View Full Version : United States v. $107,702.66 North Carolina Civil Forfeiture

05-03-15, 12:41 PM
Lyndon McLellan has spent more than a decade running L&M Convenience Mart, a gas station, restaurant, and convenience store in rural Fairmont, North Carolina where catfish sandwiches go for $2.75.

In February 2015, during a hearing of the U.S. House of Representatives Ways (http://waysandmeans.house.gov/subcommittees/subcommittee/?IssueID=4773)& Means Oversight Subcommittee , North Carolina Congressman George Holding (http://holding.house.gov/)told IRS Commissioner John Koskinen (http://www.huffingtonpost.com/2014/03/26/irs-john-koskinen_n_5036858.html) that he’d reviewed Lyndon’s case—without specifically naming it—and that there was no allegation of the kind of illegal activity required by the IRS’s new policy.

The IRS Commissioner responded (http://www.ij.org/north-carolina-civil-forfeiture), “If that case exists, then it’s not following the policy.”

When news of the IRS Commissioner’s statement got back to the United States Attorney Thomas G. Walker (http://www.justice.gov/usao/nce/meetattorney.html) in charge of Lyndon’s case, he advised Lyndon’s attorney and accountant that he was “concerned” that Lyndon’s case document was provided to Congress, and that:

Whoever made [the document] public may serve their own interest but will not help this particular case.

Your client needs to resolve this or litigate it.

But publicity about it doesn’t help. It just ratchets up feelings in the agency. My offer is to return 50% of the money. The offer is good until March 30th COB.

Lyndon is unwilling to give the government a single penny of his hard-earned money. As he puts it, “It took me 13 years to save that much money and it took fewer than 13 seconds for the government to take it away.”

Lyndon did nothing wrong. That is why he has teamed up with the Institute for Justice to fight this shocking abuse of power, to get his money back and to make sure the government does not do this to anyone else.

And then you have Pete’s wife Doreen. (http://savingtosuitorsclub.net/showthread.php?1545-Victoria-A-Roberts-(born-1951)-is-a-United-States-federal-judge&highlight=Doreen) Bottom line here is that the court commanded Hendrickson to amend her freely-made tax returns for 2002 and 2003 with content dictated by the tax agency, by which she would be made to declare that all her earnings for those years are subject to the income tax.

She eventually did submit the amended returns, but with a declaration that she had been coerced.

The judge then ordered Mrs. Hendrickson to sign the dictated-content forms declaring under oath that she personally believes what she has been ordered to say, and to conceal the fact that the words are not her own.

Pete wrote a book and fought the IRS in their own words that congress wrote, a judge (with jurisdiction I really think it does not matter here) demands (ordered (http://www.losthorizons.com/MidEditionUpdate.htm#1)) Mrs. Hendrickson to sign the dictated-content or go to jail.

Really Now!

Is this the same United States that we came to take an oath and pledge our life to? 28 U.S. Code § 3002 a,b,c, (https://www.law.cornell.edu/uscode/text/28/3002) or the it is the High Court of Admiralty or is it the united states which is not a country but a corporation working for its authority from the Congress of the United States (http://en.wikipedia.org/wiki/Federal_Reserve_System)

It’s time to send these international bankers home. Is the Federal Reserve Act going to expire? No. The Federal Reserve Act of 1913--which established the Federal Reserve as the central bank of the United ...

05-04-15, 07:20 PM
Basically, the money is a vessel-person being held on bail in an in rem proceeding. To get the money out of bail you might have to pay at least two times the amount of the plaintiff's claim (per Rules of Civil Procedure). Can be a lucrative hobby defending and collecting in rem cases if you know how to pull it off.

Federal Rules of Civil Procedure (As amended to December 1, 2014) 1, Title XIII. Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Rules C, E and G at the least). (https://www.law.cornell.edu/rules/frcp/title_XIII)