[00:00.000 --> 00:08.760] This news brief brought to you by the International News Net. [00:08.760 --> 00:15.120] Pope Benedict has called on Israeli leaders to recognize a two-state solution to the Israeli-Palestinian [00:15.120 --> 00:21.880] conflict, but Israel's far-right Prime Minister Benjamin Netanyahu has refused to recognize [00:21.880 --> 00:23.840] the Palestinians. [00:23.840 --> 00:29.400] In Britain, an MP who was involved in last month's G20 protests in London is to call [00:29.400 --> 00:36.000] for an investigation into whether the police used agent provocateur to incite the crowds. [00:36.000 --> 00:40.560] The World Health Organization said in its latest report, 29 countries have officially [00:40.560 --> 00:44.720] reported 4,300 confirmed cases of swine flu. [00:44.720 --> 00:49.280] Mexico reported 1,600 cases, including 45 deaths. [00:49.280 --> 00:53.360] The U.S. reported 2,200 cases, including two deaths. [00:53.360 --> 01:00.000] Canada and Costa Rica each reported one death. [01:00.000 --> 01:06.040] Iran says Israel's undeclared arsenal of 200 atomic warheads is the only obstacle in [01:06.040 --> 01:09.720] the way of a nuclear-free zone in the Middle East. [01:09.720 --> 01:15.440] In an address Monday at the Nuclear Non-Proliferation Treaty Review Conference in New York, Iranian [01:15.440 --> 01:21.800] delegates hit out at the lack of world action on Israel's possession of nuclear weapons. [01:21.800 --> 01:27.600] Iranian delegates criticized the West's hands-off approach to Tel Aviv's development of nuclear [01:27.600 --> 01:28.800] weaponry. [01:28.800 --> 01:33.920] The Iranian delegation asserted Washington and their European counterparts helped equip [01:33.920 --> 01:40.640] Israel with nuclear weaponry in complete violation of the Nuclear Non-Proliferation Treaty. [01:40.640 --> 01:45.440] Israel is widely regarded as the sixth-largest nuclear power in the world and the sole possessor [01:45.440 --> 01:48.440] of an atomic arsenal in the Middle East. [01:48.440 --> 01:54.560] It reportedly houses 100 bunker-busting bombs, laser-guided mini-nukes with the ability to [01:54.560 --> 01:57.240] hit underground targets. [01:57.240 --> 02:02.040] Investigative journalist Seymour Hersh revealed that former President Richard Nixon and his [02:02.040 --> 02:16.240] foreign policy adviser Henry Kissinger privately endorsed Israel's atomic arsenal in 1969. [02:16.240 --> 02:22.200] Anti-group, the recipient of $45 billion in taxpayer bailout funds, has emailed borrowers [02:22.200 --> 02:27.480] who took out student loans encouraging them to write to Congress opposing the administration's [02:27.480 --> 02:32.480] student loan proposal. [02:32.480 --> 02:38.120] Barack Obama estimates that banks have been making $15 million a day selling and securitizing [02:38.120 --> 02:43.600] student loans without taking on any risk since student loans are guaranteed by the government [02:43.600 --> 02:46.600] and cannot be discharged by inner bankruptcy. [02:46.600 --> 02:51.240] The New York Times says the most controversial aspect of Obama's proposed legislation would [02:51.240 --> 03:13.680] allow students to borrow direct from the government. [04:51.240 --> 05:19.680] The New York Times says the most controversial aspect of Obama's proposed legislation would [05:19.680 --> 05:39.640] allow students to borrow direct from the government and cannot be discharged by inner bankruptcy. [05:39.640 --> 05:53.600] The New York Times says the most controversial aspect of Obama's proposed legislation would [05:53.600 --> 06:08.200] allow students to borrow direct from the government and cannot be discharged by inner bankruptcy. [06:08.200 --> 06:15.200] The New York Times says the most controversial aspect of Obama's proposed legislation would [06:15.200 --> 06:27.200] allow students to borrow direct from the government and cannot be discharged by inner bankruptcy. [06:27.200 --> 06:35.200] The New York Times says the most controversial aspect of Obama's proposed legislation would [06:35.200 --> 06:45.200] allow students to borrow direct from the government and cannot be discharged by inner bankruptcy. [06:45.200 --> 06:54.200] The New York Times says the most controversial aspect of Obama's proposed legislation would [06:54.200 --> 07:03.200] allow students to borrow direct from the government and cannot be discharged by inner bankruptcy. [07:03.200 --> 07:12.200] Well, after numerous attempts to acquire employment in different places such as schools or hospitals [07:12.200 --> 07:19.200] and this kind of thing, I kept getting turned down and one thing led to another and I got [07:19.200 --> 07:26.200] suspicious and one day I asked an employer that luckily I had gotten a job with in Houston, [07:26.200 --> 07:38.200] Texas about that and they acknowledged that there was a bad consumer investigative report [07:38.200 --> 07:43.200] about me and that's the reason why, that there were some derogatory and ludicrous things [07:43.200 --> 07:46.200] being said about me. [07:46.200 --> 07:57.200] The bottom line is though that under the law it's in the United States statutes 609, 610. [07:57.200 --> 08:03.200] For example, I went to San Antonio Retail Merchants Association one time about a year [08:03.200 --> 08:04.200] ago. [08:04.200 --> 08:08.200] They gave me a credit report and when I asked them for a consumer investigative report, [08:08.200 --> 08:13.200] this lady walked back and spoke with someone else and came back and said, well, I'm sorry [08:13.200 --> 08:18.200] but we're not going to be able to give you a consumer investigative report. [08:18.200 --> 08:25.200] But yet under the law, right here in the United States statutes 609 it says every consumer [08:25.200 --> 08:29.200] reporting agent shall upon request and proper identification of any consumer clearly and [08:29.200 --> 08:35.200] accurately disclose to the consumer the nature of this and so forth and so on. [08:35.200 --> 08:45.200] Okay, what has happened here too is that a prospective employer, they'll come up with [08:45.200 --> 08:47.200] all sorts of excuses not to hire you. [08:47.200 --> 08:52.200] They won't come out straight out and tell you, well, hey, I'm sorry but it's because [08:52.200 --> 08:53.200] of a bad consumer. [08:53.200 --> 08:58.200] The reason they won't say that is they won't tell you that it's because of a bad consumer [08:58.200 --> 09:04.200] investigative report is a simple reason of potential litigation or they don't want any [09:04.200 --> 09:09.200] kind of litigation coming forth even though by law they're supposed to disclose to you [09:09.200 --> 09:13.200] that, hey, we didn't hire you because of a bad consumer investigative report and the [09:13.200 --> 09:20.200] most ironic thing is that these things affect practically every aspect of a person's life. [09:20.200 --> 09:29.200] If you apply for a mortgage, if you certain landlords have access to that, I even attempted [09:29.200 --> 09:34.200] to get a volunteer work in a hospital. [09:34.200 --> 09:38.200] They asked me for my birth date, social security number and my name and all that kind of stuff. [09:38.200 --> 09:44.200] After a while I was told, well, I'm sorry but you're not suitable and we're not going [09:44.200 --> 09:47.200] to be able to put you on. [09:47.200 --> 09:53.200] I used to years back prior to any of these things happening would be sent a summons to [09:53.200 --> 09:56.200] appear for dewery duty or this kind of thing. [09:56.200 --> 10:01.200] Well, I don't necessarily care to do that but my point I'm making is that after all [10:01.200 --> 10:06.200] of this came about, this never happened anymore. [10:06.200 --> 10:11.200] A simple thing that happened not too long ago, about two years ago, I applied for a [10:11.200 --> 10:16.200] job that I was very well qualified for at San Antonio Independent School District, [10:16.200 --> 10:20.200] my correction, Northeast Independent School District. [10:20.200 --> 10:27.200] I had been interviewed and everything and I was almost, the man had told me I was very [10:27.200 --> 10:31.200] well qualified and that I had good employment references. [10:31.200 --> 10:37.200] When the final stage of the thing came about, he said, well, Mr. Spicer, I'm sorry but [10:37.200 --> 10:44.200] because of his exact words and his exact words were, Mr. Spicer, I'm sorry but for [10:44.200 --> 10:49.200] reasons of which I cannot disclose to you, we are not going to be able to hire you. [10:49.200 --> 10:55.200] I went to Trinity University which is here in San Antonio several years back and applied [10:55.200 --> 10:59.200] for a job there which I also had the references and I was qualified for. [10:59.200 --> 11:04.200] This lady would never divulge to me the reason they wouldn't hire me. [11:04.200 --> 11:07.200] She says, I'm sorry but we just can't hire you, period. [11:07.200 --> 11:12.200] And this kept going on and I couldn't understand that. [11:12.200 --> 11:15.200] I even went to electrical contractor. [11:15.200 --> 11:21.200] I'm a licensed electrician several years back and this guy says, we don't have any [11:21.200 --> 11:23.200] jobs for you, go away. [11:23.200 --> 11:29.200] And I couldn't figure why I was being spoken to in that manner which in essence I had [11:29.200 --> 11:34.200] good references and was licensed and everything else. [11:34.200 --> 11:41.200] And so I kept doing some research and putting two and two together and after, [11:41.200 --> 11:47.200] especially after this man for this company I worked for in Houston divulged to me, [11:47.200 --> 11:51.200] well, you've got a bad consumer investigative report. [11:51.200 --> 11:55.200] Only he would not elaborate and he would not elaborate any further. [11:55.200 --> 12:03.200] And so I knew right there and then that where the problem lied all along, I consulted an [12:03.200 --> 12:08.200] attorney once upon a time and I was told, well, unless you can pinpoint exactly which one of [12:08.200 --> 12:13.200] these credit reporting agencies has these things, well, we're not going to be able to [12:13.200 --> 12:15.200] do anything about it. [12:15.200 --> 12:18.200] I said, hey, I paid you money, I'm hiring you to do this. [12:18.200 --> 12:20.200] That's your job to do this. [12:20.200 --> 12:28.200] And so he reneged on pursuing it any further and that's the end of the line. [12:28.200 --> 12:33.200] And the worst thing about it, I had a situation, this had gotten so bad that it even [12:33.200 --> 12:35.200] affected my love life. [12:35.200 --> 12:39.200] I lost someone that I cared very, very dearly for, a lady I loved very, [12:39.200 --> 12:42.200] very much and still do. [12:42.200 --> 12:46.200] And I cried my eyes out for this lady and the only reason I lost her is because she [12:46.200 --> 12:51.200] found out about these things and I couldn't convince her otherwise. [12:51.200 --> 12:54.200] This friend of mine that also knew about these things, a former supervisor for a [12:54.200 --> 12:58.200] company I worked for in Houston, I called him and I had an in-depth discussion about [12:58.200 --> 13:03.200] these things and about the fact that I had lost this lady that I cared so much for. [13:03.200 --> 13:10.200] And he said, well, you know, Richard, women are very sensitive to certain information [13:10.200 --> 13:15.200] and things and if they see something like that on a computer monitor screen, if they [13:15.200 --> 13:20.200] see something like that on there and so forth, they're automatically going to shy away [13:20.200 --> 13:23.200] from you and I frankly don't know what to tell you. [13:23.200 --> 13:28.200] He said, and this book that you're writing, this book that you're writing may not help [13:28.200 --> 13:30.200] you but perhaps it will help someone else. [13:30.200 --> 13:44.200] Well, this was my point in writing this book was for public awareness and, you know, [13:44.200 --> 13:49.200] our legal rights are slowly being eroded as well as our right to privacy and so forth. [13:49.200 --> 13:57.200] And what has happened to me, it was a downright complete injustice. [13:57.200 --> 14:03.200] How can these kind of things be happening in America in the 21st century is beyond my [14:03.200 --> 14:09.200] comprehension and it seems as though we're living in a totalitarian era of government [14:09.200 --> 14:15.200] that my complaints, I have written letters to the Federal Trade Commission, to a U.S. [14:15.200 --> 14:24.200] Senator, to a U.S. Congressman and all of those things are copies thereof are included [14:24.200 --> 14:30.200] in this book and I'll just as well be writing on the wall here. [14:30.200 --> 14:34.200] I mean, everything fell on deaf ears and I spoke with a man that's a friend of mine [14:34.200 --> 14:36.200] that's a paralegal here in San Antonio. [14:36.200 --> 14:37.200] He said, you know what? [14:37.200 --> 14:44.200] He said most of these government officials and so forth, they know all about those things. [14:44.200 --> 14:46.200] They don't care is the bottom line. [14:46.200 --> 14:48.200] No one cares about anything. [14:48.200 --> 14:52.200] I said, well, I said that's the purpose why I've written this book. [14:52.200 --> 14:58.200] It's to enlighten the public about how these things are set up, how they originated. [14:58.200 --> 15:05.200] They originally were introduced by Senator Proxmire and they had numerous debates in [15:05.200 --> 15:10.200] Congress about that and it was originally introduced by Senator Proxmire in 1969. [15:10.200 --> 15:20.200] And these things became law, became law under Public Law 91-508, October 26, 1970. [15:20.200 --> 15:25.200] This became law, this set up of these investigative consumer reports? [15:25.200 --> 15:31.200] Yes, it became law under known as Public Law 91-508, October 26, 1970. [15:31.200 --> 15:37.200] Oh, by the way, and that's in this book also, there was some litigation that came [15:37.200 --> 15:43.200] about this in the state of Florida because there were some problems in reference to [15:43.200 --> 15:47.200] a similar scenario to my situation. [15:47.200 --> 15:53.200] I don't remember all the details of it, but it's in this book on Chapter 8. [15:53.200 --> 15:57.200] All right, and you said that you were going to try to take some of these credit [15:57.200 --> 16:04.200] reporting bureaus to task over this, but that this attorney, no doubt some kind of [16:04.200 --> 16:08.200] a Crete told you that he couldn't do anything unless he knew which one. [16:08.200 --> 16:09.200] Exactly. [16:09.200 --> 16:11.200] That's not true. [16:11.200 --> 16:16.200] Well, as a matter of fact, I'm sitting here looking at the Fair Credit Reporting [16:16.200 --> 16:17.200] Act right now. [16:17.200 --> 16:23.200] Section 606 defines all of the things they must do before they can even begin to [16:23.200 --> 16:26.200] start consolidating that report on you. [16:26.200 --> 16:32.200] And here it says they must notify you prior to its release that such a report has [16:32.200 --> 16:34.200] been requested. [16:34.200 --> 16:35.200] Well, all right, there you go. [16:35.200 --> 16:37.200] So there is something that can be done. [16:37.200 --> 16:39.200] Richard, listen, hang on the line. [16:39.200 --> 16:40.200] We're going to break. [16:40.200 --> 16:42.200] Richard, Richard, wait, wait, wait, wait. [16:42.200 --> 16:43.200] Richard, hold on. [16:43.200 --> 16:44.200] We're going to break. [16:44.200 --> 16:46.200] We've got 10 seconds to break. [16:46.200 --> 16:49.200] This is the rule of law, Randy Kelton and Deborah Stevens. [16:49.200 --> 16:52.200] We're here with Eddie Craig and Richard Spicer. [16:52.200 --> 16:56.200] He's going to be at Brave New Books this Thursday evening. [16:56.200 --> 17:00.200] We'll be right back. [17:00.200 --> 17:06.200] Are you looking for an investment that has no stock market risk, has a 100 percent [17:06.200 --> 17:11.200] track record of returning profits, is not affected by fluctuations in oil prices and [17:11.200 --> 17:16.200] interest rates, is publicly traded and SEC regulated? [17:16.200 --> 17:20.200] If this kind of peace of mind is what you have been looking for in an investment, [17:20.200 --> 17:23.200] then life settlements is the investment for you. [17:23.200 --> 17:29.200] Our annual rate of return has been 15.83 percent for the last 17 years. [17:29.200 --> 17:33.200] Our investments are insurance and banking commission regulated. [17:33.200 --> 17:37.200] Our returns are assured by the largest insurance companies. [17:37.200 --> 17:43.200] Qualified retirement plans such as 401Ks and IRAs are eligible for transfer. [17:43.200 --> 17:45.200] We charge absolutely no commissions. [17:45.200 --> 17:48.200] One hundred percent of your investment goes to work for you. [17:48.200 --> 17:58.200] Please visit sleepwellinvestment.com or call Bill Shelbur at 817-975-2431. [17:58.200 --> 18:06.200] That's sleepwellinvestment.com or call 817-975-2431. [18:06.200 --> 18:33.200] We ask the questions and they don't give the answers. [18:33.200 --> 18:36.200] This is a perfect song for Richard. [18:36.200 --> 18:37.200] They do not give the answers. [18:37.200 --> 18:43.200] Tyranny, thema tear you, thema tear me, thema tear up the whole country. [18:43.200 --> 18:44.200] All right. [18:44.200 --> 18:49.200] It's not just the government, but apparently these rogue credit bureaus as well. [18:49.200 --> 18:50.200] All right. [18:50.200 --> 18:55.200] We're talking about investigative consumer reports, and this is not like consumer reports [18:55.200 --> 18:58.200] like you would think the magazine, you know, people that would be on our side. [18:58.200 --> 19:06.200] This has to do with secret information that these credit agencies have on you that you cannot access, [19:06.200 --> 19:08.200] or apparently they're denying Richard access. [19:08.200 --> 19:13.200] Now, Eddie's saying that the loss is something a little bit different. [19:13.200 --> 19:18.200] So, Eddie, please go into this code that you just pulled up. [19:18.200 --> 19:22.200] Yeah, the Federal Act that's governing this is the Fair Credit Reporting Act, [19:22.200 --> 19:27.200] and Section 606, Disclosure of Investigative Consumer Reports. [19:27.200 --> 19:30.200] Sub-Item A, Disclosure of Fact of Preparation. [19:30.200 --> 19:37.200] A person may not procure or cause to be prepared an investigative consumer report on any consumer [19:37.200 --> 19:44.200] unless it is clearly and accurately disclosed to the consumer that an investigative consumer report, [19:44.200 --> 19:49.200] including information as to his character, general reputation, personal characteristics, [19:49.200 --> 19:52.200] and mode of living, whichever are applicable, may be made, [19:52.200 --> 19:59.200] and such disclosure is made in writing, mailed, or otherwise delivered to the consumer, [19:59.200 --> 20:06.200] not later than three days after the date on which the report was first requested. [20:06.200 --> 20:09.200] Now, the person doing the requesting is the person that, of course, [20:09.200 --> 20:13.200] that you're trying to get the job with or get credit from or so on and so forth. [20:13.200 --> 20:15.200] But right here, it's very clear in 606, [20:15.200 --> 20:24.200] they must send you a copy of that report within three days after its request has been made. [20:24.200 --> 20:25.200] Wow. [20:25.200 --> 20:32.200] Now, Richard was saying that he tried to pursue legal action against these agencies, [20:32.200 --> 20:37.200] but the lawyer wouldn't do it because he didn't know which one it was. [20:37.200 --> 20:40.200] But they all have to send you the document according to this. [20:40.200 --> 20:43.200] Any of them do. Any of them do. [20:43.200 --> 20:46.200] They've never sent me anything. [20:46.200 --> 20:50.200] And when all of this first initiated to begin with, [20:50.200 --> 20:57.200] I was never informed that there was any kind of consumer investigative report taking place. [20:57.200 --> 21:02.200] I was never informed that the Federal Trade Commission or any credit reporting agency or anyone, [21:02.200 --> 21:09.200] for that matter, was doing an in-depth investigation into my character or acquaintances [21:09.200 --> 21:12.200] or any other thing or the people I worked with or anything. [21:12.200 --> 21:16.200] I had no knowledge of any of this. It just occurred. [21:16.200 --> 21:18.200] I had no knowledge of this. [21:18.200 --> 21:21.200] I found out much later, when I found out much later, [21:21.200 --> 21:26.200] that unfortunately the State of Texas Statute of Limitations had run out, [21:26.200 --> 21:30.200] so I couldn't file a lawsuit on anything. [21:30.200 --> 21:32.200] I couldn't do anything, period. [21:32.200 --> 21:35.200] So everything remained there and is still there today. [21:35.200 --> 21:38.200] Well, actually, this is federal law. [21:38.200 --> 21:39.200] I know. [21:39.200 --> 21:43.200] But since we're dealing with federal law, it's their statute of limitations that makes a difference, [21:43.200 --> 21:45.200] not the Texas law. [21:45.200 --> 21:47.200] That's true. [21:47.200 --> 21:51.200] But I guess at the time, I wasn't thinking in that order. [21:51.200 --> 21:53.200] But that's true. [21:53.200 --> 21:57.200] And anyway, these things have done devastating damage to me. [21:57.200 --> 22:02.200] I have lost lucrative employment because of this, [22:02.200 --> 22:05.200] not to mention being embarrassed and humiliated to the nth degree. [22:05.200 --> 22:10.200] I've had feedback of things said about me that are absolutely, [22:10.200 --> 22:16.200] I'm too embarrassed to even quote it, but it's all in this book. [22:16.200 --> 22:20.200] Well, now, Eddie, okay, talking about the statute of limitations here, [22:20.200 --> 22:26.200] how do we know where to start the statute of limitations timeline [22:26.200 --> 22:30.200] if we don't know when these reports were issued? [22:30.200 --> 22:34.200] Well, the thing is, your time starts ticking when you're made aware [22:34.200 --> 22:37.200] of the fact that it's been done illegally. [22:37.200 --> 22:42.200] Any time an illegal act occurs, the clock does not automatically start ticking [22:42.200 --> 22:46.200] unless you have knowledge of the illegality of the act. [22:46.200 --> 22:50.200] It's just like when someone causes a wrongful death in a hospital. [22:50.200 --> 22:54.200] That may have happened 10 years ago, but if you had no knowledge [22:54.200 --> 22:59.200] or reason to consider the possibility at that time that there was something illegal that occurred, [22:59.200 --> 23:02.200] the clock has not started running on you. [23:02.200 --> 23:07.200] In this case, what he's talking about would quite probably fall under the statute of frauds, [23:07.200 --> 23:12.200] and depending upon the severity of the fraud, may have up to five years to go after them [23:12.200 --> 23:16.200] once he's made known that there's something illegal going on. [23:16.200 --> 23:20.200] When did you first find out about these secret documents, Richard? [23:20.200 --> 23:26.200] Let's see, it must have been in the 19, let's see, around 1989 or 90. [23:26.200 --> 23:29.200] I don't remember exactly, but I can certainly find out. [23:29.200 --> 23:33.200] Somewhere back in that time. [23:33.200 --> 23:39.200] Right, but now see, remember, you get a new clock every time this report gets generated. [23:39.200 --> 23:44.200] So if you go tomorrow and apply for a job and don't get it because of this report, [23:44.200 --> 23:46.200] that's a whole new clock start, right? [23:46.200 --> 23:53.200] Right, when is the most recent activity that you know of that you were affected by this? [23:53.200 --> 23:57.200] Probably a year or two years ago. [23:57.200 --> 23:59.200] Okay, well then there we go. [23:59.200 --> 24:02.200] Then you're still within the statute of limitations then. [24:02.200 --> 24:07.200] But there again, just like I stated earlier, an employer, [24:07.200 --> 24:10.200] even though by law they are supposed to tell you, [24:10.200 --> 24:14.200] well we didn't hire you because of a bad consumer investigative report, [24:14.200 --> 24:19.200] most of them will not tell you anything, period. [24:19.200 --> 24:24.200] And there are no provisions, they won't tell you that because of potential litigation. [24:24.200 --> 24:27.200] I stated all of these things in this book. [24:27.200 --> 24:32.200] And I went to the Equal Employment Opportunity Commission, EEOC, [24:32.200 --> 24:41.200] and they have no provisions governing employment that you could not get [24:41.200 --> 24:44.200] because of bad consumer investigative reports. [24:44.200 --> 24:46.200] And that needs to change also. [24:46.200 --> 24:51.200] I feel they need to change that, you know. [24:51.200 --> 24:56.200] Well, this is Section 613 of the Fair Credit Reporting Act, [24:56.200 --> 24:59.200] public record information for employment purposes. [24:59.200 --> 25:04.200] A consumer reporting agency which furnishes a consumer report for employment purposes [25:04.200 --> 25:09.200] and which for that purpose compiles and reports items of information on consumers [25:09.200 --> 25:11.200] which are matters of public record [25:11.200 --> 25:17.200] and are likely to have an adverse effect upon a consumer's ability to obtain employment shall. [25:17.200 --> 25:23.200] At the time such public record information is reported to the user of such consumer report, [25:23.200 --> 25:28.200] notify the consumer of the fact that public record information is being reported [25:28.200 --> 25:30.200] by the consumer reporting agency, [25:30.200 --> 25:35.200] together with the name and address of the person to whom such information is being reported [25:35.200 --> 25:41.200] or maintain strict procedures designed to ensure that whenever public record information [25:41.200 --> 25:46.200] which is likely to have an adverse effect on a consumer's ability to obtain employment [25:46.200 --> 25:50.200] is reported, it is complete and up to date. [25:50.200 --> 25:55.200] For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, [25:55.200 --> 26:00.200] suits, tax liens, and outstanding judgments shall be considered up to date [26:00.200 --> 26:05.200] if the current publication record status of the item at the time of the report is reported. [26:05.200 --> 26:11.200] Now, there was something I was looking at up here where it shows that every consumer reporting agency, [26:11.200 --> 26:19.200] and this is up under 609, shall upon request and subject to 610A1, section 1681H, [26:19.200 --> 26:28.200] clearly and accurately disclose to the consumer all information in the consumer's file at the time of the request, [26:28.200 --> 26:33.200] except that nothing in this paragraph shall be construed to require a consumer reporting agency [26:33.200 --> 26:39.200] to disclose to a consumer any information concerning credit scores or other risk scores [26:39.200 --> 26:43.200] or predicators relating to the consumer. [26:43.200 --> 26:49.200] Now, that means if they're using any public record information, they must disclose that, all of it. [26:49.200 --> 26:56.200] The only thing they're not required to disclose is credit scoring criteria. [26:56.200 --> 26:57.200] I am very much aware of that. [26:57.200 --> 27:02.200] I've done extensive research into these things, but the law is not being adhered to. [27:02.200 --> 27:08.200] As a matter of fact, I'm looking at a sample application, and this is for a hospital in Dallas, Texas, [27:08.200 --> 27:13.200] the doctor's hospital, and a very small last paragraph says, [27:13.200 --> 27:19.200] if you are denied employment either wholly or partly because of information contained in a consumer report, [27:19.200 --> 27:25.200] a disclosure will be made to you of the name and address of the consumer reporting agency making such report. [27:25.200 --> 27:31.200] This is dated 12th, 5th, 94, public law 91-508. [27:31.200 --> 27:33.200] This never occurred. [27:33.200 --> 27:34.200] That's exactly my point. [27:34.200 --> 27:42.200] They will not relinquish anything because they'll tell you whatever they want, resume, application, [27:42.200 --> 27:48.200] whatever goes in file 13 in the trash can, end of story, and that's all there is to it. [27:48.200 --> 27:58.200] I have written letters, like I said, to my congressman, U.S. Senator Kay Bailey Hutchison and John Cornyn, [27:58.200 --> 28:06.200] and hey, they'll get one of their associates there to just write whatever and just kind of brush you off. [28:06.200 --> 28:12.200] They themselves don't even bother to do research into the intricate manner in which some of these laws were written [28:12.200 --> 28:20.200] and why it's so hard to eradicate any of these things, let alone bring suit in court or whatever. [28:20.200 --> 28:22.200] It's very difficult. [28:22.200 --> 28:29.200] It sounds to me like suit needs to be filed against these credit agencies more than anything for withholding this [28:29.200 --> 28:33.200] information when the law clearly says they have to give it to you. [28:33.200 --> 28:37.200] Yes, ma'am, I agree, and I have tried my darkest. [28:37.200 --> 28:40.200] I have written letters to all three of them at once upon a time. [28:40.200 --> 28:43.200] I even have a copy of one of them, I think. [28:43.200 --> 28:45.200] I still have copies of them. [28:45.200 --> 28:54.200] Like I said, at the advice of an attorney here in San Antonio, that's when I was turned down for a job [28:54.200 --> 28:58.200] at another school district, then I went to Retail Merchants Association. [28:58.200 --> 29:06.200] They provided me a credit report, and as I said earlier, I asked the lady to give me a full consumer [29:06.200 --> 29:13.200] investigative report, and I told her what the situation was, and she went back and spoke with someone else, [29:13.200 --> 29:18.200] and then she came back and said, I'm sorry, but we're not going to be able to relinquish a consumer investigative [29:18.200 --> 29:21.200] report to you, and so my hands were tied. [29:21.200 --> 29:27.200] I couldn't do anything else, even though, as Eddie just stated, it's in the law. [29:27.200 --> 29:31.200] I know it's in the law, but it's not being adhered to. [29:31.200 --> 29:32.200] Incredible. [29:32.200 --> 29:35.200] All right, well, listen, we're about to go to break again. [29:35.200 --> 29:44.200] We have a caller on the line who may have some comments on this as well, and then also it looks like Randy has [29:44.200 --> 29:49.200] appeared back on the scene, so we'll bring him back into the conversation as well on this matter. [29:49.200 --> 29:51.200] So we will be right back. [29:51.200 --> 29:55.200] This is the rule of law, Randy Kelton, Deborah Stevens, Eddie Craig. [29:55.200 --> 29:57.200] We're here with Richard Spicer. [29:57.200 --> 30:00.200] We'll be right back. [30:00.200 --> 30:05.200] Gold prices are at historic highs, and with the recent pullback, this is a great time to buy. [30:05.200 --> 30:10.200] With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability in [30:10.200 --> 30:13.200] world financial systems, I see gold going up much higher. [30:13.200 --> 30:16.200] Hi, I'm Tim Fry at Roberts and Roberts Brokerage. [30:16.200 --> 30:20.200] Everybody should have some of their assets in investment grade precious metals. [30:20.200 --> 30:25.200] At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence from a brokerage [30:25.200 --> 30:29.200] that specialized in the precious metals market since 1977. [30:29.200 --> 30:34.200] If you are new to precious metals, we will happily provide you with the information you need to make [30:34.200 --> 30:37.200] an informed decision whether or not you choose to purchase from us. [30:37.200 --> 30:42.200] Also, Roberts and Roberts Brokerage values your privacy and will always advise you in the event [30:42.200 --> 30:45.200] that we would be required to report any transaction. [30:45.200 --> 30:50.200] If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment. [30:50.200 --> 30:54.200] Call us at 800-874-9760. [30:54.200 --> 31:00.200] We're at Roberts and Roberts Brokerage, 800-874-9760. [31:24.200 --> 31:34.200] Okay, we are back. [31:34.200 --> 31:38.200] The Rule of Law, ruleoflawradio.com. [31:38.200 --> 31:40.200] We're here with Richard Speicher. [31:40.200 --> 31:42.200] I'm sorry, Richard Speicher. [31:42.200 --> 31:44.200] I'm sorry, Richard Speicher. [31:44.200 --> 31:50.200] He's having a talk at Brave New Books this Thursday at 7 p.m. [31:50.200 --> 31:56.200] Here at Central Time, it's this Thursday, the 21st, and he has his book, [31:56.200 --> 32:01.200] Consumer Investigative Reports, Gustapo Tactics in the 21st Century. [32:01.200 --> 32:07.200] And Eddie, you had some code that you were about to read concerning this as well. [32:07.200 --> 32:15.200] Yeah, there's in Section 618 of the Fair Credit Reporting Act, [32:15.200 --> 32:18.200] it's got the jurisdiction of the court and the limitation of actions, [32:18.200 --> 32:24.200] which is two years after the date of discovery by the plaintiff of the violation [32:24.200 --> 32:28.200] or five years after the date on which the violation actually occurs. [32:28.200 --> 32:33.200] So you've got anywhere from two to five years, depending upon when it occurred [32:33.200 --> 32:36.200] and when you knew about it, to do something. [32:36.200 --> 32:45.200] And it looks like 616 and 617 deal with how they can be sued in civil cases. [32:45.200 --> 32:53.200] Well, that's an interesting thing because this originated way back in 1979, [32:53.200 --> 33:01.200] and I didn't discover this until, I didn't discover all of these things until I think 80s, [33:01.200 --> 33:08.200] let's see, it was in the 80s, 88 or 89, somewhere in there. [33:08.200 --> 33:19.200] And like I said, I was kind of, I guess I went to the wrong person, it was a legal aid firm, [33:19.200 --> 33:23.200] and that's what this fellow told me at the time, he says, [33:23.200 --> 33:28.200] well I'm sorry but unless you can pinpoint exactly which one of these three credit reporting agencies [33:28.200 --> 33:32.200] has got these things, then I don't have anything to go into court with. [33:32.200 --> 33:38.200] Well see, the thing is if you need to, if you fill out the request demanding this information from them [33:38.200 --> 33:44.200] and then they don't give it to you, well then they've already, they've screwed up right there. [33:44.200 --> 33:45.200] Oh, I know. [33:45.200 --> 33:49.200] I mean how difficult is it to send the same letter to three companies saying, [33:49.200 --> 33:52.200] if you're the one that has this information or was asked to create it, [33:52.200 --> 33:55.200] then I want a copy of it through Discovery right now. [33:55.200 --> 33:58.200] Well, I have attempted to do that. [33:58.200 --> 34:02.200] As a matter of fact, let me read you a short sentence here. [34:02.200 --> 34:06.200] A newspaper reporter, Tracy Hamilton with the San Antonio Express News, [34:06.200 --> 34:12.200] attempted to secure the consumer investigative reports in my file under my name [34:12.200 --> 34:15.200] and with my permission under the Freedom of Information Act. [34:15.200 --> 34:18.200] They refused to forward any of these reports. [34:18.200 --> 34:22.200] The items contained in such reports affect every aspect in a person's life. [34:22.200 --> 34:27.200] And she couldn't get them, and she was a reporter for San Antonio Express. [34:27.200 --> 34:32.200] Well, that's because most likely Freedom of Information Act is not going to apply in this case [34:32.200 --> 34:36.200] because this isn't government documents. [34:36.200 --> 34:38.200] Yeah, but it's government regulated. [34:38.200 --> 34:43.200] In this case, you need GAIL. [34:43.200 --> 34:51.200] Now, apparently someone can get these investigative reports and use them against you. [34:51.200 --> 34:54.200] Who can get them? [34:54.200 --> 34:56.200] Well, here's something else I read, Randy. [34:56.200 --> 34:59.200] Whoever makes the request for the consumer report [34:59.200 --> 35:06.200] must supply a certification number to the reporting agency. [35:06.200 --> 35:10.200] It does not specify what that certification number is. [35:10.200 --> 35:12.200] Well, that wasn't where I was going. [35:12.200 --> 35:18.200] If someone can get these reports and then use the information in those reports, [35:18.200 --> 35:21.200] how do those people get it? [35:21.200 --> 35:23.200] Well, that's what I'm saying. [35:23.200 --> 35:26.200] Like, for instance, the companies, if you're going to ask for employment with them, [35:26.200 --> 35:31.200] they can go to these reporting agencies and they can request these reports run on you, [35:31.200 --> 35:36.200] but they have to supply a certification number in order to get it, or at least they're supposed to. [35:36.200 --> 35:38.200] That's exactly the point. [35:38.200 --> 35:43.200] If I called up one of these companies and said, I've got this guy... [35:43.200 --> 35:46.200] No, no, you have to be registered on file with them. [35:46.200 --> 35:50.200] You can't just call up and say, I'm so-and-so. [35:50.200 --> 35:52.200] You have to be registered on file. [35:52.200 --> 35:54.200] Well, okay, that's what Richard was explaining earlier. [35:54.200 --> 35:55.200] There's a list. [35:55.200 --> 36:00.200] You have to file documents with them and get on file with them. [36:00.200 --> 36:05.200] Then if he has applied to a school district for employment [36:05.200 --> 36:10.200] and that school district has secured this information, [36:10.200 --> 36:14.200] you can get it from Freedom Information from them. [36:14.200 --> 36:16.200] They will claim that it's secret information, [36:16.200 --> 36:20.200] but you have exclusion by personal interest. [36:20.200 --> 36:23.200] Well, the thing is you don't know if the school district has it or not, [36:23.200 --> 36:26.200] because they're not going to tell you. [36:26.200 --> 36:29.200] You don't know if they have it or not. [36:29.200 --> 36:32.200] That's the thing. [36:32.200 --> 36:33.200] But I think that this... [36:33.200 --> 36:36.200] I like what Eddie's saying here about this number. [36:36.200 --> 36:40.200] It's almost like a tracking number. [36:40.200 --> 36:41.200] That's right. [36:41.200 --> 36:45.200] These mortgage companies, banks and employers and so forth, [36:45.200 --> 36:50.200] it's just what he just got to say, and you have to have a number, [36:50.200 --> 36:56.200] an identification number that's forwarded to these credit reporting agencies [36:56.200 --> 36:58.200] online or however, [36:58.200 --> 37:02.200] and otherwise they won't relinquish that information to them also. [37:02.200 --> 37:07.200] Okay, so they release the information to a prospective employer, let's say. [37:07.200 --> 37:11.200] The employer sees all of this on a screen, on a computer, [37:11.200 --> 37:17.200] that hey, I don't want this in that case working for me or something like that, [37:17.200 --> 37:20.200] and they'll come up and tell you all kinds of things, whatever they feel like it. [37:20.200 --> 37:26.200] Well, I'm sorry, but you don't meet our criteria for such-and-such employment, [37:26.200 --> 37:28.200] or we've already hired someone, [37:28.200 --> 37:30.200] or they'll tell you whatever they want to tell you. [37:30.200 --> 37:32.200] It doesn't matter what it is. [37:32.200 --> 37:33.200] Wait a minute. [37:33.200 --> 37:35.200] Wait a minute. [37:35.200 --> 37:38.200] I mean, I have my own business. [37:38.200 --> 37:42.200] I am a prospective employer. [37:42.200 --> 37:44.200] How would I get access to this information? [37:44.200 --> 37:47.200] You would have to file documents with the credit agencies [37:47.200 --> 37:53.200] and get set up as a specific entity that they would release information to. [37:53.200 --> 37:54.200] Exactly. [37:54.200 --> 37:56.200] That's simple enough. [37:56.200 --> 38:02.200] So why hasn't anyone done that and requested information on you? [38:02.200 --> 38:05.200] Well, it may depend upon what you have to do to do that. [38:05.200 --> 38:09.200] If you have to go out and form a corporation and so on and so forth to get certified. [38:09.200 --> 38:11.200] Yeah, it's not so easy to do. [38:11.200 --> 38:14.200] That's right. [38:14.200 --> 38:16.200] Nonsense. [38:16.200 --> 38:17.200] Nonsense. [38:17.200 --> 38:18.200] I'm an employer. [38:18.200 --> 38:24.200] It doesn't matter if I'm a corporation or a privately-owned business. [38:24.200 --> 38:27.200] Okay, Richard, since Randy wasn't here at the beginning, [38:27.200 --> 38:29.200] would you go over what you went over at the beginning, [38:29.200 --> 38:38.200] talking about what an employer would need to do to get set up to access these records? [38:38.200 --> 38:40.200] Well, when someone applies for a job, [38:40.200 --> 38:43.200] or for that matter if you apply for a loan or insurance or whatever, [38:43.200 --> 38:49.200] they run a thorough background on you by acquiring your birth date, [38:49.200 --> 38:52.200] your self-security number, your name, birth date, self-security number. [38:52.200 --> 38:53.200] Wait, wait, wait. [38:53.200 --> 38:54.200] No, that's not the question. [38:54.200 --> 39:00.200] You're talking about how an employer would get registered with these credit bureaus [39:00.200 --> 39:07.200] to be set up as an entity that the credit bureaus would give these consumer investigative reports to [39:07.200 --> 39:09.200] because you can't just be any old employer. [39:09.200 --> 39:12.200] You can't just call up and say, hey, I want to hire this guy. [39:12.200 --> 39:18.200] I mean, you have to go through extensive set up with these credit agencies in order to be an entity. [39:18.200 --> 39:19.200] That's what I'm trying to find out. [39:19.200 --> 39:21.200] What is the nature of the extensive set up? [39:21.200 --> 39:24.200] All of the credit bureaus so far has just been a subscription service. [39:24.200 --> 39:27.200] You pay the subscription, you get the service. [39:27.200 --> 39:29.200] This isn't for credit reports, Randy. [39:29.200 --> 39:31.200] This is for a different kind of report. [39:31.200 --> 39:36.200] Are you saying there's some secret and extremely elaborate and extensive [39:36.200 --> 39:37.200] Yes, yes. [39:37.200 --> 39:39.200] That's what this whole show is about. [39:39.200 --> 39:40.200] Yes. [39:40.200 --> 39:41.200] Who can do that? [39:41.200 --> 39:44.200] Isn't there any companies who can do that? [39:44.200 --> 39:51.200] Are you saying that only certain special individual companies can do it or anybody can do it? [39:51.200 --> 39:57.200] Well, you have to be registered with the credit reporting agency. [39:57.200 --> 40:02.200] You have to have the number of what Debra just got to say. [40:02.200 --> 40:05.200] You haven't told me anything. [40:05.200 --> 40:12.200] You're saying that only special companies that are willing to jump through hoops and go to all kinds of contortions. [40:12.200 --> 40:15.200] Richard, hold on, Randy. [40:15.200 --> 40:26.200] Richard mentioned a federal act, a federal law that was passed in the late 60s right at the beginning of the show that defines how all this is set up. [40:26.200 --> 40:30.200] Richard, will you mention that law again so that Randy can look it up? [40:30.200 --> 40:37.200] Because that's where it goes through everything that has to be done. [40:37.200 --> 40:44.200] These things were set up under Public Law 91-508. [40:44.200 --> 40:48.200] They were initially introduced by Senator Proxmire. [40:48.200 --> 40:55.200] October 26th, no correction, October 26th, 1970 was when they became law. [40:55.200 --> 40:58.200] Has that been codified into a statute? [40:58.200 --> 41:01.200] Yeah, it's the Fair Credit Reporting Act. [41:01.200 --> 41:04.200] I've got the full thing right here in PDF. [41:04.200 --> 41:15.200] Does the Fair Credit Reporting Act set up requirements that you have to meet in order to get access to these documents? [41:15.200 --> 41:17.200] That's what I'm trying to find now. [41:17.200 --> 41:27.200] To me, the bigger point is that the individuals have the right to have access to these reports. [41:27.200 --> 41:34.200] Okay, not just whatever prospective employer has to jump through whatever hoops to get access to these reports. [41:34.200 --> 41:44.200] But for me, the main point is that the individual, him or herself, has the right to get access to these special secret reports. [41:44.200 --> 41:54.200] And the credit companies are denying individuals access to their reports, which they are required to give access to these individuals under law. [41:54.200 --> 41:55.200] That's the main thing. [41:55.200 --> 41:57.200] I understand that. [41:57.200 --> 42:04.200] But how are you going to nail the guy if you don't do anything to find out if he actually has it? [42:04.200 --> 42:12.200] Once you find out he actually has this information and is in fact secreting it from you, then you have a tort. [42:12.200 --> 42:16.200] No, it's not just that he thinks he may. [42:16.200 --> 42:21.200] Richard, explain how you found out that these are actually on file for you. [42:21.200 --> 42:28.200] Right here it says, United States Statute 610, it says, conditions of disclosure to consumers. [42:28.200 --> 42:36.200] A consumer reporting agency shall make the disclosures required under Section 609 during normal business hours and on reasonable notice [42:36.200 --> 42:46.200] the disclosures required under Section 610 shall be made to the consumer in person if he appears in person and furnishes proper identification and so forth and so on. [42:46.200 --> 42:48.200] I heard that part. [42:48.200 --> 42:50.200] That's not where I'm going. [42:50.200 --> 42:56.200] Richard, how did you find out that these consumer investigative reports existed on you? [42:56.200 --> 43:06.200] When I approached an employer that I happened to be working for in Houston back in the late 1980s. [43:06.200 --> 43:09.200] And he told you that these were on file? [43:09.200 --> 43:10.200] Yeah, but he would not elaborate any further. [43:10.200 --> 43:14.200] He would not tell me the contents of the report. [43:14.200 --> 43:17.200] But it's enough that this employer told you that they exist. [43:17.200 --> 43:20.200] So, okay, that's what Richard was saying at the beginning of the show. [43:20.200 --> 43:22.200] That's how he found out that they existed. [43:22.200 --> 43:24.200] I got that part. [43:24.200 --> 43:31.200] But if you're going to try to say that this consumer reporting agency has information and he's not giving it to you, [43:31.200 --> 43:38.200] and you're saying it's a problem because they're just saying they don't have it, well, how would you establish that in fact they do? [43:38.200 --> 43:40.200] If you set up a company. [43:40.200 --> 43:41.200] That's not what they said. [43:41.200 --> 43:42.200] They never said they didn't have it. [43:42.200 --> 43:44.200] They said they couldn't release it to me. [43:44.200 --> 43:50.200] No, listen, you can't claim a tort against them if you have nothing to claim a tort on. [43:50.200 --> 43:54.200] Randy, he just said that they never said they didn't have it. [43:54.200 --> 43:59.200] They said they weren't going to release it to him. [43:59.200 --> 44:00.200] Okay. [44:00.200 --> 44:14.200] Also, Title 16, United States Code, Section 611 specifically provides the rule stating how these credit reporting agencies may not in any way attempt [44:14.200 --> 44:20.200] to circumvent their requirements of acting as a consumer reporting agency. [44:20.200 --> 44:25.200] That is Public Law 108-159, Section 211. [44:25.200 --> 44:30.200] Okay, how are you going to establish that they are circumventing these? [44:30.200 --> 44:35.200] Because the credit agency told Richard straight up, we are not going to give them to you. [44:35.200 --> 44:37.200] That sounds pretty circumventing to me. [44:37.200 --> 44:43.200] Richard, have you ever filed a request for that report in writing? [44:43.200 --> 44:51.200] Not in writing, but I was there in person at San Antonio Retail Merchants Association at the advice of an attorney that I knew, [44:51.200 --> 44:55.200] and he told me to acquire the credit report from there. [44:55.200 --> 45:01.200] They gave me a complete credit report, and when I specifically asked for consumer investigative report, [45:01.200 --> 45:05.200] this lady walked back, spoke with someone, and about five minutes later she comes back and says, [45:05.200 --> 45:11.200] I'm sorry, Mr. Speicher, but we're not going to be able to release the consumer investigative report to you. [45:11.200 --> 45:13.200] And so there you go. [45:13.200 --> 45:16.200] Did you call 911? [45:16.200 --> 45:18.200] No, I did not. [45:18.200 --> 45:19.200] Did you get her name? [45:19.200 --> 45:25.200] The federal law specifically requires them to do a certain thing, and they fail to do that certain thing. [45:25.200 --> 45:27.200] That's a crime in every state. [45:27.200 --> 45:28.200] Did you get her name, Richard? [45:28.200 --> 45:30.200] Well, it's federal law, though. [45:30.200 --> 45:31.200] No, but I have the dates. [45:31.200 --> 45:32.200] That'll work. [45:32.200 --> 45:33.200] You can claim a federal law in the state. [45:33.200 --> 45:34.200] I have the dates, and a copy of that. [45:34.200 --> 45:37.200] I have a copy of the date of when that occurred. [45:37.200 --> 45:40.200] Okay, Richard, I'll let Rick go ahead. [45:40.200 --> 45:47.200] What I was trying to get at earlier is how to establish that they have it and what they have. [45:47.200 --> 45:53.200] So now you can say, this is what they've got, and this is how it harms me. [45:53.200 --> 46:02.200] Now I have harm, and I go back to them, and they refuse to show me that they have this thing that harms me, and it violates the statute. [46:02.200 --> 46:10.200] Otherwise, you say, well, they might have something that might be harmful to me, but you don't know if they do or not. [46:10.200 --> 46:19.200] Well, this employer told Richard that it exists, so that's the connection there. [46:19.200 --> 46:23.200] That was in 1989. [46:23.200 --> 46:24.200] That's not relevant today. [46:24.200 --> 46:30.200] Richard, what was the year that the employer told you that they exist? [46:30.200 --> 46:32.200] Gosh, probably about 1989 or so. [46:32.200 --> 46:37.200] Okay, yeah, it would have to be more recent than that. [46:37.200 --> 46:46.200] What I was getting to is I created a company, and I applied to this credit reporting agency for their credit reports. [46:46.200 --> 46:55.200] What do I have to bring to them in order to get an account with them so that I can access this information? [46:55.200 --> 46:58.200] Okay, and Richard, what was the more recent event that you were saying? [46:58.200 --> 47:02.200] Well, the more recent event was, I believe, I have all of those documentation. [47:02.200 --> 47:11.200] I just don't have them here before me, but I believe it was in February of 2006 when I applied for a job, [47:11.200 --> 47:16.200] and I just stated earlier for Northeast Independent School District in San Antonio, [47:16.200 --> 47:24.200] and after a second interview and all, I had already been told that I was well qualified for the position, [47:24.200 --> 47:30.200] and that my references checked out okay, but then this man came out and told me, [47:30.200 --> 47:33.200] and I'll quote exactly his words. [47:33.200 --> 47:36.200] He said, well, Mr. Spicer, so you have good references and everything, [47:36.200 --> 47:44.200] but unfortunately there are other things that we take into consideration besides just a person's skills and employment references, [47:44.200 --> 47:49.200] and for reasons of which I cannot disclose to you, we are not going to be able to hire you. [47:49.200 --> 47:50.200] Simple as that. [47:50.200 --> 47:52.200] That's all he said. [47:52.200 --> 48:02.200] Okay, you need to make a freedom of information request to the school district. [48:02.200 --> 48:12.200] For all information collected, assembled, and maintained relating to your request for employment. [48:12.200 --> 48:16.200] Now, they'll claim that this particular information is secret, [48:16.200 --> 48:24.200] and you'll claim that since the information is about you personally, you have a special right to access, [48:24.200 --> 48:31.200] but that's the big fight you're going to have between the school district and the attorney general. [48:31.200 --> 48:37.200] If we could figure out how to become subscribed to the service, [48:37.200 --> 48:40.200] we wouldn't have to jump through these hoops. [48:40.200 --> 48:45.200] We could just ask for a report on you, and they would give it to us, [48:45.200 --> 48:47.200] and then we could give to you what they have. [48:47.200 --> 48:49.200] Okay, here's what I've been told. [48:49.200 --> 48:51.200] I'm already there where you are. [48:51.200 --> 48:55.200] I'm on the same page, and I inquired about this once before, [48:55.200 --> 49:01.200] and I was told that, for example, you're wanting to pull out this information on me. [49:01.200 --> 49:05.200] Here's what, from a legitimate standpoint, here's what we would have to do. [49:05.200 --> 49:09.200] I would have to make a formal application for employment to your firm. [49:09.200 --> 49:11.200] That's easy enough. [49:11.200 --> 49:18.200] Right, but remember, you also have to be a member of one of these. [49:18.200 --> 49:24.200] You have to provide an identification number, as Deborah stated earlier. [49:24.200 --> 49:26.200] That's easy enough, too. [49:26.200 --> 49:27.200] That's a piece of cake. [49:27.200 --> 49:30.200] Okay, but that's the way I've been told in the past. [49:30.200 --> 49:35.200] Like, if you're wanting to get information on me and all of this kind of stuff, [49:35.200 --> 49:38.200] I'd have to make a formal application to you. [49:38.200 --> 49:39.200] Okay, that's easy. [49:39.200 --> 49:52.200] It may not be so easy if the employer has to pay $10,000 or $20,000 in dues to these reporting agencies. [49:52.200 --> 49:55.200] Guys, if I can interject just a second. [49:55.200 --> 50:06.200] In January of 2000, all three of the reporting agencies were fined $2.5 million by the FTC [50:06.200 --> 50:09.200] for violating the Fair Credit Reporting Act. [50:09.200 --> 50:13.200] I think, Richard, it may be time to remind them of that fact. [50:13.200 --> 50:14.200] Yeah, good idea. [50:14.200 --> 50:18.200] We may need to go back and look and see the details of why they were fined. [50:18.200 --> 50:23.200] Well, see, also the other thing is we can also go at this very directly [50:23.200 --> 50:30.200] by just having Richard submit in writing requests for any consumer investigative reports that exist on him. [50:30.200 --> 50:40.200] And then by law, these credit agencies have to either give it to him or they have to testify that they do not exist, one or the other. [50:40.200 --> 50:41.200] Well, here is my point. [50:41.200 --> 50:46.200] Before you do that, you really want to have it in your hand already. [50:46.200 --> 50:51.200] So, you know, there's a chance that a public official will lie to you. [50:51.200 --> 50:55.200] I was looking for a way to get it in my hand first. [50:55.200 --> 50:58.200] What public official are you talking about? [50:58.200 --> 51:00.200] Every public official I've ever dealt with. [51:00.200 --> 51:02.200] Yeah, but what public official in this situation? [51:02.200 --> 51:06.200] The one you're making the request for. [51:06.200 --> 51:08.200] These are credit reporting agencies. [51:08.200 --> 51:10.200] These are not governmental entities. [51:10.200 --> 51:12.200] It doesn't matter if they're closely regulated. [51:12.200 --> 51:14.200] They still fall under. [51:14.200 --> 51:15.200] Well, I'm just saying... [51:15.200 --> 51:17.200] A credit reporting agency is governed under the Federal Trade Commission. [51:17.200 --> 51:18.200] Okay. [51:18.200 --> 51:21.200] Yeah, if they're required to release this information [51:21.200 --> 51:25.200] and they're concerned that they'll have something in there that you could sue them for, [51:25.200 --> 51:28.200] they'll just tell you that they don't have anything on there. [51:28.200 --> 51:32.200] Then how are you going to prove they don't? [51:32.200 --> 51:38.200] So, if we get the report first, then we ask for it. [51:38.200 --> 51:42.200] And what I was talking about was a way to get the report straight up. [51:42.200 --> 51:45.200] They obviously provide it to companies, [51:45.200 --> 51:53.200] and companies can't pay $10,000 for a report for all of their potential employees. [51:53.200 --> 51:57.200] No, but maybe it's a yearly subscription is what I'm saying. [51:57.200 --> 52:01.200] That's what we need to find out is what it takes to get access to this. [52:01.200 --> 52:06.200] Well, because the thing is most small businesses don't go through this. [52:06.200 --> 52:11.200] I've only ever heard of any kind of stuff like this with major corporations, [52:11.200 --> 52:18.200] big-time employers, corporates, massive amounts of employees [52:18.200 --> 52:22.200] and bureaucracy and human resources and all these kinds of things. [52:22.200 --> 52:29.200] So, there's got to be a financial reason why small businesses don't go through this. [52:29.200 --> 52:31.200] Well, I dwell with an electrical contractor. [52:31.200 --> 52:34.200] Now, he wouldn't come out straight out and tell me that, [52:34.200 --> 52:39.200] but I have my suspicions that somehow or another he acquired this information, [52:39.200 --> 52:49.200] and an electrical contractor is not a large corporation or this kind of thing. [52:49.200 --> 52:55.200] Yes, I'm going to bet it's not that difficult to get to and not that costly. [52:55.200 --> 52:59.200] And if it's costing you your livelihood, [52:59.200 --> 53:03.200] it wouldn't be that difficult to set up a service business. [53:03.200 --> 53:07.200] And you use your Social Security number with a zero in front of it, [53:07.200 --> 53:12.200] and that becomes your tax identification number. [53:12.200 --> 53:17.200] And I can tell them I have as many employees as I want to. [53:17.200 --> 53:20.200] It's a service business, no way to check. [53:20.200 --> 53:23.200] And ask them to subscribe. [53:23.200 --> 53:25.200] They want your money. [53:25.200 --> 53:28.200] And find out what it costs to subscribe to it, and then subscribe to it, [53:28.200 --> 53:31.200] and get the report on you. [53:31.200 --> 53:33.200] Now you've got it in your hand. [53:33.200 --> 53:37.200] Or you may know someone who owns a company that's able to do this [53:37.200 --> 53:41.200] and ask them to run the report for you. [53:41.200 --> 53:44.200] Get it in your hand, then request it from them. [53:44.200 --> 53:49.200] Now you have something that can provide a tort. [53:49.200 --> 53:55.200] I hate to ask you stuff if I don't already know what it is. [53:55.200 --> 53:57.200] Well, you have a very good point. [53:57.200 --> 54:04.200] And I attempted to do just that with a company that I worked for in Houston one time. [54:04.200 --> 54:07.200] Well, this man didn't want to be in the middle of it. [54:07.200 --> 54:13.200] He knew about these things, but he did not want to be in the middle of it. [54:13.200 --> 54:21.200] He didn't want to jeopardize his job by trying to secure these things and so forth. [54:21.200 --> 54:23.200] And that's a problem I found. [54:23.200 --> 54:24.200] I asked someone else. [54:24.200 --> 54:33.200] I can't mention this person's name tonight, but I also, he works for a large company. [54:33.200 --> 54:38.200] And he said, well, I doubt that they're going to give me that kind of information [54:38.200 --> 54:39.200] because I just worked there. [54:39.200 --> 54:42.200] And I didn't have to go through human resources and everything else. [54:42.200 --> 54:44.200] And I said, well, don't you have contacts? [54:44.200 --> 54:48.200] I do, but I just can't take that kind of chance where this man's exact words. [54:48.200 --> 54:51.200] So you see what I'm saying? [54:51.200 --> 54:55.200] I suspect it would be easy to set up a dummy company. [54:55.200 --> 54:58.200] Let me give you an example. [54:58.200 --> 55:03.200] I happen to own the name Leaseway Leasing. [55:03.200 --> 55:13.200] Leaseway Leasing 30 years ago was the largest trailer leasing company on planet Earth. [55:13.200 --> 55:23.200] They were bankrupt, but everybody in the trucking business knows the name Leaseway Leasing. [55:23.200 --> 55:24.200] I own it. [55:24.200 --> 55:31.200] So it wouldn't be that hard to set up a dummy company to get this information. [55:31.200 --> 55:38.200] Leaseway Leasing, Time DC, Pam Express, these are major companies I know of that are history, [55:38.200 --> 55:43.200] that are well-known, but they're gone. [55:43.200 --> 55:50.200] You pick up one of those names, start a company with that name, and it's well-recognized. [55:50.200 --> 55:52.200] It's a dummy company. [55:52.200 --> 55:56.200] You're still going to have to have the number. [55:56.200 --> 55:58.200] Taxification number, please kick. [55:58.200 --> 56:02.200] Well, the certification number, whatever that actually is. [56:02.200 --> 56:07.200] You file corporate papers that cost a couple hundred bucks, and you get your corporate charter, [56:07.200 --> 56:15.200] you get your corporate ID number, you get your tax ID number, you get all the information they need. [56:15.200 --> 56:20.200] And they don't know anything but what you tell them, especially if it's a service business, [56:20.200 --> 56:25.200] because service businesses are off the map, essentially. [56:25.200 --> 56:30.200] So you could create a dummy company just for this purpose. [56:30.200 --> 56:34.200] And I suspect it wouldn't be that difficult. [56:34.200 --> 56:39.200] Get your information, then go back through the channels, and when they refuse to give it, [56:39.200 --> 56:43.200] now you have the information that gives you the tort. [56:43.200 --> 56:44.200] Good point. [56:44.200 --> 56:46.200] Excellent point. [56:46.200 --> 56:53.200] You mentioned that one of these credit reporting agencies was sued several years back. [56:53.200 --> 56:57.200] All three of them were sued by the FTC. [56:57.200 --> 57:02.200] As a matter of fact, I got the phone number for the FTC if you want it. [57:02.200 --> 57:05.200] It probably wouldn't do me any good. [57:05.200 --> 57:06.200] Well, not necessarily. [57:06.200 --> 57:09.200] You could call and file a complaint about what's going on. [57:09.200 --> 57:11.200] Let's see if they get sued again. [57:11.200 --> 57:12.200] I've already done that, sir. [57:12.200 --> 57:22.200] I have done that as recent as about a year ago, and that's when I also wrote a letter to Congressman Charlie Gonzalez here. [57:22.200 --> 57:28.200] You wouldn't believe the information that – I forgot this fellow's name, [57:28.200 --> 57:30.200] but he's with the Federal Trade Commission. [57:30.200 --> 57:34.200] You wouldn't believe the stuff these guys sent me back, [57:34.200 --> 57:39.200] and it had nothing to do pertaining with consumer investigative reports. [57:39.200 --> 57:41.200] Well, it never does. [57:41.200 --> 57:43.200] No, and I wrote him a letter. [57:43.200 --> 57:48.200] I said, the information you sent me is absolutely worthless to me. [57:48.200 --> 57:51.200] I said, I could have found all of this on the Internet. [57:51.200 --> 57:56.200] I said, this has nothing to do with consumer investigative reports. [57:56.200 --> 57:59.200] It does not address my problem or anything. [57:59.200 --> 58:01.200] I think Randy and I can both honestly tell you, [58:01.200 --> 58:07.200] if you get a government agency to give you a straight-up honest answer, then you are the exception, not the rule. [58:07.200 --> 58:08.200] Yes. [58:08.200 --> 58:12.200] What duty does the FTC have to respond? [58:12.200 --> 58:18.200] It does not delineate that, but it says they're the governing agency for the Fair Credit Reporting Act, [58:18.200 --> 58:22.200] and they have the ability to sanction and fine according to that act. [58:22.200 --> 58:33.200] Then we'll have to go to FTC rules and see what duties imposed either by statute or rule on them to enforce these statutes. [58:33.200 --> 58:34.200] Okay, listen. [58:34.200 --> 58:35.200] We're going to break. [58:35.200 --> 58:37.200] Richard, you're welcome to stay on. [58:37.200 --> 58:44.200] We've got a caller who I believe is on point, according to call screener. [58:44.200 --> 58:47.200] We're going to talk more about these consumer investigative reports. [58:47.200 --> 58:48.200] We'll be right back. [58:48.200 --> 58:49.200] This is Rule of Law. [58:49.200 --> 58:53.200] Randy Kelton, Deborah Stevens, and Eddie Craig is also with us tonight. [58:53.200 --> 58:55.200] We're with our guest, Richard Spicer. [58:55.200 --> 59:00.200] We'll be right back. [59:00.200 --> 59:03.200] Are you the plaintiff or defendant in a lawsuit? [59:03.200 --> 59:06.200] Win your case without an attorney with Jurisdictionary, [59:06.200 --> 59:14.200] the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step by step. [59:14.200 --> 59:18.200] If you have a lawyer, know what your lawyer should be doing. [59:18.200 --> 59:22.200] If you don't have a lawyer, know what you should do for yourself. [59:22.200 --> 59:27.200] Thousands have won with our step-by-step course, and now you can too. [59:27.200 --> 59:33.200] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [59:33.200 --> 59:39.200] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles [59:39.200 --> 59:42.200] and practices that control our American courts. [59:42.200 --> 59:48.200] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [59:48.200 --> 59:51.200] pro se tactics, and much more. [59:51.200 --> 01:00:01.200] Please visit wtprn.com and click on the banner or call toll-free, 866-LAW-EZ. [01:00:01.200 --> 01:00:07.200] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, [01:00:07.200 --> 01:00:12.200] live free speech talk radio at its best. [01:00:38.200 --> 01:00:44.200] Okay, we are back, hour two of the Rule of Law. [01:00:44.200 --> 01:00:49.200] We're talking with our special guest, Richard Spicer, about Consumer Investigative Reports, [01:00:49.200 --> 01:00:53.200] and all three of us had some ideas for Richard on the break. [01:00:53.200 --> 01:00:59.200] My idea was that once you do get the report in your hand through some bogus company [01:00:59.200 --> 01:01:02.200] that you set up like Randy's talking about, then you can turn around [01:01:02.200 --> 01:01:08.200] and file criminal charges against them in federal court, not suing, [01:01:08.200 --> 01:01:15.200] but criminal charges for not releasing the report to you like they're required to do under law. [01:01:15.200 --> 01:01:19.200] So you take it into the criminal realm, and Eddie, you had an idea. [01:01:19.200 --> 01:01:21.200] What were you saying that we should do? [01:01:21.200 --> 01:01:25.200] Yeah, just send them a write-up and send them a notice of tort [01:01:25.200 --> 01:01:28.200] since you're within your statute of limitations. [01:01:28.200 --> 01:01:31.200] Even if you don't actually intend to sue them, make them think you're going to. [01:01:31.200 --> 01:01:37.200] Send them the notice of tort demanding that they respond with that credit investigative report [01:01:37.200 --> 01:01:41.200] within 30 days or suit will be filed, [01:01:41.200 --> 01:01:45.200] and reference the section of the code that they're required to file to provide it to you and have it. [01:01:45.200 --> 01:01:49.200] Since you've got, since it's been a year and you have not received the information [01:01:49.200 --> 01:01:53.200] that by law they're required to provide you within three days, [01:01:53.200 --> 01:01:56.200] they know you've got a justifiable reason for the tort. [01:01:56.200 --> 01:02:02.200] Yeah, for example, I can go back to where I initially applied for one of these credit reports, [01:02:02.200 --> 01:02:05.200] which was San Antonio Retail Merchants Association, [01:02:05.200 --> 01:02:11.200] and the very lady that refused to give me this thing. [01:02:11.200 --> 01:02:14.200] Oh, send her a tort letter. [01:02:14.200 --> 01:02:15.200] Yeah. [01:02:15.200 --> 01:02:18.200] Do you know what a tort letter is? [01:02:18.200 --> 01:02:23.200] It's some kind of civil litig, a case of civil litigation. [01:02:23.200 --> 01:02:28.200] Okay, let me kind of explain. All a tort letter is, you never say tort in it. [01:02:28.200 --> 01:02:34.200] All you do, the courts say that before you resort to the court, [01:02:34.200 --> 01:02:37.200] you need to make effort to resolve your problem, [01:02:37.200 --> 01:02:43.200] and the standard way of doing that is to notify someone else that you've been harmed, [01:02:43.200 --> 01:02:51.200] how you've been harmed, and how much they need to render to you to make you whole. [01:02:51.200 --> 01:02:56.200] So you send them a letter, you have done this thing, and I've been harmed by this thing, [01:02:56.200 --> 01:02:59.200] and I've been harmed by this thing to this amount, [01:02:59.200 --> 01:03:05.200] and I ask you to make me whole by rendering to me this amount. [01:03:05.200 --> 01:03:09.200] You never say tort letter in it, but any attorney would look at that and say, [01:03:09.200 --> 01:03:15.200] well, Bubba, that's a tort letter. This guy's getting ready to clobber you. [01:03:15.200 --> 01:03:21.200] And it's a nice subtle way of applying extreme pressure. [01:03:21.200 --> 01:03:26.200] I can assure you, tort letters really, really work. [01:03:26.200 --> 01:03:33.200] You mentioned the amount. How am I going to come about this amount when in essence I... [01:03:33.200 --> 01:03:37.200] Double the amount of salary you would have made, I'm sorry, [01:03:37.200 --> 01:03:43.200] the amount of salary you would have made in two years for whatever job you got. [01:03:43.200 --> 01:03:49.200] That's kind of a standard amount you can claim. [01:03:49.200 --> 01:03:52.200] Yeah, whatever you would have made for the job you got denied because of this, [01:03:52.200 --> 01:03:57.200] double it for the year and go after them. [01:03:57.200 --> 01:04:01.200] This is what it will take to make me whole. Now, they'll deny your tort letter. [01:04:01.200 --> 01:04:07.200] But generally, when they get that, always send it a certified return receipt, [01:04:07.200 --> 01:04:10.200] and that will go straight to the legal department. [01:04:10.200 --> 01:04:15.200] The legal department is going to say, this guy's preparing to sue us. [01:04:15.200 --> 01:04:19.200] And he's not screwing around. He's not threatening us. [01:04:19.200 --> 01:04:25.200] He's touching all the bases. He's getting ready to sue us. [01:04:25.200 --> 01:04:30.200] This is no kidding. And that's what a tort letter tells the attorney. [01:04:30.200 --> 01:04:34.200] This guy's not screwing around. He really is going to sue us. [01:04:34.200 --> 01:04:43.200] Tort letters for me have always done wonders. [01:04:43.200 --> 01:04:46.200] And that may shake them loose. [01:04:46.200 --> 01:04:50.200] That was back in the United States Statute 617, wasn't it? [01:04:50.200 --> 01:04:52.200] Well, I can find it anyway. [01:04:52.200 --> 01:04:55.200] As a matter of fact, all of those things are in this book. [01:04:55.200 --> 01:04:58.200] It's on Chapter 8 in this book that I wrote. [01:04:58.200 --> 01:05:04.200] If the tort letter doesn't work, then I would have another tool. [01:05:04.200 --> 01:05:10.200] It's Article 2.01 of the Texas Rules of Civil Procedure. [01:05:10.200 --> 01:05:15.200] Article 2.01. [01:05:15.200 --> 01:05:21.200] I'm sorry. It's Article 201, not 2.01. [01:05:21.200 --> 01:05:24.200] I'm getting confused with Code of Criminal Procedure. [01:05:24.200 --> 01:05:26.200] I'm always coding Code of Criminal Procedure. [01:05:26.200 --> 01:05:27.200] Article 201 of what? [01:05:27.200 --> 01:05:33.200] I'm sorry. It's Rule 201 of the Texas Rules of Civil Procedure. [01:05:33.200 --> 01:05:40.200] And what it says is, what it goes to is pre-litigation discovery [01:05:40.200 --> 01:05:45.200] or discovery for the purpose of preserving evidence. [01:05:45.200 --> 01:05:54.200] This is where you have reason to believe that you may have cause to sue someone, [01:05:54.200 --> 01:05:58.200] but you're not certain, and there is information. [01:05:58.200 --> 01:06:04.200] You need this entity to provide for you so that you can make a determine [01:06:04.200 --> 01:06:14.200] as to whether or not the claim you believe you have is substantial. [01:06:14.200 --> 01:06:23.200] And this allows you to get information before involving the court in a civil lawsuit. [01:06:23.200 --> 01:06:27.200] They say that you should ask for pre-litigation discovery. [01:06:27.200 --> 01:06:31.200] It is an extremely powerful tool. [01:06:31.200 --> 01:06:38.200] So the court will generally want you to put down a filing fee. [01:06:38.200 --> 01:06:43.200] But if you're looking at a $50,000, $60,000 a year job, [01:06:43.200 --> 01:06:45.200] a couple hundred bucks of filing fees chump change. [01:06:45.200 --> 01:06:51.200] And if you do file for pre-litigation discovery and file to get a cause number, [01:06:51.200 --> 01:06:55.200] when you file, if you do file, it's already paid for. [01:06:55.200 --> 01:07:01.200] But that lets them know you absolutely mean business. [01:07:01.200 --> 01:07:03.200] You know, they get people calling them all the time, [01:07:03.200 --> 01:07:06.200] telling them, well, you're supposed to do this, you're supposed to do that, [01:07:06.200 --> 01:07:08.200] and I got this right, and I got that right, and you better watch my right, [01:07:08.200 --> 01:07:09.200] or I'll take care of you. [01:07:09.200 --> 01:07:11.200] You know, they don't pay attention to that. [01:07:11.200 --> 01:07:12.200] They hear so much. [01:07:12.200 --> 01:07:16.200] But when they get a tort letter, they pay attention to the tort letter. [01:07:16.200 --> 01:07:23.200] And when they get pre-litigation discovery, they must answer pre-litigation discovery [01:07:23.200 --> 01:07:27.200] or they stand at risk of being charged with contempt. [01:07:27.200 --> 01:07:32.200] And that will most likely shake them off the dime. [01:07:32.200 --> 01:07:38.200] All right, Richard, you are aware that Section 615 of the Reporting Act [01:07:38.200 --> 01:07:43.200] requires the person requesting it, meaning whoever you're applying for a job with, [01:07:43.200 --> 01:07:50.200] they are required by law to provide you in writing with the information they receive [01:07:50.200 --> 01:07:53.200] if they use it to adversely affect you. [01:07:53.200 --> 01:07:56.200] They're required by law to do that. [01:07:56.200 --> 01:07:57.200] I understand that. [01:07:57.200 --> 01:08:01.200] But as I stated earlier, employers don't adhere to this. [01:08:01.200 --> 01:08:02.200] Right. [01:08:02.200 --> 01:08:05.200] What I'm saying here is now you've got a dual action. [01:08:05.200 --> 01:08:07.200] You can go against the reporting agency, [01:08:07.200 --> 01:08:10.200] and you can go against the employer that refused you the job [01:08:10.200 --> 01:08:13.200] based on that reporting agency's information. [01:08:13.200 --> 01:08:21.200] And that is a very good point because if you kick the person who used the service, [01:08:21.200 --> 01:08:26.200] if you kick him in the pants, he's going to run to the service and say, [01:08:26.200 --> 01:08:30.200] hey, guys, you got me kicked in the pants. [01:08:30.200 --> 01:08:38.200] Now you have two people coming after these guys, and that makes it a lot more serious. [01:08:38.200 --> 01:08:43.200] Yeah, because what's going to happen is you sue the employer that refused to tell you, [01:08:43.200 --> 01:08:46.200] and then they find out that they were required to tell you and didn't. [01:08:46.200 --> 01:08:52.200] They're going to try to drag the reporting agency in as a third-party complaint. [01:08:52.200 --> 01:08:53.200] Yeah. [01:08:53.200 --> 01:08:55.200] When I subscribed to your service, [01:08:55.200 --> 01:09:01.200] why didn't you tell me how deep this water was I was getting into? [01:09:01.200 --> 01:09:05.200] And what we do here and what I do, [01:09:05.200 --> 01:09:13.200] I always try to get somebody else to come after the guy that I want to give a hard time to. [01:09:13.200 --> 01:09:18.200] If a magistrate refuses to do what he's supposed to, I don't want to argue with him about it. [01:09:18.200 --> 01:09:21.200] I want to go get the district attorney to call him and say, [01:09:21.200 --> 01:09:25.200] hey, why is this guy trying to get me to arrest you? [01:09:25.200 --> 01:09:31.200] That makes a much better impression, a more lasting impression. [01:09:31.200 --> 01:09:38.200] And really what we're talking about here is strategy, how we form a strategy to go after these guys. [01:09:38.200 --> 01:09:39.200] Right. [01:09:39.200 --> 01:09:41.200] Why don't we go to a couple of calls? [01:09:41.200 --> 01:09:44.200] We've got some callers that have been holding for like an hour. [01:09:44.200 --> 01:09:46.200] They may have some insight here. [01:09:46.200 --> 01:09:49.200] We've got Pete from Texas and Lewis from Arkansas. [01:09:49.200 --> 01:09:51.200] We're going to go to Pete from Texas. [01:09:51.200 --> 01:09:53.200] Pete, thanks for calling and holding for so long. [01:09:53.200 --> 01:09:58.200] Do you have a question or comment for our guest, Richard, or for us? [01:09:58.200 --> 01:09:59.200] Hello? [01:09:59.200 --> 01:10:02.200] Yes, Pete, what is your question or comment for us? [01:10:02.200 --> 01:10:09.200] Well, it was pertaining to my own criminal case. [01:10:09.200 --> 01:10:10.200] Okay. [01:10:10.200 --> 01:10:13.200] Does it have to do with the consumer reporting? [01:10:13.200 --> 01:10:14.200] No. [01:10:14.200 --> 01:10:15.200] Okay. [01:10:15.200 --> 01:10:18.200] Then we're going to put you on hold for a moment because we want to stay on topic. [01:10:18.200 --> 01:10:20.200] Let's go to Lewis from Arkansas. [01:10:20.200 --> 01:10:21.200] Let me zap him with my microphone. [01:10:21.200 --> 01:10:23.200] Okay, Lewis, thanks for calling in. [01:10:23.200 --> 01:10:27.200] What is your question for Richard, for us, concerning this issue? [01:10:27.200 --> 01:10:33.200] Well, it's off the subject, but I was hoping this total error might fit into my situation. [01:10:33.200 --> 01:10:37.200] Okay, why don't you all both hold so that we can finish up with Richard because he's our guest. [01:10:37.200 --> 01:10:40.200] All right, and then we'll get to our callers. [01:10:40.200 --> 01:10:44.200] All right, yeah, it's always a good strategy to try to get somebody else to go after them. [01:10:44.200 --> 01:10:48.200] And, you know, my comment on the whole thing is, you know, [01:10:48.200 --> 01:10:54.200] when you start dragging these employers into the mire, into the quagmire over it, [01:10:54.200 --> 01:11:01.200] then maybe they'll realize that this is what they get for not evaluating potential employees based on their merit. [01:11:01.200 --> 01:11:02.200] Okay? [01:11:02.200 --> 01:11:09.200] It shouldn't matter one iota to a prospective employer whether or not somebody has bad credit or not. [01:11:09.200 --> 01:11:10.200] Okay? [01:11:10.200 --> 01:11:12.200] You're not paying the employer. [01:11:12.200 --> 01:11:14.200] You're not asking for a loan for the employer. [01:11:14.200 --> 01:11:17.200] You're asking for a freaking job, okay? [01:11:17.200 --> 01:11:22.200] Just because you may have trouble paying your bills doesn't mean you're not going to be a good worker. [01:11:22.200 --> 01:11:23.200] All right? [01:11:23.200 --> 01:11:30.200] So your credit score should have absolutely nothing to do with whether or not you could get a good job [01:11:30.200 --> 01:11:32.200] or whether or not you're a good employee or a good worker. [01:11:32.200 --> 01:11:37.200] They should evaluate you based on your merits and your skills, and that's it. [01:11:37.200 --> 01:11:46.200] And that's what these employers get for trying to dig too deep into people's backgrounds where they have no business, period. [01:11:46.200 --> 01:11:47.200] Exactly. [01:11:47.200 --> 01:11:53.200] But what we were talking about is really strategizing on how to go after them. [01:11:53.200 --> 01:11:58.200] Yeah, and that's part of the strategy because you go after the employer, [01:11:58.200 --> 01:12:04.200] and then the employer goes in and wants to kick butt of the consumer credit reporting agency, [01:12:04.200 --> 01:12:07.200] and I'm just saying it's just part of the whole same thing. [01:12:07.200 --> 01:12:12.200] That's what they get for getting involved where they shouldn't be. [01:12:12.200 --> 01:12:13.200] You know? [01:12:13.200 --> 01:12:18.200] Well, that's the problem with government databases across the board, especially when they can be collected privately [01:12:18.200 --> 01:12:23.200] and utilized by the government in general. [01:12:23.200 --> 01:12:24.200] Exactly. [01:12:24.200 --> 01:12:26.200] I have a couple of questions. [01:12:26.200 --> 01:12:33.200] Not too long ago, I applied for a job at a hospital. [01:12:33.200 --> 01:12:41.200] When I called back, they told me that, hey, well, this position has already been filled. [01:12:41.200 --> 01:12:44.200] They never made any other comment of any kind. [01:12:44.200 --> 01:12:54.200] Another thing is this segment of the show tonight, can I obtain a transcript of it? [01:12:54.200 --> 01:12:56.200] Well, I don't know about transcript. [01:12:56.200 --> 01:13:01.200] We don't have transcripts, but I do have archives, audio archives. [01:13:01.200 --> 01:13:02.200] Okay, that's cool. [01:13:02.200 --> 01:13:07.200] Yeah, go to ruleoflawradio.com. [01:13:07.200 --> 01:13:09.200] Yeah, and it just goes back to today. [01:13:09.200 --> 01:13:14.200] Yes, yes, you go to ruleoflawradio.com, and you click on the archives button. [01:13:14.200 --> 01:13:16.200] It'll take you to pages four, file cabinets. [01:13:16.200 --> 01:13:19.200] You're going to click on the one on the bottom left-hand corner. [01:13:19.200 --> 01:13:22.200] That's the one for the most recent archives. [01:13:22.200 --> 01:13:28.200] Because as Eddie stated earlier, I think it was Eddie that stated this, the tort letter, that's true. [01:13:28.200 --> 01:13:32.200] A tort letter is one way to go here. [01:13:32.200 --> 01:13:39.200] Frankly, I don't think I have the expertise to do this on my own, so that's another problem. [01:13:39.200 --> 01:13:42.200] However, I do know someone that does. [01:13:42.200 --> 01:13:51.200] He's a licensed paralegal, and I don't know him quite that well, but I think he would do this for me. [01:13:51.200 --> 01:13:54.200] Well, but now you've managed to do all the research on this, Richard. [01:13:54.200 --> 01:13:58.200] You know what the portions of the law they're violating are, correct? [01:13:58.200 --> 01:13:59.200] Yes. [01:13:59.200 --> 01:14:04.200] Okay, that's all Randy and I are talking about is in your tort letter, you touch those bases. [01:14:04.200 --> 01:14:11.200] According to the Fair Credit Reporting Act, you are required under this section to do these things. [01:14:11.200 --> 01:14:14.200] These things have not been done. [01:14:14.200 --> 01:14:16.200] As of this date, I made a request. [01:14:16.200 --> 01:14:19.200] As of this date, I have received no information. [01:14:19.200 --> 01:14:21.200] As of this date, you are in violation. [01:14:21.200 --> 01:14:23.200] And then you proceed to the next step. [01:14:23.200 --> 01:14:28.200] Here's the other section you violated, when it occurred, how it occurred, and now you're in violation. [01:14:28.200 --> 01:14:35.200] And you go right down the list, naming off every offense they've created or the rules with which you are already familiar. [01:14:35.200 --> 01:14:41.200] That's really all you're doing is you are stating the facts of the rules and laws they've broken, [01:14:41.200 --> 01:14:45.200] how they've broken them, and how you intend to take action upon it. [01:14:45.200 --> 01:14:48.200] You don't have to tell them specifically what kind of action. [01:14:48.200 --> 01:14:54.200] You can just say that, and in response to this, I demand that you supply me with what you were supposed to have supplied me with. [01:14:54.200 --> 01:14:57.200] Exactly. [01:14:57.200 --> 01:15:00.200] I mean, if you've gotten this far with the research, [01:15:00.200 --> 01:15:06.200] that's really all you're doing is laying your research out with the information of what they should have done and didn't do. [01:15:06.200 --> 01:15:12.200] All right. [01:15:12.200 --> 01:15:13.200] All right, Richard. [01:15:13.200 --> 01:15:18.200] So have we given you a good direction of where to take this from here? [01:15:18.200 --> 01:15:19.200] I think you have indeed. [01:15:19.200 --> 01:15:20.200] All right. [01:15:20.200 --> 01:15:21.200] Very good. [01:15:21.200 --> 01:15:25.200] As a matter of fact, I think you all were very helpful tonight. [01:15:25.200 --> 01:15:27.200] I learned a lot here. [01:15:27.200 --> 01:15:35.200] Now I have to be able to apply this, and I'm certainly going to give it my best shot. [01:15:35.200 --> 01:15:36.200] All right. [01:15:36.200 --> 01:15:40.200] Because really, this kind of thing shouldn't happen to anyone. [01:15:40.200 --> 01:15:43.200] That was my main objective in writing this book. [01:15:43.200 --> 01:15:49.200] If these kind of things happen to me, I certainly don't want this kind of thing happening to someone else, [01:15:49.200 --> 01:15:53.200] and that was my main objective, is for public awareness [01:15:53.200 --> 01:15:56.200] so that in the interest of public awareness, [01:15:56.200 --> 01:16:04.200] God knows how many other people have been affected by adverse consumer investigative reports, [01:16:04.200 --> 01:16:09.200] and some of them probably are not even aware of it or the origin of the information. [01:16:09.200 --> 01:16:12.200] Well, I think if you utilize some of these techniques we've discussed tonight [01:16:12.200 --> 01:16:17.200] and go kicking these people square in the behind with criminal complaints [01:16:17.200 --> 01:16:20.200] and these tort letters and everything else we've discussed tonight, [01:16:20.200 --> 01:16:24.200] then it may help a lot of other people because these companies [01:16:24.200 --> 01:16:31.200] and these prospective employers may be somewhat reluctant to engage in these practices anymore in the future. [01:16:31.200 --> 01:16:32.200] Yeah. [01:16:32.200 --> 01:16:35.200] By kicking them in the butt and stating your tort letter this way, [01:16:35.200 --> 01:16:38.200] you're going to be kicking them in the butt with really pointy shoes. [01:16:38.200 --> 01:16:39.200] Exactly. [01:16:39.200 --> 01:16:40.200] All right. [01:16:40.200 --> 01:16:41.200] Listen, we're going to break. [01:16:41.200 --> 01:16:45.200] Richard, I want to thank you for joining us tonight as a guest. [01:16:45.200 --> 01:16:46.200] Thank you very much. [01:16:46.200 --> 01:16:49.200] We'll talk to you on the break, and then we'll let you go so we can take some other calls. [01:16:49.200 --> 01:16:55.200] But thank you very much for coming on tonight and informing us all about this very dramatic situation. [01:16:55.200 --> 01:16:56.200] We'll be right back. [01:16:56.200 --> 01:16:59.200] Thank you. [01:16:59.200 --> 01:17:04.200] Are you looking for an investment that has no stock market risk, [01:17:04.200 --> 01:17:07.200] has a 100% track record of returning profits, [01:17:07.200 --> 01:17:12.200] is not affected by fluctuations in oil prices and interest rates, [01:17:12.200 --> 01:17:15.200] is publicly traded and SEC regulated? [01:17:15.200 --> 01:17:19.200] If this kind of peace of mind is what you have been looking for in an investment, [01:17:19.200 --> 01:17:22.200] then life settlements is the investment for you. [01:17:22.200 --> 01:17:28.200] Our annual rate of return has been 15.83% for the last 17 years. [01:17:28.200 --> 01:17:32.200] Our investments are insurance and banking commission regulated. [01:17:32.200 --> 01:17:36.200] Our returns are assured by the largest insurance companies. [01:17:36.200 --> 01:17:42.200] Even qualified retirement plans such as 401Ks and IRAs are eligible for transfer. [01:17:42.200 --> 01:17:45.200] We charge absolutely no commissions. [01:17:45.200 --> 01:17:48.200] 100% of your investment goes to work for you. [01:17:48.200 --> 01:17:57.200] Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431. [01:17:57.200 --> 01:18:05.200] That's sleepwellinvestment.com or call 817-975-2431. [01:18:05.200 --> 01:18:21.200] I ain't gonna blame me, don't blame me. [01:18:21.200 --> 01:18:30.200] Well, you ain't gonna fool me with that same old trick again. [01:18:30.200 --> 01:18:35.200] I was blindsided but now I can see your plans. [01:18:35.200 --> 01:18:40.200] You put the fear in my pocket, took the money from my hands. [01:18:40.200 --> 01:19:05.200] Ain't gonna fool me with that same old trick again. [01:19:05.200 --> 01:19:10.200] Ain't gonna drop me with that same old sucker punch. [01:19:10.200 --> 01:19:15.200] I get it now but then I must have it now. [01:19:15.200 --> 01:19:20.200] Back then you had room to move but now you're feeling the grunt. [01:19:20.200 --> 01:19:45.200] Ain't gonna get me with that same old sucker punch. [01:19:45.200 --> 01:19:50.200] Ain't gonna please me with that same old damn song. [01:19:50.200 --> 01:19:55.200] You thought you were right but now you got it all wrong. [01:19:55.200 --> 01:20:00.200] It was a weak moment for me but I had the power all along. [01:20:00.200 --> 01:20:25.200] Ain't gonna please me with that same old damn song. [01:20:25.200 --> 01:20:30.200] Ain't gonna bore me with that same old bundle of lies. [01:20:30.200 --> 01:20:35.200] Your arrogance is absurd, don't know why you even try. [01:20:35.200 --> 01:21:02.200] I'm gonna see my sweet republic re-energize. Ain't gonna blind me with that same old bucket of lies. [01:21:02.200 --> 01:21:07.200] All right, we are back. The rule of law, Randy Kelton and Deborah Stevens. [01:21:07.200 --> 01:21:09.200] We're here with Eddie Craig. [01:21:09.200 --> 01:21:14.200] Okay, now we're opening up the phone lines, 512-646-1984. [01:21:14.200 --> 01:21:18.200] We're opening up the lines to your calls for this topic or others. [01:21:18.200 --> 01:21:21.200] You've got Pete, Louis, and Julio on the line. [01:21:21.200 --> 01:21:24.200] We're gonna go to Pete first. He's been holding for a very long time. [01:21:24.200 --> 01:21:27.200] Okay, Pete, thanks for calling in. What is your question? [01:21:27.200 --> 01:21:33.200] Hey, excuse me, I'm sorry. My question is this. [01:21:33.200 --> 01:21:36.200] I have four stepdaughters. [01:21:36.200 --> 01:21:42.200] The youngest one, well all of them, went to a sister-in-law's house [01:21:42.200 --> 01:21:47.200] and fabricated a story that I was abusing them sexually. [01:21:47.200 --> 01:21:55.200] CPS has investigated me before on this and has cleared me on the three times in the past. [01:21:55.200 --> 01:22:02.200] But now they're saying that something has happened and I'm facing criminal charges here. [01:22:02.200 --> 01:22:07.200] I don't have an attorney yet, but because I'm facing a lot of time, [01:22:07.200 --> 01:22:17.200] I need to know what my attorney should and shouldn't be doing and what kind of a game plan should... [01:22:17.200 --> 01:22:18.200] Hello? [01:22:18.200 --> 01:22:19.200] Yeah, go ahead. [01:22:19.200 --> 01:22:25.200] What kind of a game plan should I be looking to try and put together here? [01:22:25.200 --> 01:22:30.200] Because I say that when all of this happened, the two youngest girls, [01:22:30.200 --> 01:22:36.200] which are 10 and 8, came home and told me and my wife that the two oldest ones, [01:22:36.200 --> 01:22:41.200] which are very manipulative and bullies, told the two young ones that they were gonna beat them up [01:22:41.200 --> 01:22:45.200] if they didn't tell this story. [01:22:45.200 --> 01:22:47.200] How old are the old ones? [01:22:47.200 --> 01:22:52.200] The oldest is 15, the second oldest is 14. [01:22:52.200 --> 01:22:56.200] Are these the two that have previously made allegations against you? [01:22:56.200 --> 01:23:03.200] Yes, sir, it is. [01:23:03.200 --> 01:23:06.200] You need to find another place to live, it looks like. [01:23:06.200 --> 01:23:09.200] I've come across this a number of times. [01:23:09.200 --> 01:23:16.200] As a matter of fact, my brother-in-law had my niece do the same thing to him. [01:23:16.200 --> 01:23:18.200] Yes, sir. [01:23:18.200 --> 01:23:22.200] And it just devastated his life. [01:23:22.200 --> 01:23:30.200] And Denise, the daughter, she was a young teenager. [01:23:30.200 --> 01:23:36.200] Boys get angry because they're trying to be men. [01:23:36.200 --> 01:23:43.200] Girls get just really P.O.ed at everybody after puberty. [01:23:43.200 --> 01:23:46.200] I think that that's a really rude statement, Randy. [01:23:46.200 --> 01:23:50.200] And I think that that's really sexist and is well unfounded. [01:23:50.200 --> 01:23:55.200] Both boys and girls do the same thing, they just manifest it somewhat differently. [01:23:55.200 --> 01:23:59.200] And what I'm saying is it's not the child's fault. [01:23:59.200 --> 01:24:06.200] They're at a place where they're becoming adults and they're frustrated and they're angry [01:24:06.200 --> 01:24:11.200] and they do things that later on they wish they hadn't. [01:24:11.200 --> 01:24:20.200] But at the time it causes terrible problems and this is a really difficult situation. [01:24:20.200 --> 01:24:27.200] Yes, it is, because see, me and my wife have put off doing a lot of stuff ourselves to do for them. [01:24:27.200 --> 01:24:33.200] And it's making it bad on me because me and my wife just had my first child. [01:24:33.200 --> 01:24:38.200] The four girls are my stepdaughters and me and my wife just had my first child. [01:24:38.200 --> 01:24:43.200] The girls have told CPS that they hated the baby before the baby got here. [01:24:43.200 --> 01:24:48.200] We didn't discuss having a child with them to get their approval. [01:24:48.200 --> 01:24:53.200] Every time they asked us for something and we said no, [01:24:53.200 --> 01:24:57.200] they would go running back with a lollygagging story and tell their grandmother. [01:24:57.200 --> 01:25:00.200] Their grandmother would believe them and would always – [01:25:00.200 --> 01:25:04.200] the grandmother has literally cussed me out on several occasions telling me [01:25:04.200 --> 01:25:09.200] I didn't even need to be in the house with them. [01:25:09.200 --> 01:25:16.200] And I'm really trying to find out what do I need to ask my attorney when I get one? [01:25:16.200 --> 01:25:19.200] What course of action does he need to take in order for me? [01:25:19.200 --> 01:25:23.200] Because I don't want to go to prison because I think it's tearing my family apart. [01:25:23.200 --> 01:25:25.200] It's my first child. [01:25:25.200 --> 01:25:31.200] I don't want to go to prison because I'm looking at a lot of time here. [01:25:31.200 --> 01:25:32.200] Yes, you are. [01:25:32.200 --> 01:25:38.200] The point I was trying to make, this is an extremely difficult situation. [01:25:38.200 --> 01:25:43.200] When children out of this kind of anger, [01:25:43.200 --> 01:25:50.200] they don't always understand the magnitude of what they're doing [01:25:50.200 --> 01:25:54.200] because they're angry and they're frustrated. [01:25:54.200 --> 01:25:56.200] And this is not sexist. [01:25:56.200 --> 01:26:01.200] Both boys and girls get angry and frustrated and they act out in different ways. [01:26:01.200 --> 01:26:04.200] Boys tend to go out and get in trouble. [01:26:04.200 --> 01:26:09.200] Yes, sir, because she has an older son and that's what – [01:26:09.200 --> 01:26:13.200] he resorted to smoking marijuana and being disrespectful. [01:26:13.200 --> 01:26:18.200] And girls, because of the nature of the culture, [01:26:18.200 --> 01:26:20.200] they manifest this anger in a different way. [01:26:20.200 --> 01:26:23.200] And the reason I was saying that is yes, [01:26:23.200 --> 01:26:27.200] the girls may be giving you a terribly difficult time, [01:26:27.200 --> 01:26:33.200] but they don't necessarily realize the magnitude of what they're doing. [01:26:33.200 --> 01:26:39.200] And one thing for certain, if you attack the girls directly, [01:26:39.200 --> 01:26:43.200] that probably won't help you. [01:26:43.200 --> 01:26:51.200] But if you deal with the psychiatrists or psychologists and child protective services [01:26:51.200 --> 01:26:58.200] from the perspective that the girls are just angry and they're acting out, [01:26:58.200 --> 01:27:03.200] you're likely to get more acceptance and understanding. [01:27:03.200 --> 01:27:10.200] And frankly, this is a common problem. [01:27:10.200 --> 01:27:14.200] And I'm aware of it because it's actually happened in my family [01:27:14.200 --> 01:27:22.200] and the girl who did this has been remorseful for all the time afterwards. [01:27:22.200 --> 01:27:26.200] She is just mortified at what she did to her stepfather, [01:27:26.200 --> 01:27:30.200] whom at this point in life she loves dearly. [01:27:30.200 --> 01:27:33.200] At the time she didn't realize what she was doing to him. [01:27:33.200 --> 01:27:38.200] But understand that if you handle yourself carefully, [01:27:38.200 --> 01:27:42.200] child protective services and the courts are aware [01:27:42.200 --> 01:27:48.200] that children find out this is a convenient tool to use. [01:27:48.200 --> 01:27:54.200] So they're not likely to accept what these children are saying on its face. [01:27:54.200 --> 01:27:59.200] It's like here in the state of Texas, CPS doesn't give a damn. [01:27:59.200 --> 01:28:03.200] They say they're out to help the family and find the truth. [01:28:03.200 --> 01:28:09.200] I know so many of my friends that are in the penitentiary now because of this same thing. [01:28:09.200 --> 01:28:13.200] CPS doesn't give a damn about this. [01:28:13.200 --> 01:28:19.200] And one of the caseworkers has told me that it's two types of people [01:28:19.200 --> 01:28:25.200] that the general public tend to believe, and that's a drunk and a child. [01:28:25.200 --> 01:28:28.200] And I have been told by the P.S. pretty much that, [01:28:28.200 --> 01:28:31.200] well, we're going to believe what the child tells us. [01:28:31.200 --> 01:28:33.200] And I'm not touching this child. [01:28:33.200 --> 01:28:36.200] I'm trying to give you a strategy for dealing with this. [01:28:36.200 --> 01:28:44.200] This is an extremely difficult situation, and there's no way of minimizing it. [01:28:44.200 --> 01:28:50.200] But in order to understand how to deal with these people, [01:28:50.200 --> 01:28:55.200] you might want to step out and get in their shoes for just a moment. [01:28:55.200 --> 01:29:00.200] I had a friend who went to work for child protective services, [01:29:00.200 --> 01:29:02.200] and this woman was a sweetheart. [01:29:02.200 --> 01:29:05.200] She loved kids to death. [01:29:05.200 --> 01:29:09.200] She went to a judge and told him, [01:29:09.200 --> 01:29:16.200] if you don't remove these children from this family, they'll be dead in a year. [01:29:16.200 --> 01:29:21.200] Two months later, they both froze to death on the back porch. [01:29:21.200 --> 01:29:23.200] A two-year-old and a three-year-old. [01:29:23.200 --> 01:29:26.200] The parents were passed out on drugs. [01:29:26.200 --> 01:29:28.200] It was the middle of January. [01:29:28.200 --> 01:29:30.200] The two-year-old got out on the porch. [01:29:30.200 --> 01:29:34.200] The three-year-old went to get her, and the door locked behind them. [01:29:34.200 --> 01:29:36.200] They both froze to death on the porch. [01:29:36.200 --> 01:29:41.200] This woman was devastated. [01:29:41.200 --> 01:29:43.200] All right, listen, we're going to break. [01:29:43.200 --> 01:29:45.200] We've got just a few seconds left. [01:29:45.200 --> 01:29:47.200] Pete, you're welcome to stay on the line. [01:29:47.200 --> 01:29:50.200] We've also got Louis and Julio. [01:29:50.200 --> 01:29:51.200] We'll be right back. [01:29:51.200 --> 01:29:56.200] This is the Rule of Law, Randy Kelton and Deborah Stevens here on ruleoflawradio.com. [01:29:56.200 --> 01:29:59.200] We'll be right back. [01:29:59.200 --> 01:30:03.200] Gold prices are at historic highs, and with the recent pullback, [01:30:03.200 --> 01:30:05.200] this is a great time to buy. [01:30:05.200 --> 01:30:09.200] With the value of the dollar, risks of inflation, geopolitical uncertainties, [01:30:09.200 --> 01:30:13.200] and instability in world financial systems, I see gold going up much higher. [01:30:13.200 --> 01:30:16.200] Hi, I'm Tim Fry at Roberts and Roberts Brokerage. [01:30:16.200 --> 01:30:20.200] Everybody should have some of their assets in investment-grade precious metals. [01:30:20.200 --> 01:30:24.200] At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence [01:30:24.200 --> 01:30:29.200] from a brokerage that specialized in the precious metals market since 1977. [01:30:29.200 --> 01:30:32.200] If you are new to precious metals, we will happily provide you [01:30:32.200 --> 01:30:35.200] with the information you need to make an informed decision [01:30:35.200 --> 01:30:37.200] whether or not you choose to purchase from us. [01:30:37.200 --> 01:30:40.200] Also, Roberts and Roberts Brokerage values your privacy [01:30:40.200 --> 01:30:45.200] and will always advise you in the event that we would be required to report any transaction. [01:30:45.200 --> 01:30:48.200] If you have gold, silver, or platinum you'd like to sell, [01:30:48.200 --> 01:30:50.200] we can convert it for immediate payment. [01:30:50.200 --> 01:30:54.200] Call us at 800-874-9760. [01:30:54.200 --> 01:31:00.200] We're Roberts and Roberts Brokerage, 800-874-9760. [01:31:00.200 --> 01:31:03.200] Yeah, and who you want to chip? Who you take me for? Free Tully? [01:31:03.200 --> 01:31:07.200] Who you want to chip? I'm not free Tully. You can't chip me. [01:31:07.200 --> 01:31:09.200] Oh, I'm sorry. [01:31:09.200 --> 01:31:12.200] All of them chip you in the morning. Chip you in the evening. [01:31:12.200 --> 01:31:14.200] Put a chip in your body. [01:31:14.200 --> 01:31:16.200] And then when you go computer reading, [01:31:16.200 --> 01:31:18.200] you can't hide me safe from nobody. [01:31:18.200 --> 01:31:21.200] When I say chip in your mom, chip in your daddy. [01:31:21.200 --> 01:31:24.200] Chip in your grandpa and the granny. [01:31:24.200 --> 01:31:26.200] Chip in me, chip in your baby. [01:31:26.200 --> 01:31:28.200] Chip in your family, whole family. [01:31:28.200 --> 01:31:31.200] Chip in your dad and the cat around me. [01:31:31.200 --> 01:31:33.200] Chip in the beef and you still go eat me. [01:31:33.200 --> 01:31:36.200] Chip in the fish, them all in the sea. [01:31:36.200 --> 01:31:38.200] Chip in the shark and the whale around me. [01:31:38.200 --> 01:31:40.200] You must see mankind gone too crazy. [01:31:40.200 --> 01:31:43.200] They're taking the team and they want to read it. [01:31:43.200 --> 01:31:45.200] Social security, they're going to tell me. [01:31:45.200 --> 01:31:48.200] Number with them, give me them, rip it up, you'll see. [01:31:48.200 --> 01:31:50.200] Chip you in the morning, chip you in the evening. [01:31:50.200 --> 01:31:52.200] Chip you all the dinner time. [01:31:52.200 --> 01:31:54.200] Experiments on mankind. [01:31:54.200 --> 01:31:57.200] But man, you know, say them lies. [01:31:57.200 --> 01:32:00.200] Well, we don't want no chip, man, you have your body. [01:32:00.200 --> 01:32:02.200] Freedom or something, man, you fight for me. [01:32:02.200 --> 01:32:05.200] You should tell them the truth. [01:32:05.200 --> 01:32:07.200] Constitution set us free. [01:32:07.200 --> 01:32:09.200] Planted them, took no chip in your body. [01:32:09.200 --> 01:32:12.200] Put no chip in your dog or cat, you see. [01:32:12.200 --> 01:32:14.200] Put no chip in your cow and go eat it. [01:32:14.200 --> 01:32:17.200] Put no chip in the fish and go eat it. [01:32:17.200 --> 01:32:19.200] All in the whale and the shark in the sea. [01:32:19.200 --> 01:32:21.200] Put the little chip in the little baby. [01:32:21.200 --> 01:32:24.200] Want to put a chip in a grandpa, you see. [01:32:24.200 --> 01:32:26.200] Want to put the little chip in a high man's body. [01:32:26.200 --> 01:32:28.200] It's me go hide in the Atlantic Sea. [01:32:28.200 --> 01:32:31.200] Planted after life, me say, got to find me. [01:32:31.200 --> 01:32:33.200] Sometimes I get mad, sometimes I get angry. [01:32:33.200 --> 01:32:35.200] Two chip them use, me say, crush up, you see. [01:32:35.200 --> 01:32:38.200] Me say chip in the morning, chip in the evening. [01:32:38.200 --> 01:32:40.200] Chip in your body. [01:32:40.200 --> 01:32:42.200] Man, I make them come from trip we. [01:32:42.200 --> 01:32:45.200] Put no chip in the little baby. [01:32:45.200 --> 01:32:48.200] Me say chip in the morning, chip in the evening. [01:32:48.200 --> 01:32:50.200] They want to come and not chip me. [01:32:50.200 --> 01:32:52.200] But they want to chip all in the sea. [01:32:52.200 --> 01:32:54.200] And the shark and the whale around me. [01:32:54.200 --> 01:32:56.200] Okay, we are back. [01:32:56.200 --> 01:33:03.200] The rule of law, Randy Kelton and Deborah Stevens here on ruleoflawradio.com. [01:33:03.200 --> 01:33:07.200] Okay, we're talking with Pete from Texas. [01:33:07.200 --> 01:33:14.200] And Randy, you had a couple more pieces of advice for Pete about how to deal with this situation. [01:33:14.200 --> 01:33:20.200] Yes, you were asking us to tell you what your attorneys should do. [01:33:20.200 --> 01:33:23.200] We're not to that point yet. [01:33:23.200 --> 01:33:26.200] Right now it's more important how you handle yourself. [01:33:26.200 --> 01:33:36.200] And the reason I was talking about child protecting services so that you would get a little better understanding of the world they live in. [01:33:36.200 --> 01:33:43.200] Child protective services really doesn't care about you or your wife. [01:33:43.200 --> 01:33:45.200] They only care about the children. [01:33:45.200 --> 01:33:56.200] So you need to frame everything you do, not in what's best for you, but what is in the end is best for the children. [01:33:56.200 --> 01:34:00.200] Well, they've already taken the four girls out of the family. [01:34:00.200 --> 01:34:01.200] The only one, my wife. [01:34:01.200 --> 01:34:11.200] Listen, if you go at them screaming and railing in righteous indignation, they're going to nail you as guilty. [01:34:11.200 --> 01:34:13.200] Oh, no, that's not what I was planning on doing. [01:34:13.200 --> 01:34:16.200] Understand that. [01:34:16.200 --> 01:34:17.200] Okay, back up. [01:34:17.200 --> 01:34:19.200] Hold on. [01:34:19.200 --> 01:34:28.200] You have to treat child protective services as if they're doing the right thing, whether you believe they are or not. [01:34:28.200 --> 01:34:36.200] And frame all the things you want to do and what is best for the children because that's where they live. [01:34:36.200 --> 01:34:48.200] If you're going to get them not to land on you like a ton of bricks, and frankly, in this kind of situation, you are extremely vulnerable. [01:34:48.200 --> 01:34:50.200] It may not be right. [01:34:50.200 --> 01:34:52.200] It may not be fair. [01:34:52.200 --> 01:34:56.200] But in the world we live in, that's how it is. [01:34:56.200 --> 01:35:00.200] You are extremely vulnerable in this situation. [01:35:00.200 --> 01:35:04.200] Everybody's going to believe the kids no matter what they say. [01:35:04.200 --> 01:35:07.200] It may not be right, but that's really how it works. [01:35:07.200 --> 01:35:10.200] When you get in front of the judge, he's not going to care the least about you. [01:35:10.200 --> 01:35:12.200] He's not going to care about your wife. [01:35:12.200 --> 01:35:18.200] He's not going to care about anybody but the kids because the kids are what's going to bring the most political pressure on it. [01:35:18.200 --> 01:35:33.200] So if you frame your arguments in terms of what ultimately is in the best interest of the children, you understand that these children are doing this stuff because they know it works. [01:35:33.200 --> 01:35:35.200] They know it isn't what they want. [01:35:35.200 --> 01:35:37.200] But look what's going to happen to them down the road. [01:35:37.200 --> 01:35:44.200] They're going to feel terrible at what they did because they really know it wasn't true. [01:35:44.200 --> 01:35:52.200] That's another way of making your argument without sounding like you're only self-serving. [01:35:52.200 --> 01:35:53.200] Yes, sir. [01:35:53.200 --> 01:36:05.200] I know this sounds like pandering, and it is, but this is a problem men have with children. [01:36:05.200 --> 01:36:15.200] There are so many guys out there who are really perverted that they cast a bad light on all of us, and that may not be fair. [01:36:15.200 --> 01:36:28.200] But the problem is that the children can't always protect themselves, and in those situations where the children are telling the truth, the tendency is to crucify the children. [01:36:28.200 --> 01:36:33.200] And Child Protective Services will recognize that. [01:36:33.200 --> 01:36:40.200] So if you attack the children, they're going to say, ah, this guy's trying to hide something. [01:36:40.200 --> 01:36:54.200] But if you're real understanding with the children and only want what's best for them, they're more likely to make your life less miserable and tend to believe you more. [01:36:54.200 --> 01:36:56.200] And I know that's not legal. [01:36:56.200 --> 01:37:02.200] That's not a legal explanation, but that's a pragmatic. [01:37:02.200 --> 01:37:03.200] Yes, sir. [01:37:03.200 --> 01:37:11.200] This is the situation you're in. You're in a precarious situation, and I won't tell you otherwise. This is tough. [01:37:11.200 --> 01:37:19.200] When children start accusing adults of sexual misconduct, that is a big deal. [01:37:19.200 --> 01:37:35.200] And frankly, I don't know of any way to make it fair, because if you stop believing the children, what about the ones who really do have an abusive parent? [01:37:35.200 --> 01:37:40.200] How do you sort those two out? So you have to find a way to walk this fine line. [01:37:40.200 --> 01:37:50.200] And the first thing to do is I know this is a hard thing to ask, because your life is hanging in the balance here. [01:37:50.200 --> 01:38:05.200] But if you do the natural thing, the knee-jerk thing, and that is to say that they're all wrong and they were just all doing this just because they're spoilt rotten little brats, [01:38:05.200 --> 01:38:15.200] whether you say it that way or not, that if you're not careful, that's how it comes out, then child protective service is going to be more likely to lean toward the children. [01:38:15.200 --> 01:38:16.200] Yes, sir. [01:38:16.200 --> 01:38:25.200] But if you're more solicitous to the children and understand that they do this sort of thing and I hate that this happens, [01:38:25.200 --> 01:38:35.200] I don't want them to have to carry the burden of something they did impetuously for the rest of their lives. [01:38:35.200 --> 01:38:41.200] You're more likely to get more acceptance and cooperation from child protective services. [01:38:41.200 --> 01:38:42.200] Yes, sir. [01:38:42.200 --> 01:38:45.200] They can screw you. [01:38:45.200 --> 01:38:46.200] Yes, sir. I don't mean that. [01:38:46.200 --> 01:38:50.200] That's frank. Yeah, they can. [01:38:50.200 --> 01:38:57.200] I don't mean to cut you off. I was calling while I was at work. I've got to get back to work. [01:38:57.200 --> 01:38:59.200] When are you guys on again? [01:38:59.200 --> 01:39:05.200] We're on Thursday nights from 8 to 10, Fridays from 8 to midnight, and Mondays 8 to 10. [01:39:05.200 --> 01:39:08.200] Okay. Can I call back Thursday night so we can continue? [01:39:08.200 --> 01:39:10.200] Yes, you can. Thank you. [01:39:10.200 --> 01:39:11.200] Okay. Thank you. [01:39:11.200 --> 01:39:13.200] All right. [01:39:13.200 --> 01:39:22.200] Okay. We're going to move on now to Lewis in Arkansas, and yeah, I think that we do have to listen to kids when they say things like this, [01:39:22.200 --> 01:39:30.200] especially on the part of girls, because it's absolutely not true that girls after the age of puberty are just mad at everybody about everything. [01:39:30.200 --> 01:39:38.200] I can attest to that for firsthand, and watching my nieces and watching other children grow up that are girls, [01:39:38.200 --> 01:39:41.200] so you do have to pay attention to what people say. [01:39:41.200 --> 01:39:45.200] All right. Let's move on now to Lewis in Arkansas. [01:39:45.200 --> 01:39:49.200] Hey, Lewis, thanks for calling in. What's on your mind tonight? [01:39:49.200 --> 01:39:52.200] Well, thanks for hearing me. I appreciate that. [01:39:52.200 --> 01:40:00.200] Well, my situation is this. Last Friday, me and two of my witnesses went to the county clerk's office to file some affidavits. [01:40:00.200 --> 01:40:09.200] I was as courteous as possible in explaining to her what I was doing and why I was doing it, that I'm a sovereign and all that, [01:40:09.200 --> 01:40:17.200] and she stamped them, signed them, and sold me certified copies of each of them, but I didn't catch it until she got home. [01:40:17.200 --> 01:40:19.200] She didn't give me any doc numbers. [01:40:19.200 --> 01:40:26.200] So I got my witnesses and my phone recorder, and we called her up and explained to her how we were coming back up there [01:40:26.200 --> 01:40:29.200] and that she needed to give us the doc numbers. [01:40:29.200 --> 01:40:37.200] And she said, sure, come on back up and all, but I had talked with her before, and she had said she was going to work with me. [01:40:37.200 --> 01:40:45.200] And so I didn't want to go through this again, so I explained to her that if she didn't work with me, [01:40:45.200 --> 01:40:50.200] that I had the right to see to her bond and press charges against her for fraud. [01:40:50.200 --> 01:40:53.200] Oh, no, Mr. Brown, I wouldn't do that. Come on down, no problem. [01:40:53.200 --> 01:40:58.200] We go down there, and immediately we're surrounded by the sheriffs, and they take us upstairs. [01:40:58.200 --> 01:41:02.200] I explain the situation to the foreign sovereign immunity and the whole works. [01:41:02.200 --> 01:41:10.200] They let us go. About an hour later, they come to my house, and they serve me with a restraining order from the county clerk. [01:41:10.200 --> 01:41:15.200] And, of course, I have to stay something like 400 feet or so from her. [01:41:15.200 --> 01:41:19.200] In fact, she works in the courthouse, so doesn't that restrain me from the courthouse? [01:41:19.200 --> 01:41:27.200] And isn't that illegal? And what do you think I might do about it? [01:41:27.200 --> 01:41:38.200] I've been here before. Did the clerk file a complaint against you? [01:41:38.200 --> 01:41:43.200] It doesn't say complaint on here anywhere. Just, you know. [01:41:43.200 --> 01:41:49.200] Okay, if there was a restraining order, someone had to file a restraining order, [01:41:49.200 --> 01:41:58.200] petition for a show-cause hearing on the restraining order. [01:41:58.200 --> 01:42:00.200] Petition on the restraining order. [01:42:00.200 --> 01:42:04.200] A petition for a show-cause hearing. [01:42:04.200 --> 01:42:08.200] Yeah, you petitioned the court for it. [01:42:08.200 --> 01:42:16.200] Yeah, the court had to issue the show-cause hearing. I mean, the restraining order. [01:42:16.200 --> 01:42:23.200] And now you petition for a show-cause hearing, and file official, you can file, let's see. [01:42:23.200 --> 01:42:29.200] You need to find out what allegation the clerk has made. [01:42:29.200 --> 01:42:34.200] I would immediately, you told her that you would file against her bond? [01:42:34.200 --> 01:42:35.200] Yes, sir. [01:42:35.200 --> 01:42:39.200] File against her bond. [01:42:39.200 --> 01:42:40.200] I want a few weeks here. [01:42:40.200 --> 01:42:47.200] Okay, let me make a suggestion, and this is one thing I keep saying to people. [01:42:47.200 --> 01:42:56.200] It's intuitive that we feel like we need to warn someone [01:42:56.200 --> 01:43:03.200] and give them notice and opportunity before we take action against them. [01:43:03.200 --> 01:43:10.200] When it comes to public officials, that is not the case. [01:43:10.200 --> 01:43:18.200] And I will suggest that you never tell a public official what your rights are. [01:43:18.200 --> 01:43:29.200] Never give a public official legal advice, because this is exactly the kind of crap they pull. [01:43:29.200 --> 01:43:32.200] I don't give them legal advice. [01:43:32.200 --> 01:43:36.200] I have never had a restraining order filed against you. [01:43:36.200 --> 01:43:41.200] And probably the reason is, is when I go in there and I ask them to do something [01:43:41.200 --> 01:43:49.200] or tell them to do something and they don't do it, I don't say, well, this is my right and this is your duty. [01:43:49.200 --> 01:43:51.200] All right, listen, we're about to go to break. [01:43:51.200 --> 01:43:54.200] Louis, hang on the line. We've also got Julio and Dennis. [01:43:54.200 --> 01:44:00.200] We'll be taking y'all on the other side. We'll be right back. [01:44:00.200 --> 01:44:03.200] The stock markets are taking hit after hit. [01:44:03.200 --> 01:44:06.200] Corrupt bankers are choking on subprime debt. 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[01:44:45.200 --> 01:44:52.200] Call Maximus Holdings now at 407-608-5430 [01:44:52.200 --> 01:44:57.200] to find out how you can turn your IRA and 401K into a solid investment, [01:44:57.200 --> 01:45:01.200] silver, without any penalties for early withdrawal. [01:45:01.200 --> 01:45:03.200] Even if you don't have a retirement account yet, [01:45:03.200 --> 01:45:06.200] we have fantastic investment opportunities for you. [01:45:06.200 --> 01:45:24.200] Call Maximus Holdings at 407-608-5430 for more information. [01:45:24.200 --> 01:45:44.200] Thank you for watching. [01:45:54.200 --> 01:46:15.200] All right, we are back. [01:46:15.200 --> 01:46:19.200] This is the rule of law, Randy Kelton and Deborah Stevens here. [01:46:19.200 --> 01:46:22.200] We're also here with Eddie Craig joining us. [01:46:22.200 --> 01:46:24.200] We're talking with Lewis in Arkansas. [01:46:24.200 --> 01:46:28.200] We've got Julio from Texas, Dennis in Texas, hanging on the line. [01:46:28.200 --> 01:46:33.200] And, Randy, you were talking to Lewis about restraining orders [01:46:33.200 --> 01:46:36.200] before we went to break. [01:46:36.200 --> 01:46:39.200] Yes, if someone... [01:46:39.200 --> 01:46:47.200] Over time, I've learned that the more you say to a public official, [01:46:47.200 --> 01:46:50.200] the more problems you have. [01:46:50.200 --> 01:46:53.200] If you ever have to go back to this court, [01:46:53.200 --> 01:46:56.200] and I suggest you never do unless you have to, [01:46:56.200 --> 01:47:02.200] that you do everything you have to do with them by mail. [01:47:02.200 --> 01:47:09.200] Okay, in saying that, I'm going to tell you that I really like [01:47:09.200 --> 01:47:14.200] going down there and jerking them around. [01:47:14.200 --> 01:47:16.200] It's a hoot. I have a great time doing that. [01:47:16.200 --> 01:47:22.200] But it's a bad strategy unless you have no other option, [01:47:22.200 --> 01:47:28.200] especially if there is a case against you. [01:47:28.200 --> 01:47:32.200] Better to do everything on paper. [01:47:32.200 --> 01:47:39.200] And the reason it's better is the same reason that you want to go down there. [01:47:39.200 --> 01:47:42.200] You want to look them right in the eye. [01:47:42.200 --> 01:47:49.200] You want to take the measure of the person so you know who you're dealing with. [01:47:49.200 --> 01:47:55.200] When you're dealing with air and unknown makes crazy, [01:47:55.200 --> 01:47:59.200] well, makes them crazy too. [01:47:59.200 --> 01:48:04.200] So if there's any way you can, file everything by mail. [01:48:04.200 --> 01:48:07.200] If you have to go down there, [01:48:07.200 --> 01:48:12.200] what I suggest you do is go to security [01:48:12.200 --> 01:48:16.200] and tell security that you have business with the court. [01:48:16.200 --> 01:48:22.200] And since there's a restraining order against you over this particular clerk, [01:48:22.200 --> 01:48:28.200] request that security go in and remove that clerk from the building [01:48:28.200 --> 01:48:31.200] because you have business in the building [01:48:31.200 --> 01:48:35.200] and you cannot be restrained from performing your business in the building. [01:48:35.200 --> 01:48:40.200] So get that clerk the heck out of here. [01:48:40.200 --> 01:48:44.200] Always if I expect any trouble at all, [01:48:44.200 --> 01:48:48.200] I go get security first. [01:48:48.200 --> 01:48:53.200] I go to security and I say, okay, I'm going to go in the clerk [01:48:53.200 --> 01:49:00.200] and I'm going to try to do this thing and I expect the clerk to refuse to do this thing. [01:49:00.200 --> 01:49:05.200] And when she does refuse to do this thing, I'm going to want you there [01:49:05.200 --> 01:49:10.200] so that you will personally see or hear the offense committed. [01:49:10.200 --> 01:49:15.200] Then I'm going to ask you to arrest the clerk. [01:49:15.200 --> 01:49:19.200] Then you watch them start jumping up and down. [01:49:19.200 --> 01:49:21.200] I did all this. [01:49:21.200 --> 01:49:24.200] And I hear you, while we were in the courthouse, [01:49:24.200 --> 01:49:27.200] in the sheriff's office there I was explaining all this to them [01:49:27.200 --> 01:49:31.200] the repercussions of what was going to happen if they didn't do his duty, [01:49:31.200 --> 01:49:33.200] that I'd be pressing charges against him. [01:49:33.200 --> 01:49:38.200] So in this case, the courthouse in this little small community here in Arkansas, [01:49:38.200 --> 01:49:40.200] the security is the sheriff. [01:49:40.200 --> 01:49:44.200] And they told me I can't come back to that courthouse [01:49:44.200 --> 01:49:47.200] and I can't send anybody down there with my paperwork to her. [01:49:47.200 --> 01:49:51.200] Then file criminal charges against the sheriff [01:49:51.200 --> 01:49:58.200] and then send a tort letter to the commissioner's court judge [01:49:58.200 --> 01:50:01.200] telling the judge that you've been harmed by the sheriff [01:50:01.200 --> 01:50:04.200] and that you have been denied in your rights. [01:50:04.200 --> 01:50:08.200] And your rights are very valuable to you. [01:50:08.200 --> 01:50:13.200] And that as you have been harmed by the sheriff [01:50:13.200 --> 01:50:15.200] and denied in your rights, [01:50:15.200 --> 01:50:22.200] you want X-jillion dollars to make you whole again. [01:50:22.200 --> 01:50:26.200] That's a tort letter and they'll recognize it. [01:50:26.200 --> 01:50:30.200] And give them 30, look at the statutory requirements. [01:50:30.200 --> 01:50:36.200] Most different states have different times, but generally it's 60 days. [01:50:36.200 --> 01:50:43.200] And it costs you between 125 to 200 bucks to file a suit against the sheriff. [01:50:43.200 --> 01:50:50.200] And then you file a petition for a restraining order against the sheriff [01:50:50.200 --> 01:50:56.200] for denying you a public court. [01:50:56.200 --> 01:51:02.200] Okay, understand the sheriff will do anything he thinks he can get away with. [01:51:02.200 --> 01:51:07.200] 99% of the time he can. [01:51:07.200 --> 01:51:13.200] You should be the 1%. [01:51:13.200 --> 01:51:18.200] And if you file a petition and then you, [01:51:18.200 --> 01:51:22.200] once you file a litigation against the sheriff, [01:51:22.200 --> 01:51:27.200] that generally really gets their attention. [01:51:27.200 --> 01:51:31.200] In every state you have a right to a public court. [01:51:31.200 --> 01:51:38.200] And he's not only denied you a right to file documents in your own defense, [01:51:38.200 --> 01:51:44.200] he's denied you the right to have somebody else come and file documents in your defense. [01:51:44.200 --> 01:51:50.200] You need to send somebody else down there with documents to file in your defense. [01:51:50.200 --> 01:51:52.200] And also, Randy, we have about six minutes left. [01:51:52.200 --> 01:51:55.200] We've got two other callers that have been waiting for a long time. [01:51:55.200 --> 01:51:59.200] And henceforth always tape record everything. [01:51:59.200 --> 01:52:03.200] Yeah, if they'll let you bring a tape recorder into the courthouse, that is. [01:52:03.200 --> 01:52:08.200] Yeah, if you can sneak it in, get you one of those pins that tape record. [01:52:08.200 --> 01:52:12.200] Be careful, though, because sometimes they can tell they do electronic scanners. [01:52:12.200 --> 01:52:15.200] Guards are generally chumps. They never figure that part out. [01:52:15.200 --> 01:52:17.200] Well, it may not be the guards. [01:52:17.200 --> 01:52:19.200] If they have equipment that scans for electronic equipment, [01:52:19.200 --> 01:52:21.200] it's not going to matter how stupid the guards are. [01:52:21.200 --> 01:52:23.200] I've never been in one that did. [01:52:23.200 --> 01:52:24.200] Okay. [01:52:24.200 --> 01:52:26.200] But if you want to get one in, this is how you do it. [01:52:26.200 --> 01:52:29.200] Okay, we have five minutes left and two callers. [01:52:29.200 --> 01:52:33.200] Maybe we could talk about how to sneak in recording devices on another show, [01:52:33.200 --> 01:52:37.200] because I want to take these two callers that have been holding for an hour. [01:52:37.200 --> 01:52:38.200] Thanks for calling in, Lewis. [01:52:38.200 --> 01:52:40.200] We're going to – we really need to move on. [01:52:40.200 --> 01:52:43.200] Please call back in because I don't want to be rude to our other callers. [01:52:43.200 --> 01:52:44.200] We're going to go to Julio. [01:52:44.200 --> 01:52:46.200] Julio, thanks for calling in. [01:52:46.200 --> 01:52:48.200] What's on your mind tonight? [01:52:48.200 --> 01:52:50.200] And try to be considerate of our time. [01:52:50.200 --> 01:52:52.200] I want to take one other caller. [01:52:52.200 --> 01:52:57.200] Well, it's a real brief. [01:52:57.200 --> 01:53:06.200] I just want to know what's the authority that grants a court to do a docket? [01:53:06.200 --> 01:53:08.200] Because I'm in Copula, Alasdair County. [01:53:08.200 --> 01:53:10.200] They don't have a docket sheet for me. [01:53:10.200 --> 01:53:15.200] They don't have a timeline for all the things that have been found on the court, [01:53:15.200 --> 01:53:23.200] and they just say they never had one and they don't operate like that. [01:53:23.200 --> 01:53:28.200] From what I've read up on, Julio, what you have to do is go schedule time at the court yourself. [01:53:28.200 --> 01:53:31.200] You have to find an open date on the court docket calendar [01:53:31.200 --> 01:53:34.200] and schedule it for a hearing on whatever you're submitting. [01:53:34.200 --> 01:53:36.200] No, no, no, no. [01:53:36.200 --> 01:53:39.200] What I'm trying to find out is my timeline. [01:53:39.200 --> 01:53:42.200] When was the charge original filed? [01:53:42.200 --> 01:53:46.200] When did they move for a court setting? [01:53:46.200 --> 01:53:52.200] They just said they would set it whenever it would feel like. [01:53:52.200 --> 01:53:57.200] And all the documentation that I have filed into the court, it is in the file, [01:53:57.200 --> 01:53:59.200] but it's not on the docket, [01:53:59.200 --> 01:54:06.200] and nobody is putting it in front of the judge or anything like that. [01:54:06.200 --> 01:54:12.200] There are motions and pleadings that you have in your file that haven't been placed on the court docket for review? [01:54:12.200 --> 01:54:16.200] That's right. [01:54:16.200 --> 01:54:18.200] Randy? [01:54:18.200 --> 01:54:21.200] Randy? [01:54:21.200 --> 01:54:23.200] I think we may have lost him. [01:54:23.200 --> 01:54:25.200] You didn't lose him. [01:54:25.200 --> 01:54:31.200] Julio, you should know what to do about that. [01:54:31.200 --> 01:54:38.200] The clerk is required to keep a document by statute. [01:54:38.200 --> 01:54:41.200] Tampering with a government document. [01:54:41.200 --> 01:54:45.200] Actually, this is not tampering because she didn't put a false statement. [01:54:45.200 --> 01:54:48.200] This is official oppression. [01:54:48.200 --> 01:54:54.200] She failed to perform a duty she's required to perform. [01:54:54.200 --> 01:55:02.200] Just go down there and get security when you go in and ask for the docket. [01:55:02.200 --> 01:55:04.200] When she says she doesn't have one, [01:55:04.200 --> 01:55:12.200] ask the officer to take a criminal complaint against her for violating the law relating to her office. [01:55:12.200 --> 01:55:17.200] Better yet, take you one already written up but not signed. [01:55:17.200 --> 01:55:19.200] Yes, exactly. [01:55:19.200 --> 01:55:21.200] Well, this is a problem. [01:55:21.200 --> 01:55:32.200] The criminal prosecutor, since they're small counties, it's like an area that's about 100 miles long. [01:55:32.200 --> 01:55:37.200] The criminal prosecutor says it's about 30 miles south east of San Antonio. [01:55:37.200 --> 01:55:44.200] In Contruda, it's about 100 miles south of San Antonio. [01:55:44.200 --> 01:55:50.200] You have to go to two different counties, so I'm not sure where I can do this. [01:55:50.200 --> 01:55:54.200] Well, you just get whatever law enforcement's at the courthouse [01:55:54.200 --> 01:55:58.200] and have them verify the complaint is what Randy's saying. [01:55:58.200 --> 01:56:00.200] Okay. [01:56:00.200 --> 01:56:02.200] All right. [01:56:02.200 --> 01:56:07.200] This is something the clerk is required to do by statute. [01:56:07.200 --> 01:56:11.200] I'm trying to find that statute. [01:56:11.200 --> 01:56:13.200] I couldn't find it today. [01:56:13.200 --> 01:56:16.200] I've been at the law library for the last two days trying to find it. [01:56:16.200 --> 01:56:22.200] I'm trying to remember where the statute says that they have to keep a document. [01:56:22.200 --> 01:56:25.200] In 50? [01:56:25.200 --> 01:56:27.200] I don't remember offhand what it is. [01:56:27.200 --> 01:56:31.200] I'll have to ask Ken. [01:56:31.200 --> 01:56:33.200] I know. [01:56:33.200 --> 01:56:34.200] Okay, listen, Julio. [01:56:34.200 --> 01:56:38.200] We need to move along because we have one more caller who's been holding for an hour, okay? [01:56:38.200 --> 01:56:39.200] All right. [01:56:39.200 --> 01:56:41.200] We'll continue this. [01:56:41.200 --> 01:56:43.200] I'm sorry, callers, to keep moving things along. [01:56:43.200 --> 01:56:48.200] If you listen to other talk shows, the callers only talk for about a minute and a half, [01:56:48.200 --> 01:56:49.200] and they move on and move on and move on. [01:56:49.200 --> 01:56:52.200] We try to spend as much time as we can, but we have to be considerate. [01:56:52.200 --> 01:56:54.200] Okay, this is Dennis from Texas. [01:56:54.200 --> 01:56:55.200] Go ahead, Dennis. [01:56:55.200 --> 01:56:56.200] Thanks for calling in. [01:56:56.200 --> 01:56:58.200] What's your question? [01:56:58.200 --> 01:56:59.200] Thank you. [01:56:59.200 --> 01:57:03.200] I've been in a chosen occupation for 29 years. [01:57:03.200 --> 01:57:10.200] The state of Texas decided, I believe it was 2005, that I should carry a license to do such. [01:57:10.200 --> 01:57:14.200] My license comes under the Department of Public Safety apparently, [01:57:14.200 --> 01:57:20.200] and for the past five days I've known of them being tossed out of my home, [01:57:20.200 --> 01:57:25.200] following me everywhere I went, and being quite a nuisance. [01:57:25.200 --> 01:57:28.200] So I believe they're probably getting ready to do something. [01:57:28.200 --> 01:57:33.200] Do I have any hope of prevailing in your opinion? [01:57:33.200 --> 01:57:34.200] They're one of you. [01:57:34.200 --> 01:57:36.200] What is the occupation? [01:57:36.200 --> 01:57:42.200] I'm a locksmith. [01:57:42.200 --> 01:57:44.200] Wait a minute. [01:57:44.200 --> 01:57:47.200] I was having trouble understanding you. [01:57:47.200 --> 01:57:54.200] Are you saying that, is this a question about your ability to drive around? [01:57:54.200 --> 01:57:58.200] My ability to continue working. [01:57:58.200 --> 01:57:59.200] Okay. [01:57:59.200 --> 01:58:01.200] You were breaking up. [01:58:01.200 --> 01:58:03.200] Was it only me that was having trouble understanding? [01:58:03.200 --> 01:58:05.200] Yeah, I heard what they said. [01:58:05.200 --> 01:58:08.200] He said it had to do with their ability to work. [01:58:08.200 --> 01:58:15.200] He's saying that Texas has now set up a regulation that is trying to regulate his particular activity, [01:58:15.200 --> 01:58:19.200] which is locksmith, and they've put it under the Department of Public Safety, [01:58:19.200 --> 01:58:24.200] who is now tailing him around every time he leaves his house. [01:58:24.200 --> 01:58:26.200] DPS is tailing you? [01:58:26.200 --> 01:58:32.200] Yes, they are, and one of them, a female, has been extremely aggressive. [01:58:32.200 --> 01:58:37.200] Okay, if you pull out of your house and there's a DPS behind you, [01:58:37.200 --> 01:58:40.200] pull over, get out of your car, pull them over. [01:58:40.200 --> 01:58:42.200] Ask them, what do you want? [01:58:42.200 --> 01:58:44.200] They're in a plane car. [01:58:44.200 --> 01:58:46.200] Okay, listen, I'm sorry. [01:58:46.200 --> 01:58:48.200] We're at the end of the show. [01:58:48.200 --> 01:58:51.200] Literally, we've got like 10 seconds left. [01:58:51.200 --> 01:58:55.200] Please, Dennis, call back in because we need to discuss this more, [01:58:55.200 --> 01:58:57.200] the serious situation of being tailed. [01:58:57.200 --> 01:59:02.200] Call back in Thursday at the beginning of the show. [01:59:02.200 --> 01:59:28.200] Thank you. [01:59:28.200 --> 01:59:56.200] Thank you. [01:59:58.200 --> 02:00:00.200] Thank you.