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.