.

The only dishonor, or lack of honor in this matter, has been yours from the very beginning. Your every action was a fraud and a lie, your sole intent was to defraud your “customers” and the banks and institutions they owed money to.

The banks remained silent to your bilge for the simple reason, that they had no obligation to deal with you. Your so called presentments are legally and factually baseless and worthless in and of themselves, and required no response. The debt itself was validated by the signing of the promissory note and deed of trust and none of your silly paper altered that, or in fact could alter that.

What you created was a nightmare of expense and misery for you “clients”, and a legal mess that will keep a good number of lawyers employed for years to come, for that alone you should be horsewhipped. The only truth here is that your process was a crock and it and you are a frauds, that failed utterly and miserably.

Just out of curiosity, how much longer before Farrel and Tobias will have cut their deals and left you flapping in the breeze?

mogel said...

I KNEW it was just a matter of time that "notarial dissent" would finally make his opinions and accusations known here on this blog.

This can only be a good sign that you've shown up to throw out your flatulence in the wind. As success becomes more imminent, people like yourself will get more & more vehement in their opinions & MORE & MORE NERVOUS & increased name calling will be inevitable. This shows to me the right cages are being rattled AND THE RIGHT TRAPS HAVE BEEN LAID.

By the way I have 73 cents for your legal opinions.

Seen it in Utah said...

Notorial Dissent is, as usual, absolutely correct in his statements. And, as usual, the dim duo are wrong, use partial truths and outrights lies to lead their sheep down the primrose path. At the end of the path lies...prison terms. And sadly, many of the blind worshippers and followers will wring their hands and decry their fate and condemn the law and the banking and federal reserve system. And those of us who know of the dishonesty and scam-ridden behaviors will still shake our heads in disblief at the sheep that have been brainwashed by your prison-held boys. $72 million sight draft! Geez, how stupid.

mogel said...

Dim Whit notarial Dissent said:

"Your EVERY ACTION was a fraud and a lie,......

Beware of anyone who throws out such a blatant universalism like this!!! This is like saying Kurt has never done even one good act EVER. Pretty easy to disprove that. Only one who is lying or has a personal vandetta would say such a thing.

And who ever said that the UCC applies to REAL ESTATE? Where do you get your stupid assumptions and conclusions anyway? Do you just make them up as you go?

The word was "potent" not "omnipotent". With someone like yourself that likes to use such big and flattering words, you would think you could at least quote the correct words.

mogel said...

Blind in Utah said: "Notorial Dissent is, as usual, ABSOLUTELY correct in his statements.
_________________________________
Here we go again. Notorial dissent ACCORDING TO SEEN IT IN UTAH--- is incapable of being incorrect even in the slightest degree. Notice the word, "ABSOLUTELY".

Seen It in Utah, I think you have given up your Mormon faith & given divine Godhood to your fellow attorney in crime, who according to you is ABSOLUTELY INCAPABLE OF ANY ERRORS. So do you now follow him, instead of God?

Maybe your stake president needs to be alerted to this fact?

Seen it in Utah said...

Moogs: Funny. People that I refer to as "prophet, seer and revelator" aren't in jail. Yours are. Feel free to contact my stake president. We are good friends.

mogel said...

Notarial Dissent said: "You cannot settle a criminal matter with the UCC, it doesn’t apply."

This is the same person that said that "you can't settle a criminal matter through arbitration."

LOL LOL LOL LOL LOL LOL
LOL LOL LOL LOL LOL LOL

whyudothat said...

notorial dissent said..The debt itself was validated by the signing of the promissory note and deed of trust


if you believe that to be the definition of debt validation you are a complete fool.

mogel said...

Moogs: Funny. People that I refer to as "prophet, seer and revelator" aren't in jail.
_________________________________
THAT JUST PROVES YOU WOULDN'T SUPPORT JOSEPH SMITH AS A PROPHET, SEER, AND REVELATOR, IF YOU LIVED IN HIS DAY BECAUSE HE SPENT SEVERAL DAYS IN MANY JAILS, NOT ONLY IN CARTHAGE, MO BUT LIBERTY,MO AND OTHER PLACES. You obviously wouldn't have supported JOseph Smith as a prophet, seer, and revelator, since he had a bigger jail record than even Kurt.

Come to think of it, you would have rebelled against supporting even Jesus once he was thrown over to the authorities too since he was imprisoned also.

Your standards of judgment are to say the least, erroneous and short sighted AS USUAL.

You see when men of great vision try to change things, they often end up in jail. The Advesary knows who these good & visionary people are & he works overtime to make their lives miserable to have them give up on their mission.

Am I to be impressed that you are good friends with your stake president? WAs there any other conclusion to be drawn from your purposeful statement other than that? If there was, I obviously missed it.

Seen it in Utah said...

Moogie...then perhaps you need to go to prison yourself and find all the people there that can lead you to enlightenment. I can tell you that the prisons are FULL of people that would love to have you worhsip them...and every one of them is completely innocent, they tell me. I spent enough time on court-assigned criminal defense cases in the past to tell you that your heroes fit the profile of scam artist perfectly. Ad you fit the role of either an unbelievable DUPE, or you are so genuinely afraid of being put in the pokey yourself that you have to spout this crap so that you can claim you were a true believer and therefore attempt to deny criminal knowledge. Either way--pathetic. The fact that you can try to compare early church leaders and Christ to Kurt and Scott tells me volumes. Black and white, my boy. Black and white.

mogel said...

MOSCOW - Andrei Kozlov, a top central banker crusading against money-laundering, had just finished playing soccer with colleagues when two assailants pumped him full of bullets.


Officials suspect the slaying was ordered by crooked financiers unhappy with Kozlov's drive to clean up the system — underscoring how Vladimir Putin's Russia remains a cauldron of murky business interests rife with gangland killings.

The assassins fled in the darkness, leaving their guns behind — the signature of a contract killing. There were no surveillance cameras in the area, and no one could describe the gunmen.

Kozlov, the bank's first deputy chairman, died in a hospital early Thursday without regaining consciousness hours after he was shot late Wednesday, Moscow prosecutor's office said. The banker's driver was also killed in the attack outside the Moscow sports arena where Kozlov and other bank employees had played soccer.

While on a lesser scale than in the turbulent 1990s, contract killings of businessmen and bankers still occur regularly in Russia, where business conflicts often turn violent and the government is seeking closer control over economic activity.

However, the assassination of such a high-ranking official was unusual, and analysts said it posed a direct threat to Putin's government and the country's reputation, possibly leading investors to conclude that Russia is too risky a place to do business.

Kozlov, 41, was a career central bank official widely respected for his longtime efforts to establish order in the chaotic banking sector. Responsible for banking supervision, he had withdrawn the licenses of dozens of banks and had overseen an ambitious scheme to reduce criminality and money laundering in the banking system.

Earlier this month, Kozlov proposed barring bank owners involved in money laundering from ever doing banking business again — a measure that would end a widespread practice of those stripped of banking licenses to simply reregister and continue business under a new name.

"His actions in the field of bank supervision could have prompted bandits in such banks to order his killing," said Boris Gryzlov, the speaker of the Russian parliament's lower house, the State Duma.

Kozlov's work had made him a potential target for the owners of the hundreds of unsound or criminal banks in Russia, and he had frequently been the target of smear campaigns in Russian newspapers and on Web sites.

Mikhail Grishankov, the chairman of the Duma's anti-corruption commission, said that tens of billions dollars were being laundered annually by unscrupulous banks with close links to organized crime and corrupt law enforcement officials.

"Kozlov's killing is a very bad signal for society, showing that honest and decent people remain vulnerable," said Garegin Tosunian, the head of the Association of Russian Banks. He added that the association would offer a reward for the information that would help solve the crime.

Kozlov's most conspicuous achievement had been the introduction of a deposit insurance scheme designed to restore the population's faith in the banking system after widespread defaults in 1998, in which many Russians lost their savings.

In addition to the banks whose licenses were revoked at Kozlov's initiative, he had effectively earmarked many others for closure by refusing them access to the deposit insurance scheme.

Tim Ash, an analyst with finance company Bear Stearns, called the assassination a direct affront to Putin's government. "Failure to apprehend the killers would send a signal to others that intimidation of government officials is once again an option," Ash said, according to Dow Jones Newswires.

Dmitry Golubkov, an analyst with Aton brokerage, said Kozlov's killing dealt a strong blow to Russia's reputation. "The murder of an official of that rank shows high institutional risks in Russia and places it among some unstable Latin American nations," the online gazeta.ru quoted Golubkov as saying.

Anatoly Chubais, Russia's former privatization czar who now heads electricity monopoly RAO Unified Energy Systems and survived an assassination attempt last year, called Kozlov "an unquestionably honest, principled and absolutely noncommercial person."

"His killing is an impudent challenge to all Russian authorities," Chubais said in a statement. "It's the case when the authorities' response should be rigid, prompt and pitiless."

The Russian Cabinet members stood for a moment of silence Thursday to pay tribute to Kozlov, who had been first deputy chairman since 2002 and also held the post in 1997-1999.

"It's a big loss," Prime Minister Mikhail Fradkov told the Cabinet.

Yetter said...

ND Your chance to prove it is coming.

mogel said...

Moogie...then perhaps you need to go to prison yourself and find all the people there that can lead you to enlightenment.


WHERE DOES THAT STATEMENT COME FROM? ARE YOU SAYING YOU CAN'T BE ENLIGHTENED OUTSIDE OF PRISON? I THINK YOU ARE THE ONE THAT IS WHACKED WHEN YOU MAKE SUGGESTIONS LIKE THIS.


I can tell you that the prisons are FULL of people that would love to have you worhsip them...and every one of them is completely innocent, they tell me.

I DOUBT EVERY ONE THAT YOU HAVE REPRESENTED HAS SAID HE WAS COMPLETELY INNOCENT. YOU NEED TO UNDERSTAND THE DIFFERENCE BETWEEN RESPECT & WORSHIP. OBVIOUSLY, YOU DON'T KNOW THE DIFFERENCE.


I spent enough time on court-assigned criminal defense cases in the past to tell you that your heroes fit the profile of scam artist perfectly.

I DOUBT THAT TOO.


Ad you fit the role of either an unbelievable DUPE, or you are so genuinely afraid of being put in the pokey yourself that you have to spout this crap so that you can claim you were a true believer and therefore attempt to deny criminal knowledge. Either way--pathetic.

YEA, RIGHT. I'M SO AFRAID, I CONTINUOUSLY VOICE MY VIEWS ON THE INTERNET. YES, IT'S PATHETIC TO VOICE YOUR VIEWPOINT, ISN'T IT? THIS CASE IS SELECTIVE PROSECUTION, AND IT WON'T GO PAST THAT.




The fact that you can try to compare early church leaders and Christ to Kurt and Scott tells me volumes. Black and white, my boy. Black and white.

I WAS TRYING TO MAKE A POINT THAT YOU CAN'T REALLY FULLY JUDGE A PERSON SOLELY AND SIMPLY BECAUSE THEY ARE IN JAIL. OBVIOUSLY YOU AREN'T SMART ENOUGH TO GET MY POINT. AT LEAST I TRIED.

mogel said...

sEEN iT IN UTAH: YOU ARE AN ATTORNEY, AND YOU ARE SAYING THAT EVERYTHING IS BLACK AND WHITE TO YOU? NO SUCH COLOR AS GRAY IN YOUR EYES OR HOW YOU SEE THINGS sOMETIMES?

ARE YOU SAYING THAT YOUR PROFESSION IS COMPLETELY HONEST, A BLACK OR WHITE ISSUE?

AND YOU EXPECT ME TO BELIEVE THAT TOO? WOULD YOU DEFEND A DEFENDANT THAT CONFESSED TO YOU THAT HE WAS GUILTY BUT ASKED FOR YOUR HELP? WHY DO I FEEL THAT YOU ARE TRYING TO COME ACROSS AS A HOLIER THAN THOU TYPE OF ATTITUDE TO PEOPLE? LOL

This post has been removed by the author said...

"notorial dissent said..The debt itself was validated by the signing of the promissory note and deed of trust"

The debt itself cannot be validated because there is no debt to validate-- no money was exchanged to create a debt.

This post has been removed by the author said...
This comment has been removed by a blog administrator.
itsgonnahappen said...

you know its gonna happen,god forbid if the truth gets into open court and the nation finds out that there is a scam at the highest levels that has taken advantage of the american public and exploited them as slaves to make the flithy rich even filthier..man it will hit the fan for sure,they won't risk it.they will settle and if they convict they will win on appeal,because the appeal will be on the facts..a couple of the people on here are so obvious as to there convictions,they are in the banks pockets,and they act like becuase the boys are in jail they are guilty,yea right.it won't be the first time the rich have put people in jail awaiting trial for years..but this one won't hold out that long..you guys keep hangin in there.[really you have no choice at this point screw em]..god bless