ROL_2015-09-11_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing your daily
[00:08.000 --> 00:15.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.000]  into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for the 11th of September 2015 opened up with gold at $1,110.50 an ounce, silver
[00:29.000 --> 00:36.000]  at $14.69 an ounce, Texas crude at $45.92 a barrel, and bitcoins currently sitting in
[00:36.000 --> 00:44.000]  about $239 U.S. currency.
[00:44.000 --> 00:49.000]  Today in history, Tuesday, September 11, 2001, the World Trade Center complex in downtown
[00:49.000 --> 00:52.000]  Manhattan, New York is attacked by terrorists.
[00:52.000 --> 00:56.000]  19 Saudi hijackers managed to crash two commercial airlines into the World Trade Center Twin
[00:56.000 --> 01:01.000]  Towers, a third into the Pentagon, and the last fourth hijacked plane was debris scattered
[01:01.000 --> 01:04.000]  over miles near Shanksville, Pennsylvania.
[01:04.000 --> 01:11.000]  In total, 2,996 people lost their lives, including the hijackers, over 220 senior military intelligence
[01:11.000 --> 01:16.000]  service members, law enforcement, government officials, 1,500 engineers and architects,
[01:16.000 --> 01:22.000]  250 pilots and aviation professionals, 400 professors, 300 survivors and family members,
[01:22.000 --> 01:27.000]  200 artists, entertainers, and media professionals, and over 400 medical professionals have all
[01:27.000 --> 01:30.000]  come out and labeled these attacks as false flyings.
[01:30.000 --> 01:36.000]  They are calling for a new investigation.
[01:36.000 --> 01:40.000]  In recent news, New York's Governor Andrew Cuomo's administration formally approved a
[01:40.000 --> 01:43.000]  $15 minimum wage for fast food employees yesterday.
[01:43.000 --> 01:47.000]  The state plans to gradually implement the mandate over a three-year period for New York
[01:47.000 --> 01:50.000]  City and a six-year period for the rest of the state.
[01:50.000 --> 01:54.000]  Republicans also held a hearing into the process behind the fast food wage increase, which
[01:54.000 --> 01:57.000]  some restaurant owners have said they may challenge in court.
[01:57.000 --> 02:01.000]  Franchise owners say that the increase singles them out and gives an unfair advantage to
[02:01.000 --> 02:03.000]  mom and pop competitors.
[02:03.000 --> 02:07.000]  They are warning that many franchises may be forced to raise prices or cut positions
[02:07.000 --> 02:10.000]  in order to absorb the higher mandated labor costs.
[02:10.000 --> 02:19.000]  The pay increase is expected to affect some 200,000 employees.
[02:19.000 --> 02:23.000]  White House Press Secretary Josh Earnest said in a briefing yesterday that while the administration
[02:23.000 --> 02:27.000]  was continuing to examine responses to refugee crisis, which has overwhelmed Europe in the
[02:27.000 --> 02:31.000]  recent days, the president has decided to raise the number of Syrian refugees admitted
[02:31.000 --> 02:36.000]  into the United States to at least 10,000 for the fiscal year beginning in October.
[02:36.000 --> 02:40.000]  Since the beginning of the conflict in Syria in 2011, the U.S. has taken in less than 1,500
[02:40.000 --> 02:41.000]  Syrian refugees.
[02:41.000 --> 02:45.000]  Officials have said that the U.S. may accept an additional 30,000 refugees from across
[02:45.000 --> 02:49.000]  the world next year, up from the current figure of 70,000.
[02:49.000 --> 02:55.000]  More than half of them are children, officials say.
[02:55.000 --> 03:23.000]  The U.S. has decided to raise the number of Syrian refugees admitted into the United States
[03:23.000 --> 03:28.000]  to at least 10,000.
[03:28.000 --> 03:57.000]  The U.S. has decided to raise the number of Syrian refugees admitted into the United States
[03:57.000 --> 04:02.000]  to at least 10,000.
[04:02.000 --> 04:07.000]  The U.S. has decided to raise the number of Syrian refugees admitted into the United States
[04:07.000 --> 04:12.000]  to at least 10,000.
[04:12.000 --> 04:20.000]  The U.S. has decided to raise the number of Syrian refugees admitted into the United States
[04:20.000 --> 04:25.000]  to at least 10,000.
[04:25.000 --> 04:30.580]  is we become a real pain in the neck for them.
[04:30.580 --> 04:37.080]  You file a request with this agency and they don't respond, oh, wonderful.
[04:37.080 --> 04:44.900]  Now you get to go in and file against the director of the agency as respondeat superior
[04:44.900 --> 04:47.900]  for all of his underlings.
[04:47.900 --> 04:51.220]  Correct.
[04:51.220 --> 04:57.640]  So what are you going to file against the director?
[04:57.640 --> 04:59.840]  Welfare failure to answer.
[04:59.840 --> 05:11.600]  Okay, look up the code and Welfare failure to answer, I doubt that's going to be a violation.
[05:11.600 --> 05:18.400]  It's going to be like if I was in Texas, I would accuse him of criminal violation 552
[05:18.400 --> 05:27.240]  Government Code and actually go to 552-302-B, I believe it is.
[05:27.240 --> 05:29.600]  That's how you make the accusation.
[05:29.600 --> 05:31.640]  Okay.
[05:31.640 --> 05:34.560]  That's when they start getting nervous.
[05:34.560 --> 05:39.080]  If you read that code, that's very good.
[05:39.080 --> 05:40.080]  Go ahead.
[05:40.080 --> 05:46.640]  Yeah, it says I will do that, as you know, I research things, but this leads me to my,
[05:46.640 --> 05:48.840]  to the final question.
[05:48.840 --> 05:54.720]  When this order is vacated and this coup called the judge is off this case, and you get to
[05:54.720 --> 05:57.840]  read all of this, if you want me to, I'll email it to you.
[05:57.840 --> 06:04.200]  But at some point in time, if this company is not chartered, if it's not authorized,
[06:04.200 --> 06:11.240]  and from what everything that I've been, from the declarations that I have got from the
[06:11.240 --> 06:16.600]  Missouri Secretary of State, they're telling me there is no entity by that name.
[06:16.600 --> 06:24.480]  Therefore, if it is a counterfeit contract, can I file a third amended complaint and put
[06:24.480 --> 06:29.440]  in the RICO statute?
[06:29.440 --> 06:34.280]  How does it go to RICO?
[06:34.280 --> 06:37.760]  I didn't hear you again, Randy, you cut out.
[06:37.760 --> 06:39.760]  How does this go to RICO?
[06:39.760 --> 06:47.160]  If it's a fraudulent agreement, would that make it?
[06:47.160 --> 06:54.600]  Well, the company can be doing business in the state without being authorized to do business
[06:54.600 --> 07:01.160]  in the state, but that doesn't make what they're doing RICO, if they're not defrauding
[07:01.160 --> 07:12.040]  people or stealing from people, they're not operating an illegal enterprise as defined
[07:12.040 --> 07:14.600]  by RICO.
[07:14.600 --> 07:18.880]  You need another way to get to RICO.
[07:18.880 --> 07:24.640]  Well, here's my question.
[07:24.640 --> 07:31.800]  I would rather someone review this and give me their take on the matter, and that includes
[07:31.800 --> 07:36.480]  the credit card contract, there's two bank names on there, one's not chartered and one
[07:36.480 --> 07:37.480]  is.
[07:37.480 --> 07:45.240]  Okay, then I would be willing to review it, but I want it in recordable form first.
[07:45.240 --> 07:46.240]  Yuck, yuck.
[07:46.240 --> 07:48.680]  What do you think by that?
[07:48.680 --> 07:50.760]  I'm just teasing.
[07:50.760 --> 07:55.480]  Do you have a timeline written down for this case?
[07:55.480 --> 07:59.000]  No, I have plenty of time.
[07:59.000 --> 08:05.320]  You need one, it is critical that you have a timeline.
[08:05.320 --> 08:07.320]  Okay.
[08:07.320 --> 08:17.920]  I'm not talking about limitations, I'm talking about on this day, I applied for a note for
[08:17.920 --> 08:19.200]  a credit card.
[08:19.200 --> 08:26.480]  On this day, I received a credit card, just a timeline of what has occurred that brought
[08:26.480 --> 08:29.280]  you to this point.
[08:29.280 --> 08:38.160]  First thing we have to be able to do is orient ourselves in time.
[08:38.160 --> 08:44.320]  When you get into one of these fights, things happen and you go in and you reference an
[08:44.320 --> 08:49.640]  issue and then they do something and you do something back and you start telling about
[08:49.640 --> 08:56.480]  what happens and after you've went through it a few times, you begin to lose track of
[08:56.480 --> 09:04.660]  exactly when what occurred and you wind up making really bonehead errors that you look
[09:04.660 --> 09:08.320]  back later and wonder, how in the heck did I do that?
[09:08.320 --> 09:11.280]  You really need a timeline.
[09:11.280 --> 09:16.440]  It will save you more time than you can imagine when you're building documents and it will
[09:16.440 --> 09:25.400]  also keep your presentation ordered.
[09:25.400 --> 09:31.680]  But most important, it will keep everything in order in your own mind.
[09:31.680 --> 09:37.400]  Timeline first, so when you reference something in one of your pleadings, I can look at the
[09:37.400 --> 09:44.800]  timeline and know where it's at, know what you're talking about and in what context.
[09:44.800 --> 09:50.320]  One of the things you do with the timeline when you prepare a document is you go look
[09:50.320 --> 09:54.640]  at the timeline and find the section of the timeline that applies to your document and
[09:54.640 --> 09:58.000]  you turn it into a statement of facts.
[09:58.000 --> 10:02.600]  You need a statement of facts.
[10:02.600 --> 10:06.160]  There's an art to a statement of facts.
[10:06.160 --> 10:11.800]  You lay out all the facts, good facts, bad facts, one's in your favor, one's against
[10:11.800 --> 10:12.800]  you.
[10:12.800 --> 10:23.040]  You lay it all out and then you put together the claim that you want to make and in order
[10:23.040 --> 10:30.680]  to make the claim, have you ever went and pulled the Missouri pattern jury charges?
[10:30.680 --> 10:33.720]  No, sir, I have not.
[10:33.720 --> 10:39.440]  You really need to do that.
[10:39.440 --> 10:44.680]  All claims, criminal or civil, are defined.
[10:44.680 --> 10:47.320]  If they're criminal, they're defined in the criminal statute.
[10:47.320 --> 10:53.520]  If they're civil, they're defined as torts and causes of action.
[10:53.520 --> 11:02.400]  So either you're claiming a tort or a cause of action and if you don't have a contract
[11:02.400 --> 11:09.520]  with someone and they do something that harms you, that would generally go to tort.
[11:09.520 --> 11:15.480]  If you have a contract with someone and this public official you have a contract with,
[11:15.480 --> 11:18.340]  then that goes to a cause of action.
[11:18.340 --> 11:21.880]  Look up the cause of action that you're going to claim because you can't just say you did
[11:21.880 --> 11:22.880]  something wrong.
[11:22.880 --> 11:29.560]  You have to say he committed fraud against me.
[11:29.560 --> 11:33.880]  He committed fraud by non-disclosure.
[11:33.880 --> 11:39.840]  He committed, help me out here, Jeff.
[11:39.840 --> 11:42.760]  My mind's going blank on causes of action.
[11:42.760 --> 11:45.760]  There's a whole list of them.
[11:45.760 --> 11:51.680]  You take the affirmative defenses in reversion.
[11:51.680 --> 11:54.080]  Yes, exactly.
[11:54.080 --> 11:56.280]  All of the elements.
[11:56.280 --> 12:00.720]  The pattern jury charge is going to say, it's going to walk down the elements.
[12:00.720 --> 12:08.800]  The judge is going to tell the jury, you have to find this and this and this and this.
[12:08.800 --> 12:12.200]  Then you go back and look at your pleading.
[12:12.200 --> 12:21.880]  If you argue anything else besides these elements, you need to know exactly why you're arguing
[12:21.880 --> 12:28.680]  those and how they lead to one of these elements because those elements are the only thing
[12:28.680 --> 12:29.680]  that matters.
[12:29.680 --> 12:34.440]  If one of them's missing, you are toast.
[12:34.440 --> 12:35.440]  Correct.
[12:35.440 --> 12:41.440]  The jury, they're not allowed to find in your favor.
[12:41.440 --> 12:48.040]  Find the cause of action and then find the pattern jury charge for that cause of action.
[12:48.040 --> 12:51.440]  Now you know what you got to do.
[12:51.440 --> 12:57.000]  Then go look at your timeline and figure out how you're going to make your argument.
[12:57.000 --> 13:05.320]  How you're going to stitch these facts together to make your story make sense.
[13:05.320 --> 13:13.680]  Then go back to your timeline and put in all of the facts you need to support your story.
[13:13.680 --> 13:17.280]  Take out the ones you don't need.
[13:17.280 --> 13:22.000]  The facts doesn't have to have every factor on the planet in it.
[13:22.000 --> 13:28.720]  It only needs the facts that supports your pleading.
[13:28.720 --> 13:35.760]  Then look at it carefully and think of it in terms of someone who's never seen these
[13:35.760 --> 13:40.640]  facts before and they start reading down the facts.
[13:40.640 --> 13:48.560]  What determinations are they going to make about these facts and how they fit together?
[13:48.560 --> 13:56.120]  You try to craft your facts so that the reader of the facts will come to the determination
[13:56.120 --> 14:03.280]  you're going to ask him to come to when you write your pleading.
[14:03.280 --> 14:06.920]  You're going to make an argument of why these facts matter.
[14:06.920 --> 14:14.400]  But if you're artful and you're careful in putting your facts together, it'll be obvious
[14:14.400 --> 14:18.240]  how they fit together from the way you ordered them.
[14:18.240 --> 14:23.040]  So if the reader reads those facts and he comes to a set of conclusions and then he
[14:23.040 --> 14:30.020]  reads your pleading and you make the same arguments going to the same conclusions he's
[14:30.020 --> 14:34.520]  already made, he's going to think you're really smart and he's also going to think you're
[14:34.520 --> 14:38.680]  right.
[14:38.680 --> 14:43.520]  But if you left the fact out, you're going to lose him.
[14:43.520 --> 14:50.480]  You need somebody who doesn't know anything about the subject to read it.
[14:50.480 --> 14:57.120]  You write a pleading, it's important that you anticipate every question you bring to
[14:57.120 --> 15:00.120]  the mind of the reader.
[15:00.120 --> 15:07.940]  You either need to answer that question before the question arises in the mind or immediately
[15:07.940 --> 15:13.400]  thereafter unless you have some other reason.
[15:13.400 --> 15:17.480]  When I do a statement of facts, I put like a deed of trust on this day that was filed
[15:17.480 --> 15:26.120]  in the public record, a document entitled so-and-so and given the number, the given
[15:26.120 --> 15:33.040]  clerk's filing number so-and-so, said document had a title of so-and-so, said document had
[15:33.040 --> 15:37.960]  a footer of so-and-so and the reader's going to say, what in the heck did he put the footer
[15:37.960 --> 15:38.960]  in there for?
[15:38.960 --> 15:48.080]  And then I'm going to go on down those facts while I stuck that in there on purpose because
[15:48.080 --> 15:54.200]  I'm going to get to my argument about the document maintains, claims to be in the footer,
[15:54.200 --> 15:58.120]  claims to be a Fannie Mae fredebacked uniform instrument.
[15:58.120 --> 16:02.240]  And attached you will see a copy of Fannie Mae fredebacked uniform instrument, but if
[16:02.240 --> 16:09.560]  you look at the second paragraph of the contract, together with that paragraph that includes
[16:09.560 --> 16:16.040]  all the additions to the property, you'll see a sentence in there concerning MERS.
[16:16.040 --> 16:22.160]  That sentence is not in a Fannie Mae fredebacked uniform instrument, so this is not, when the
[16:22.160 --> 16:28.120]  judge reads that, you'll say, that's why he put that in there.
[16:28.120 --> 16:34.960]  He'll make an internal connection and you will get what's known as a bore.
[16:34.960 --> 16:35.960]  I hope all this makes sense.
[16:35.960 --> 16:36.960]  I could probably do two days from this.
[16:36.960 --> 16:37.960]  And put everybody to sleep.
[16:37.960 --> 16:50.960]  Hang on, Randy Kelton, Weed Law Radio, call in number, 513-646-1984, we'll be right back.
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[19:45.480 --> 19:55.960]  Okay, we are back with Randy Kelton, Rule of Law Radio here at Mr. Jeff Cedric.
[19:55.960 --> 20:01.760]  And Edward, do you feel like I bushwhacked you and stepped on you there?
[20:01.760 --> 20:06.360]  Are you talking to me?
[20:06.360 --> 20:13.520]  I kind of bounced off of you to kind of, I like to go through these details every once
[20:13.520 --> 20:16.520]  in a while so they begin to make sense.
[20:16.520 --> 20:20.320]  Okay, let's go back to your issue.
[20:20.320 --> 20:21.800]  You filed the information request.
[20:21.800 --> 20:28.320]  Now what are you going to do?
[20:28.320 --> 20:31.320]  Are you talking to me?
[20:31.320 --> 20:32.320]  Randy?
[20:32.320 --> 20:33.320]  Go ahead.
[20:33.320 --> 20:43.600]  I don't know, I don't know if your listeners know how amazing it has been, how meticulous
[20:43.600 --> 20:47.280]  in the way your brain works on all these things.
[20:47.280 --> 20:49.600]  I, I didn't say-
[20:49.600 --> 20:50.600]  Wait, wait, hold on, hold on.
[20:50.600 --> 20:52.600]  We're having a distortion problem.
[20:52.600 --> 20:53.600]  Uh-oh.
[20:53.600 --> 20:57.320]  It could be my situation here.
[20:57.320 --> 20:59.320]  Let me change something different.
[20:59.320 --> 21:00.320]  How's that?
[21:00.320 --> 21:04.320]  Jeff, is, is he fading on your end because this may be my internet connection.
[21:04.320 --> 21:08.080]  He was, but he seems to have come back.
[21:08.080 --> 21:13.480]  Okay, then my internet connection was giving me a problem and it, it makes it, it sound
[21:13.480 --> 21:19.320]  like your voice slows down and speeds up sometimes and that generally indicates an internet problem.
[21:19.320 --> 21:23.320]  Okay, go ahead, Edward.
[21:23.320 --> 21:33.480]  Uh, Randy, uh, every time I listen to one of your recordings, and this is the first
[21:33.480 --> 21:40.680]  time I've ever listened to the show live, I have been blown away from the beginning.
[21:40.680 --> 21:46.040]  A very brilliant man who worked with the, for the IRS or with the IRS for over 20 years
[21:46.040 --> 21:53.640]  lived through three, four closures in the 1990s and fought them off, uh, Jeff Abel and
[21:53.640 --> 22:03.640]  he was so, uh, grateful for what I did for him, for his health years ago, that he always
[22:03.640 --> 22:13.160]  made sure to bring to my attention things that would advance my knowledge in this world
[22:13.160 --> 22:23.280]  and he would take meticulous time in introducing me to situations and you are one of the situations
[22:23.280 --> 22:34.320]  that he introduced me to since I learned about having fun setting up, uh, judges and, uh,
[22:34.320 --> 22:38.840]  district attorneys and getting disqualified when you go to the grand jury and then pulling
[22:38.840 --> 22:44.960]  out your real stuff out of your back pocket to end the career of judges that are all corrupt
[22:44.960 --> 22:45.960]  anyway.
[22:45.960 --> 22:49.680]  Um, I was so smitten by it, uh, I couldn't believe it.
[22:49.680 --> 22:56.120]  I've been helping people on radio shows in Louisiana and we actually, uh, took a judge,
[22:56.120 --> 23:03.160]  excuse me, a district attorney he's facing 278 years getting ready to take out the sheriff
[23:03.160 --> 23:04.160]  and many others.
[23:04.160 --> 23:09.920]  I mean, you know, the corruption is so deep, it is, uh, it's the system, you know, it is
[23:09.920 --> 23:22.640]  the way it is basically, um, it's their casino and they want it the way it is, it isn't anything
[23:22.640 --> 23:32.320]  what people think it is and we're all ignorant to everything and then you come along and
[23:32.320 --> 23:38.160]  you hampered onto some things that you didn't just hamper onto them.
[23:38.160 --> 23:44.760]  You dug and dug and dug and you keep digging and now when you look at things, you're able
[23:44.760 --> 23:49.880]  to look at things in a way that is truly uniquely amazing.
[23:49.880 --> 23:56.960]  When I listen to you speak, it blows my mind and I'm always taking notes on those recordings
[23:56.960 --> 24:01.440]  and slowing them down because if I don't, then I can't make it a part of me.
[24:01.440 --> 24:09.440]  It's almost like I make your knowledge a part of me and it's just mind blowing, really.
[24:09.440 --> 24:13.440]  Man, I hurt my wrist.
[24:13.440 --> 24:14.440]  I apologize.
[24:14.440 --> 24:17.440]  I didn't mean to.
[24:17.440 --> 24:24.440]  Well, I hurt my wrist, my cell phone, the back so hard.
[24:24.440 --> 24:27.440]  Well, um, you...
[24:27.440 --> 24:32.440]  Jeff Sedgwick, did you hear that?
[24:32.440 --> 24:34.440]  Come on Jeff, did you take notes?
[24:34.440 --> 24:37.440]  I didn't miss a word.
[24:37.440 --> 24:40.440]  I do appreciate that.
[24:40.440 --> 24:44.440]  We spend a lot of time talking to air.
[24:44.440 --> 24:49.440]  You can see you from the point of view that I see you.
[24:49.440 --> 25:03.440]  When I hear you, it is just riveting the way you depict and meticulously go through things.
[25:03.440 --> 25:05.440]  I can't stand to miss a word.
[25:05.440 --> 25:08.440]  I'm intrigued beyond anything.
[25:08.440 --> 25:16.440]  When you get into some of these analyzations, it's just smashing.
[25:16.440 --> 25:27.440]  You know, the liars, as they pronounce them in the UK, are basically nothing more than
[25:27.440 --> 25:33.440]  very smart, unknowing people.
[25:33.440 --> 25:35.440]  Basically, they're only taught statute and code.
[25:35.440 --> 25:37.440]  They never learn law.
[25:37.440 --> 25:41.440]  If you learn law, you can beat the hell out of them.
[25:41.440 --> 25:43.440]  The judges don't learn law.
[25:43.440 --> 25:51.440]  The professor told me years ago, he explained to me that when the lawyer becomes a judge,
[25:51.440 --> 25:58.440]  he first has to begin to teach them, if they're willing, contract law, UCC, admin team maritime,
[25:58.440 --> 26:01.440]  and of course, treaty law is the highest.
[26:01.440 --> 26:03.440]  That's about everything.
[26:03.440 --> 26:06.440]  But they don't know anything, and they don't really want to learn anyway.
[26:06.440 --> 26:09.440]  They were beat up so bad, just like the doctors in the school.
[26:09.440 --> 26:13.440]  They never are open to learning anymore, basically.
[26:13.440 --> 26:15.440]  It is what it is.
[26:15.440 --> 26:18.440]  You can't, you know, think of it any other way.
[26:18.440 --> 26:20.440]  They are what they are.
[26:20.440 --> 26:26.440]  The doctors are practicing physicians that were taught by pharmaceutical companies
[26:26.440 --> 26:31.440]  how to cut and poison people with their chemical witchcraft medicine on the people,
[26:31.440 --> 26:33.440]  and they don't know anything about law.
[26:33.440 --> 26:37.440]  So if they have a problem with law, they've got to go to the lawyers.
[26:37.440 --> 26:43.440]  If a lawyer has a problem with his health, he has to go to the doctors.
[26:43.440 --> 26:49.440]  Well, the doctors don't know how to heal anything, so they're all going to the wrong people.
[26:49.440 --> 26:51.440]  It is what it is.
[26:51.440 --> 26:53.440]  You agree?
[26:53.440 --> 26:54.440]  Yes, I agree.
[26:54.440 --> 27:03.440]  I have an interpretation of a plaque that was found in the library of Nineveh.
[27:03.440 --> 27:09.440]  The plaque is circa 2500 BC.
[27:09.440 --> 27:19.440]  It was petitioned by an Akkadian king who proclaimed that he was reasserting the old law,
[27:19.440 --> 27:25.440]  as those in positions of power and influence have so perverted the laws
[27:25.440 --> 27:30.440]  that the citizen can no longer achieve justice.
[27:30.440 --> 27:37.440]  If this has been going on for the last 5500 years that we know about,
[27:37.440 --> 27:42.440]  let's not be surprised that it's still here.
[27:42.440 --> 27:50.440]  But then again, don't be disappointed or discouraged in thinking that the world is going to end tomorrow,
[27:50.440 --> 27:55.440]  because there has been this back and forth forever.
[27:55.440 --> 27:58.440]  It's not ever going to change.
[27:58.440 --> 28:05.440]  If you and I and Jeff and the rest of us manage to fix the system,
[28:05.440 --> 28:09.440]  the grant is going to have to do it again.
[28:09.440 --> 28:11.440]  It's a cycle.
[28:11.440 --> 28:13.440]  The sky's not falling in.
[28:13.440 --> 28:15.440]  Things are not getting worse.
[28:15.440 --> 28:17.440]  They just move in cycles.
[28:17.440 --> 28:23.440]  And I think you and I and the rest of us, we're at the end of a cycle.
[28:23.440 --> 28:28.440]  We're at that point to where things are about as bad as they can get
[28:28.440 --> 28:32.440]  and the people are beginning to stand up and take our system back
[28:32.440 --> 28:38.440]  and we'll correct some things and then we'll get complacent again
[28:38.440 --> 28:40.440]  and it'll go back like it was.
[28:40.440 --> 28:42.440]  Then our grandkids will have to do it again.
[28:42.440 --> 28:45.440]  Does that make sense?
[28:45.440 --> 28:47.440]  Yeah, but it's not our system.
[28:47.440 --> 28:50.440]  Here's the thing.
[28:50.440 --> 28:53.440]  I have an associate that is one of the most brilliant men
[28:53.440 --> 28:55.440]  I ever dreamed of meeting in my life.
[28:55.440 --> 29:05.440]  He is, I mean, when I sent him your recording about the Texas being
[29:05.440 --> 29:13.440]  100% convictions are unlawful, not actually 100%,
[29:13.440 --> 29:16.440]  but it statistically rounds up to 100%.
[29:16.440 --> 29:20.440]  Listen to the entire thing and this man is one of the most knowledgeable men
[29:20.440 --> 29:23.440]  in every aspect of law on this planet.
[29:23.440 --> 29:26.440]  Someday I want to introduce you to him.
[29:26.440 --> 29:29.440]  You'll be smitten and so will he.
[29:29.440 --> 29:32.440]  He already heard you.
[29:32.440 --> 29:37.440]  He listened to everything and he agreed with everything you said,
[29:37.440 --> 29:39.440]  except for one thing.
[29:39.440 --> 29:41.440]  Okay.
[29:41.440 --> 29:42.440]  Hang on.
[29:42.440 --> 29:45.440]  We need to make a great cliffhanger.
[29:45.440 --> 29:47.440]  We're about to go to break.
[29:47.440 --> 29:49.440]  We'll pick this up on the other side.
[29:49.440 --> 29:53.440]  And my clock just went haywire, so I don't know how much time I have.
[29:53.440 --> 29:55.440]  It's Randy Kelton.
[29:55.440 --> 29:57.440]  Are you ready to feel?
[29:57.440 --> 29:59.440]  Oh, I am.
[29:59.440 --> 30:03.440]  Ha.
[30:03.440 --> 30:07.440]  As if your kids needed another reason to brush their teeth, here's one more.
[30:07.440 --> 30:10.440]  A plastic chemical used in fillings could cause small
[30:10.440 --> 30:13.440]  but long-term changes in children's behavior.
[30:13.440 --> 30:16.440]  Here's Dr. Cameron Albrecht back with details in a moment.
[30:16.440 --> 30:18.440]  Privacy is under attack.
[30:18.440 --> 30:22.440]  When you give up data about yourself, you'll never get it back again.
[30:22.440 --> 30:27.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.440 --> 30:29.440]  So protect your rights.
[30:29.440 --> 30:32.440]  Say no to surveillance and keep your information to yourself.
[30:32.440 --> 30:35.440]  Privacy, it's worth hanging on to.
[30:35.440 --> 30:38.440]  This message is brought to you by StartPage.com,
[30:38.440 --> 30:42.440]  the private search engine alternative to Google, Yahoo, and Bing.
[30:42.440 --> 30:46.440]  Start over with StartPage.
[30:46.440 --> 30:49.440]  Here's some not-so-smiley news for kids with cavities.
[30:49.440 --> 30:54.440]  A plastic resin in dental fillings has been linked to behavioral changes
[30:54.440 --> 30:56.440]  and making youngsters more antisocial.
[30:56.440 --> 31:00.440]  Bisphenol A, or BPA, is the mainstay for treating cavities
[31:00.440 --> 31:03.440]  as an alternative to amalgam, which contains mercury.
[31:03.440 --> 31:08.440]  But a five-year study of more than 500 children found kids with BPA fillings
[31:08.440 --> 31:13.440]  scored worse when asked if they had trouble making friends or felt anxious or depressed.
[31:13.440 --> 31:17.440]  The study didn't prove BPA caused the behavioral shift, the authors noted,
[31:17.440 --> 31:21.440]  but previous research has linked BPA exposure to hyperactivity
[31:21.440 --> 31:24.440]  and aggressive behavior in young children.
[31:24.440 --> 31:52.440]  Find Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:54.440 --> 32:03.440]  Go to 4367 and see what our powder, seeds, and oil can do for you only at mqsa.org.
[32:03.440 --> 32:06.440]  Rule of Law Radio is proud to offer the rule of law traffic center.
[32:06.440 --> 32:08.440]  In today's America, we live in an us-against-them society.
[32:08.440 --> 32:10.440]  If we, the people, are ever going to have a free society,
[32:10.440 --> 32:13.440]  then we're going to have to stand and defend our own rights.
[32:13.440 --> 32:16.440]  Among those rights are the right to travel freely from place to place,
[32:16.440 --> 32:18.440]  the right to act in our own private capacity,
[32:18.440 --> 32:20.440]  and most importantly, the right to due process of law.
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[32:24.440 --> 32:26.440]  and preserve our rights through due process.
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[32:29.440 --> 32:33.440]  has put together the most comprehensive teaching tool available that will help you understand
[32:33.440 --> 32:36.440]  what due process is and how to hold courts to the rule of law.
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[32:40.440 --> 32:41.440]  and ordering your copy today.
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[32:51.440 --> 32:55.440]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.440 --> 33:19.440]  Order your copy today and together we can have the free society we all want and deserve.
[33:25.440 --> 33:54.440]  Music
[33:54.440 --> 33:55.440]  We are back.
[33:55.440 --> 34:00.440]  Randy Kelton, Rule of Law Radio in Terry, Missouri.
[34:00.440 --> 34:02.440]  I screwed up.
[34:02.440 --> 34:04.440]  When we came in, I hit the wrong button.
[34:04.440 --> 34:06.440]  Will you hang on a minute?
[34:06.440 --> 34:09.440]  Let me finish up with Edward.
[34:09.440 --> 34:16.440]  Edward, I was confused because I thought I had clicked Terry
[34:16.440 --> 34:18.440]  because I wasn't quite finished with Terry.
[34:18.440 --> 34:25.440]  And I clicked you and I was wondering how Terry got that strange accent.
[34:25.440 --> 34:27.440]  Excuse me.
[34:27.440 --> 34:32.440]  I'm grateful that I got to speak with you.
[34:32.440 --> 34:41.440]  I have many things I'd like to ask you, many different subjects that I just know
[34:41.440 --> 34:49.440]  it's going to be just amazing just to converse with you, really, really.
[34:49.440 --> 35:01.440]  I appreciate the accolade, but it does make me somewhat uncomfortable in that I don't...
[35:01.440 --> 35:03.440]  I'm not meaning to make you uncomfortable.
[35:03.440 --> 35:05.440]  You're an amazing individual.
[35:05.440 --> 35:08.440]  I think everybody's amazing.
[35:08.440 --> 35:18.440]  It's just that you are just uniquely unique, uniquely unique.
[35:18.440 --> 35:19.440]  That's it, uniquely unique.
[35:19.440 --> 35:21.440]  Oh, God.
[35:21.440 --> 35:30.440]  May I say that the people are thinking of the wrong things?
[35:30.440 --> 35:32.440]  May I ask you a question?
[35:32.440 --> 35:34.440]  Here's what I'd like to say.
[35:34.440 --> 35:44.440]  If you had a choice, would you get in a room with an 800-pound gorilla to fight for your freedom,
[35:44.440 --> 35:51.440]  your dignity, and your prosperity, or if you could go to peaceful settlement
[35:51.440 --> 35:58.440]  under 4,500 years' worth of law and not have to get in that room with the 800-pound gorilla,
[35:58.440 --> 36:00.440]  which would you choose?
[36:00.440 --> 36:03.440]  That's easy.
[36:03.440 --> 36:13.440]  I've already been in the room with the 800-pound gorilla, and I would do it again.
[36:13.440 --> 36:20.440]  A while back, I was convicted and sentenced to a year in prison.
[36:20.440 --> 36:27.440]  And after 27 days in solitary confinement, I was standing there looking in the mirror,
[36:27.440 --> 36:31.440]  and I was thinking, you stood there in front of the jury, and you told them,
[36:31.440 --> 36:34.440]  you know, do whatever you have to do.
[36:34.440 --> 36:38.440]  But I'm here doing the right thing for the right reason.
[36:38.440 --> 36:43.440]  And the prosecuting attorney brought up the fact that he is from Vietnam,
[36:43.440 --> 36:49.440]  and he indicated that he didn't think I was ever in the military.
[36:49.440 --> 36:54.440]  Well, I spoke to my brother, the price he paid for these rights,
[36:54.440 --> 36:57.440]  and I told the jury, it makes no difference what you do,
[36:57.440 --> 37:05.440]  because compared to the price he paid, nothing you can do that does not pale into any significance.
[37:05.440 --> 37:08.440]  So they threw the book at me.
[37:08.440 --> 37:13.440]  So I've been in jail, I've been there 27 days in solitary confinement.
[37:13.440 --> 37:23.440]  I'm looking in the mirror, and I ask myself, well, Bubba, you ran your mouth, so did you mean it?
[37:23.440 --> 37:28.440]  And I thought a minute, you're darn right I did.
[37:28.440 --> 37:33.440]  And for me, that was a great opportunity.
[37:33.440 --> 37:42.440]  We get so few opportunities to really test who and what we are.
[37:42.440 --> 37:47.440]  You know, it's really easy to come on this radio show and huff and puff
[37:47.440 --> 37:51.440]  and talk about all the things people should do.
[37:51.440 --> 38:00.440]  But if you haven't gotten out there and done it, you've missed something incredibly valuable.
[38:00.440 --> 38:05.440]  I know you mentioned that I do this with humor.
[38:05.440 --> 38:15.440]  And I think the part that makes it so easy to do it with humor is
[38:15.440 --> 38:26.440]  it turns out that those things we seem to fear the most turn out to be the things we should have feared the least.
[38:26.440 --> 38:34.440]  And now I get to watch these public officials that I used to be so concerned about and afraid of.
[38:34.440 --> 38:39.440]  I get to see them doing these little chicken dances.
[38:39.440 --> 38:45.440]  And it's just hard to contain myself.
[38:45.440 --> 38:50.440]  Last time, my local judge threatened to have me arrested.
[38:50.440 --> 38:53.440]  Can I rephrase that, Randy?
[38:53.440 --> 38:55.440]  Here's what I was really getting at.
[38:55.440 --> 39:00.440]  All these patriots talk about overthrowing the Congress and all that.
[39:00.440 --> 39:04.440]  First of all, it's not their Congress, and they don't even know the meaning of the word patriot.
[39:04.440 --> 39:09.440]  Pa means father. The word patriot means to give allegiance to the papa in Rome.
[39:09.440 --> 39:11.440]  And they only have to look it up.
[39:11.440 --> 39:16.440]  The real truth is that everyone is ignorant, and even I am.
[39:16.440 --> 39:17.440]  We're ignorant.
[39:17.440 --> 39:24.440]  And as soon as we realize how ignorant we are and we raise our teachability index and open ourselves up to learning,
[39:24.440 --> 39:29.440]  everything begins to change, but we'll still be ignorant for a long time.
[39:29.440 --> 39:34.440]  The word sovereign, okay, no citizen can be sovereign.
[39:34.440 --> 39:39.440]  The word sovereign has to do—and it goes back to Rome.
[39:39.440 --> 39:43.440]  The Romans, the citizen, was that that is owned by Rome.
[39:43.440 --> 39:57.440]  If you want to get in the cage with an 800-pound gorilla and fight for your whatever in somebody else's system,
[39:57.440 --> 40:04.440]  I understand, and beating them up the way you do and the way I understand to do it,
[40:04.440 --> 40:09.440]  yes, we need to take on these challenges, like my son said.
[40:09.440 --> 40:16.440]  He said to me, Dad, if a man grows up dreaming about being the knight in shining armor
[40:16.440 --> 40:22.440]  and rescuing his mother, his girlfriend, and everything, and then challenges come up and he says,
[40:22.440 --> 40:28.440]  why me, oh me, oh my, why does all these things happen to me?
[40:28.440 --> 40:38.440]  You can, by shrinking from challenges, how will you ever get stronger to be that knight in shining armor?
[40:38.440 --> 40:42.440]  Exactly. I had a set of tapes.
[40:42.440 --> 40:45.440]  Here's the other part. Here's another part to it.
[40:45.440 --> 40:53.440]  The 55 original founders of this country decided under the right of self-determination
[40:53.440 --> 40:59.440]  and 4,500 years' worth of law to come together and form their own nation.
[40:59.440 --> 41:01.440]  And then they are sovereign.
[41:01.440 --> 41:06.440]  You cannot be a citizen of somebody else's nation and be sovereign.
[41:06.440 --> 41:12.440]  If you want to be sovereign, you must exercise your right of self-determination
[41:12.440 --> 41:16.440]  and form your own nation. How many nations are there on this planet?
[41:16.440 --> 41:20.440]  Not too many. And 40 of them are structured under the Vatican and the UK.
[41:20.440 --> 41:23.440]  Even the US is not structured direct.
[41:23.440 --> 41:27.440]  Everything is about structuring and documents, and they know nothing about it.
[41:27.440 --> 41:30.440]  The only ones that actually know are the 13 families.
[41:30.440 --> 41:33.440]  Even the billionaires don't know. They just get it done to them, for them,
[41:33.440 --> 41:37.440]  by five or 10 men that can do it on this planet.
[41:37.440 --> 41:41.440]  I just happened to have gotten lucky and met one of the most brilliant men
[41:41.440 --> 41:43.440]  that walked on the face of the earth.
[41:43.440 --> 41:48.440]  And I'd love to introduce you to him sometime, but I would have to explain more first.
[41:48.440 --> 41:55.440]  What it is is that the 55 original ones sold out, and most of them died,
[41:55.440 --> 42:01.440]  were murdered, and actually broke, because they broke them.
[42:01.440 --> 42:06.440]  The whole thing is a sham, and everything they teach in the public pool systems
[42:06.440 --> 42:10.440]  is a lie, starting with them burning the witches at the stake.
[42:10.440 --> 42:13.440]  That's a lie. They never did that. They hung them or put them in jail.
[42:13.440 --> 42:17.440]  Then they told us that we had 13 colonies. There was only 12.
[42:17.440 --> 42:23.440]  Delaware was part of Virginia. We go back and forth from Virginia to Philadelphia.
[42:23.440 --> 42:26.440]  I have many things I can share with you.
[42:26.440 --> 42:29.440]  It can't all be done at once, and there's no sense rushing it.
[42:29.440 --> 42:34.440]  Some of the questions I have for you is...
[42:34.440 --> 42:37.440]  When I have a... I have many questions for you.
[42:37.440 --> 42:41.440]  Oh, my God, I have so many, because I know the knowledge you have
[42:41.440 --> 42:43.440]  is going to give me some of the answers,
[42:43.440 --> 42:47.440]  that you're going to confirm some of the things I need to know,
[42:47.440 --> 42:53.440]  that I might be thinking, and I'm thinking right,
[42:53.440 --> 42:57.440]  but I sometimes need it confirmed by others.
[42:57.440 --> 43:01.440]  Thomas Campbell said, no man is an island unto himself.
[43:01.440 --> 43:07.440]  I am not alone in this world, and I am not here to do everything by myself.
[43:07.440 --> 43:11.440]  However, I will step up to the plate and take care of business.
[43:11.440 --> 43:16.440]  It doesn't matter what it is, I'll stand up to basically almost anything.
[43:16.440 --> 43:20.440]  But why be ignorant? Why would I want to,
[43:20.440 --> 43:27.440]  if I can restructure myself out from underneath the company of the U.S.
[43:27.440 --> 43:31.440]  and any one of those countries, direct to the international structure
[43:31.440 --> 43:34.440]  and then attach my wealth to that structure?
[43:34.440 --> 43:37.440]  Why would I want to allow, like the dot-com billionaire,
[43:37.440 --> 43:41.440]  why would I want to allow myself for the U.S.?
[43:41.440 --> 43:44.440]  And he's never stepped foot in the United States,
[43:44.440 --> 43:46.440]  and he's never been a citizen.
[43:46.440 --> 43:49.440]  In the prominent news article that I haven't read,
[43:49.440 --> 43:51.440]  it says, had he been structured properly,
[43:51.440 --> 43:55.440]  they never would have sent in the Navy SEALs, the United States,
[43:55.440 --> 43:58.440]  the U.S. and other countries to steal or confiscate.
[43:58.440 --> 44:00.440]  They call it confiscation.
[44:00.440 --> 44:06.440]  Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.440 --> 44:10.440]  and I would like to invite you to come by our store at 1904 Guadalupe Street,
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[44:21.440 --> 44:22.440]  in alternative medicine.
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[44:37.440 --> 44:43.440]  That's 512-264-4043, naturespureorganics.com.
[44:43.440 --> 44:47.440]  Don't forget to like us on Facebook for information on events and our products.
[44:47.440 --> 45:01.440]  Naturespureorganics.com.
[45:01.440 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[45:56.440 --> 46:01.440]  or call toll-free, 866-LAW-EZ.
[46:01.440 --> 46:22.440]  MUSIC
[46:22.440 --> 46:23.440]  Okay, we are back.
[46:23.440 --> 46:25.440]  Lady Kelton, Lula Radio.
[46:25.440 --> 46:27.440]  And we're talking to Edward.
[46:27.440 --> 46:28.440]  Edward, I do need to move along.
[46:28.440 --> 46:30.440]  We've got a bunch of callers.
[46:30.440 --> 46:32.440]  Would you send me an e-mail?
[46:32.440 --> 46:38.440]  We can talk, we can discuss things through an e-mail.
[46:38.440 --> 46:40.440]  Probably more efficiently.
[46:40.440 --> 46:43.440]  We can talk off the radio, yes?
[46:43.440 --> 46:44.440]  Yes.
[46:44.440 --> 46:48.440]  Send me an e-mail and I'll send you a contact number.
[46:48.440 --> 46:50.440]  Where do I send the e-mail to?
[46:50.440 --> 46:58.440]  To randy, r-e-n-d-y, at lulavlogradio.com.
[46:58.440 --> 47:00.440]  MUSIC
[47:00.440 --> 47:01.440]  Very good.
[47:01.440 --> 47:03.440]  I have one question.
[47:03.440 --> 47:04.440]  Okay.
[47:04.440 --> 47:05.440]  Just a quick one.
[47:05.440 --> 47:07.440]  If I'm in a...
[47:07.440 --> 47:09.440]  I stop all these foreclosures.
[47:09.440 --> 47:13.440]  I keep the lenders from taking the houses for years.
[47:13.440 --> 47:17.440]  Somebody showed me things and I researched 10,000 hours at least.
[47:17.440 --> 47:21.440]  If I file a criminal complaint against the trustee,
[47:21.440 --> 47:26.440]  because all of them have no standing to even collect the mortgages,
[47:26.440 --> 47:31.440]  and when we run from the court room, if I file a criminal complaint in there
[47:31.440 --> 47:34.440]  and it changes the judge into a magistrate
[47:34.440 --> 47:37.440]  and changes the whole court room into a criminal case now,
[47:37.440 --> 47:39.440]  even though we know everything is civil,
[47:39.440 --> 47:44.440]  but you think about it, you don't even have to answer that, right?
[47:44.440 --> 47:46.440]  You can't.
[47:46.440 --> 47:51.440]  Criminal is a subset of civil.
[47:51.440 --> 47:56.440]  But you never file a criminal complaint in a civil accident.
[47:56.440 --> 47:57.440]  No, not file it.
[47:57.440 --> 48:01.440]  I meant hand it to the judge, a criminal complaint, while the case is going on.
[48:01.440 --> 48:05.440]  Can I hand it to the judge, a criminal complaint against that trustee,
[48:05.440 --> 48:09.440]  because I know already he has no standing to be able to foreclose,
[48:09.440 --> 48:11.440]  and it's just mad.
[48:11.440 --> 48:13.440]  I understand much of these things.
[48:13.440 --> 48:17.440]  Yes, you can absolutely hand that to the judge.
[48:17.440 --> 48:20.440]  And that will do amazing things, I have a feeling.
[48:20.440 --> 48:23.440]  Let's talk about that later.
[48:23.440 --> 48:25.440]  Yes, let's talk about that.
[48:25.440 --> 48:27.440]  That's my favorite thing to do.
[48:27.440 --> 48:29.440]  Oh, God.
[48:29.440 --> 48:33.440]  I love you and just, God, I love listening to you.
[48:33.440 --> 48:36.440]  Thank you, I appreciate that.
[48:36.440 --> 48:40.440]  Okay, just send me an email and we'll talk.
[48:40.440 --> 48:41.440]  Very good.
[48:41.440 --> 48:44.440]  Okay, now we're going back to Terry in Missouri.
[48:44.440 --> 48:48.440]  Terry, I'm sorry I hit the wrong button there.
[48:48.440 --> 48:49.440]  Yeah, no problem.
[48:49.440 --> 48:52.440]  Randy, let's just make this kind of cut to the quick,
[48:52.440 --> 48:56.440]  because you don't have the documents that I have here.
[48:56.440 --> 49:00.440]  What I'm just going to simply do is get them to you by your email
[49:00.440 --> 49:02.440]  and let you review them,
[49:02.440 --> 49:06.440]  because I think we're just kind of going around in a circle here.
[49:06.440 --> 49:11.440]  And if somebody knows a lot about fair credit and debt collection and maybe RICO,
[49:11.440 --> 49:16.440]  maybe it's something they need to look at if you can forward that on to somebody.
[49:16.440 --> 49:18.440]  That sound like a deal?
[49:18.440 --> 49:21.440]  Yes, that sounds like a deal.
[49:21.440 --> 49:23.440]  Okay, let's do that first.
[49:23.440 --> 49:25.440]  I'll get that done for you tomorrow.
[49:25.440 --> 49:28.440]  I got your email and I appreciate your help.
[49:28.440 --> 49:34.440]  And we'll take it from there and I'll let you go and you can take some other callers, sir.
[49:34.440 --> 49:36.440]  Okay, thank you.
[49:36.440 --> 49:37.440]  Thank you.
[49:37.440 --> 49:38.440]  Thanks a lot, Randy.
[49:38.440 --> 49:40.440]  Okay.
[49:40.440 --> 49:46.440]  Jeff, I have something I wanted to talk about with you.
[49:46.440 --> 49:52.440]  And that is this consent order.
[49:52.440 --> 49:53.440]  Can't hear you, Randy.
[49:53.440 --> 49:54.440]  I'm sorry.
[49:54.440 --> 49:56.440]  Okay, I'm reading this consent order.
[49:56.440 --> 49:57.440]  I got soft cuts.
[49:57.440 --> 50:01.440]  Oh, God.
[50:01.440 --> 50:09.440]  Let's talk about this in the matter of Encore Capital Corp, Midland Funding,
[50:09.440 --> 50:15.440]  Midland Credit Management, Inc., and Asset Acceptance.
[50:15.440 --> 50:18.440]  Have you read through the whole thing yet?
[50:18.440 --> 50:19.440]  Yes.
[50:19.440 --> 50:21.440]  Will you give us a...
[50:21.440 --> 50:24.440]  I've only read it once.
[50:24.440 --> 50:25.440]  That's okay.
[50:25.440 --> 50:30.440]  So I'm not necessarily going to be able to recite everything from memory.
[50:30.440 --> 50:41.440]  It's one of those documents that is so much in it that you need to go through it at least two or three times, if not more.
[50:41.440 --> 50:49.440]  Now, this is a consent order, so I take it that the...
[50:49.440 --> 50:58.440]  Technically, all of the individual, all of the entities, Encore, Midland Funding, Midland Credit,
[50:58.440 --> 51:04.440]  they consented and essentially agreed that everything in here is true.
[51:04.440 --> 51:06.440]  Yes.
[51:06.440 --> 51:17.440]  So this is not something that now or in the future they can disclaim.
[51:17.440 --> 51:24.440]  Well, they've entered into the consent agreement without admitting guilt.
[51:24.440 --> 51:32.440]  Yeah, but they did agree that they participated in these practices.
[51:32.440 --> 51:34.440]  Yes.
[51:34.440 --> 51:37.440]  Let me read part of it.
[51:37.440 --> 51:40.440]  Okay, Encore is...
[51:40.440 --> 51:46.440]  Let's give the audience just a little something to sink their teeth into.
[51:46.440 --> 51:47.440]  Okay.
[51:47.440 --> 51:56.440]  Out of this consent agreement, Encore, by way of Asset Acceptance,
[51:56.440 --> 52:09.440]  has to refund $42 million in monies that they have collected from alleged debtors.
[52:09.440 --> 52:17.440]  They have to pay $10 million in the way of penalties to the U.S. Treasury.
[52:17.440 --> 52:32.440]  They have to vacate approximately $180 million worth of civil cases and judgments
[52:32.440 --> 52:42.440]  that are currently ongoing or have been adjudicated.
[52:42.440 --> 52:44.440]  Okay?
[52:44.440 --> 52:47.440]  Okay.
[52:47.440 --> 52:51.440]  I'm looking at the numbers.
[52:51.440 --> 53:00.440]  Well, one of the things that they are now basically prohibited from doing
[53:00.440 --> 53:03.440]  concerns affidavits.
[53:03.440 --> 53:10.440]  Actually, you'll find a whole litany of things in there that they are prohibited from doing,
[53:10.440 --> 53:14.440]  one of which is if they refer to records in the affidavit,
[53:14.440 --> 53:21.440]  they have to include the records, otherwise they can't refer to them in the affidavit.
[53:21.440 --> 53:27.440]  So you can't say that I'm familiar with their recordkeeping?
[53:27.440 --> 53:35.440]  I have reviewed the records and found where's the records.
[53:35.440 --> 53:40.440]  So that we can review and test their conclusions.
[53:40.440 --> 53:42.440]  Right, right.
[53:42.440 --> 53:48.440]  They have to sign the affidavit in the presence of a notary,
[53:48.440 --> 53:51.440]  which has always been required anyway,
[53:51.440 --> 53:57.440]  but not a practice and policy and procedure that was utilized by Asset Acceptance
[53:57.440 --> 54:04.440]  and or Encore and its various other subsidiaries.
[54:04.440 --> 54:10.440]  So in this, I haven't read the whole thing either.
[54:10.440 --> 54:19.440]  Did they essentially stipulate that or agree that they had been using essentially
[54:19.440 --> 54:22.440]  robo-notary practices?
[54:22.440 --> 54:27.440]  Well, this is what you have to understand.
[54:27.440 --> 54:32.440]  They agreed to the terms and conditions within the consent order.
[54:32.440 --> 54:36.440]  They're not pleading guilty to any of the charges.
[54:36.440 --> 54:39.440]  No, no, I wasn't claiming guilt.
[54:39.440 --> 54:44.440]  I'm saying did they agree that they participated in these practices?
[54:44.440 --> 54:50.440]  No, they agreed to the terms that said that they will do this
[54:50.440 --> 54:53.440]  with the terms say that they will do.
[54:53.440 --> 54:56.440]  You've got to understand, Randy,
[54:56.440 --> 55:00.440]  this is not the same as you're asking them to confess and they didn't confess.
[55:00.440 --> 55:06.440]  They just agreed to abide by the terms as laid out by the CFPB.
[55:06.440 --> 55:08.440]  I'm asking for stipulation.
[55:08.440 --> 55:09.440]  Did they stipulate?
[55:09.440 --> 55:12.440]  They didn't stipulate the squat.
[55:12.440 --> 55:15.440]  So they just agreed to pay the debt?
[55:15.440 --> 55:16.440]  They agreed to pay it.
[55:16.440 --> 55:22.440]  They agreed to refund and they agreed to amend their ways.
[55:22.440 --> 55:23.440]  Okay.
[55:23.440 --> 55:29.440]  What I'm looking for is collateral estoppel.
[55:29.440 --> 55:31.440]  For what?
[55:31.440 --> 55:38.440]  For when we go in and accuse them of these practices.
[55:38.440 --> 55:44.440]  Can they say we did not participate in these practices?
[55:44.440 --> 55:47.440]  We agreed not to do that.
[55:47.440 --> 55:49.440]  Do what?
[55:49.440 --> 55:56.440]  They basically say we agreed to do this and we agreed to do that.
[55:56.440 --> 56:09.440]  So all of the only thing in here that we can take as accepted are the terms of the agreement.
[56:09.440 --> 56:10.440]  That's it.
[56:10.440 --> 56:17.440]  They agreed to abide by the rules, the functionary rules that are laid down by the CFPB,
[56:17.440 --> 56:24.440]  which actually are the rules that are required under the CFPB, the FDCPA.
[56:24.440 --> 56:33.440]  Why is this called a consent agreement instead of a settlement?
[56:33.440 --> 56:35.440]  Because they haven't settled anything.
[56:35.440 --> 56:41.440]  They just agreed.
[56:41.440 --> 56:48.440]  I'm wondering, did they use this term for some reason?
[56:48.440 --> 56:55.440]  If they consent to this order, they agree with it.
[56:55.440 --> 57:00.440]  I want to be able to hold them to what's in the order.
[57:00.440 --> 57:20.440]  Well, I think that the CUNE versus asset acceptance case that is current and ongoing up in the Indianapolis Division of Indiana
[57:20.440 --> 57:25.440]  might be the better route to go if that's what you want to do.
[57:25.440 --> 57:34.440]  We're looking at this consent order to see if there's language in it that can be used.
[57:34.440 --> 57:48.440]  You have to understand, Randy, this was handed down two days ago on the 9th.
[57:48.440 --> 57:54.440]  Nobody's had a real opportunity to really study it.
[57:54.440 --> 57:58.440]  Okay, well, I was hoping I'd get more time before the show,
[57:58.440 --> 58:08.440]  but it looks like the explanation of what they were doing is really fundamental.
[58:08.440 --> 58:13.440]  It seems fundamental to the debt collection practices everywhere.
[58:13.440 --> 58:15.440]  Well, it is.
[58:15.440 --> 58:23.440]  And this is what they have contractually agreed with, with the CFPB.
[58:23.440 --> 58:27.440]  That they will abide by these terms and conditions.
[58:27.440 --> 58:31.440]  And they have not admitted to doing anything otherwise.
[58:31.440 --> 58:36.440]  Okay, that is what I was trying to get to, what the meaning of the consent order is.
[58:36.440 --> 58:42.440]  And I think you'll find with any consent order that that will be true.
[58:42.440 --> 58:45.440]  That's why I'm wondering why the consent order.
[58:45.440 --> 58:47.440]  Hold on, we'll be right back, Randy Kelton.
[58:47.440 --> 58:50.440]  Doc, Doc, Doc.
[58:50.440 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:57.440]  Bibles for America is offering a free study Bible
[58:57.440 --> 59:01.440]  and a set of free Christian books that can really help.
[59:01.440 --> 59:06.440]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.440 --> 59:09.440]  It's an accurate translation and it contains thousands of footnotes
[59:09.440 --> 59:13.440]  that will help you to know God and to know the meaning of life.
[59:13.440 --> 59:18.440]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.440 --> 59:21.440]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.440 --> 59:24.440]  clearly presents God's plan of salvation,
[59:24.440 --> 59:27.440]  growing in Christ and how to build up the church.
[59:27.440 --> 59:30.440]  To order your free New Testament Recovery Version
[59:30.440 --> 59:33.440]  and Basic Elements of the Christian Life,
[59:33.440 --> 59:40.440]  call Bibles for America toll free at 888-551-0102.
[59:40.440 --> 59:44.440]  That's 888-551-0102.
[59:44.440 --> 59:49.440]  Or visit us online at bfa.org.
[59:49.440 --> 59:59.440]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.440 --> 01:00:06.440]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:06.440 --> 01:00:09.440]  providing your daily bulletins for the commodity market,
[01:00:09.440 --> 01:00:14.440]  today in history, news updates,
[01:00:14.440 --> 01:00:22.440]  and the inside scoop into the tides of the alternatives.
[01:00:22.440 --> 01:00:25.440]  Markets for the 11th of September, 2015,
[01:00:25.440 --> 01:00:29.440]  opened up with gold at $1,110.50 an ounce,
[01:00:29.440 --> 01:00:31.440]  silver at $14.69 an ounce,
[01:00:31.440 --> 01:00:34.440]  Texas crude $45.92 a barrel,
[01:00:34.440 --> 01:00:43.440]  and Bitcoin is currently sitting at about $239 U.S. currency.
[01:00:43.440 --> 01:00:47.440]  Today in history, Tuesday, September 11, 2001,
[01:00:47.440 --> 01:00:50.440]  the World Trade Center complex in downtown Manhattan, New York,
[01:00:50.440 --> 01:00:52.440]  is attacked by terrorists.
[01:00:52.440 --> 01:00:55.440]  19 Saudi hijackers managed to crash two commercial airlines
[01:00:55.440 --> 01:00:57.440]  into the World Trade Center Twin Towers,
[01:00:57.440 --> 01:00:59.440]  a third into the Pentagon,
[01:00:59.440 --> 01:01:02.440]  and the last fourth hijacked plane was debris scattered over miles
[01:01:02.440 --> 01:01:04.440]  near Shanksville, Pennsylvania.
[01:01:04.440 --> 01:01:09.440]  In total, 2,996 people lost their lives, including the hijackers.
[01:01:09.440 --> 01:01:12.440]  Over 220 senior military intelligence service members,
[01:01:12.440 --> 01:01:14.440]  law enforcement, government officials,
[01:01:14.440 --> 01:01:16.440]  1,500 engineers and architects,
[01:01:16.440 --> 01:01:19.440]  250 pilots and aviation professionals,
[01:01:19.440 --> 01:01:22.440]  400 professors, 300 survivors and family members,
[01:01:22.440 --> 01:01:25.440]  200 artists, entertainers, and media professionals,
[01:01:25.440 --> 01:01:28.440]  and over 400 medical professionals have all come out
[01:01:28.440 --> 01:01:30.440]  and labeled these attacks as false flags.
[01:01:30.440 --> 01:01:36.440]  They are calling for an investigation.
[01:01:36.440 --> 01:01:39.440]  In recent news, New York's Governor Andrew Cuomo's administration
[01:01:39.440 --> 01:01:43.440]  formally approved a $15 minimum wage for fast food employees yesterday.
[01:01:43.440 --> 01:01:45.440]  The state plans to gradually implement the mandate
[01:01:45.440 --> 01:01:47.440]  over a three-year period for New York City
[01:01:47.440 --> 01:01:50.440]  and a six-year period for the rest of the state.
[01:01:50.440 --> 01:01:52.440]  Republicans also held a hearing into the process
[01:01:52.440 --> 01:01:54.440]  behind the fast food wage increase,
[01:01:54.440 --> 01:01:57.440]  which some restaurant owners have said they may challenge in court.
[01:01:57.440 --> 01:01:59.440]  Franchise owners say that the increase singles them out,
[01:01:59.440 --> 01:02:02.440]  and gives an unfair advantage to mom-and-pop competitors.
[01:02:02.440 --> 01:02:05.440]  They are warning that many franchises may be forced to raise prices
[01:02:05.440 --> 01:02:09.440]  or cut positions in order to absorb the higher mandated labor costs.
[01:02:09.440 --> 01:02:18.440]  The pay increase is expected to affect some 200,000 employees.
[01:02:18.440 --> 01:02:21.440]  White House Press Secretary Josh Earnest said in a briefing yesterday
[01:02:21.440 --> 01:02:24.440]  that while the administration was continuing to examine responses
[01:02:24.440 --> 01:02:27.440]  to a refugee crisis which has overwhelmed Europe in recent days,
[01:02:27.440 --> 01:02:30.440]  the president has decided to raise the number of Syrian refugees
[01:02:30.440 --> 01:02:33.440]  admitted into the United States to at least 10,000
[01:02:33.440 --> 01:02:35.440]  for the fiscal year beginning in October.
[01:02:35.440 --> 01:02:38.440]  Since the beginning of the conflict in Syria in 2011,
[01:02:38.440 --> 01:02:41.440]  the U.S. has taken in less than 1,500 Syrian refugees.
[01:02:41.440 --> 01:02:44.440]  Officials have said that the U.S. may accept an additional 30,000 refugees
[01:02:44.440 --> 01:02:48.440]  from across the world next year, up from the current figure of 70,000.
[01:02:48.440 --> 01:02:54.440]  More than half of them are children, officials say.
[01:02:54.440 --> 01:02:58.440]  This was the lowdown for September 11, 2013.
[01:03:24.440 --> 01:03:50.440]  Okay, we are back.
[01:03:50.440 --> 01:03:54.440]  This is Randy Kelton, ULA Radio here for the Jeff subjects
[01:03:54.440 --> 01:04:05.440]  and reading this consent order by Encore and Midland Funding.
[01:04:05.440 --> 01:04:08.440]  I would like to read a part of this.
[01:04:08.440 --> 01:04:12.440]  I think everyone will find this enlightening.
[01:04:12.440 --> 01:04:17.440]  I'm sorry, Randy, I'm having difficulty hearing you.
[01:04:17.440 --> 01:04:19.440]  Okay, I hope everybody else is.
[01:04:19.440 --> 01:04:23.440]  Maybe because I'm looking over, I've got two screens here
[01:04:23.440 --> 01:04:29.440]  and I'm looking over the second one, it takes my focus directly from my mic.
[01:04:29.440 --> 01:04:39.440]  My voice is so electronically poor that I have to use a special ribbon mic
[01:04:39.440 --> 01:04:42.440]  and I have to talk right into it.
[01:04:42.440 --> 01:04:46.440]  I've got a good size mixer over here
[01:04:46.440 --> 01:04:49.440]  and I've got everything on the mixer maxed out.
[01:04:49.440 --> 01:04:52.440]  Okay, I'll try to make sure I keep it up.
[01:04:52.440 --> 01:04:56.440]  Encore's debt buying practices.
[01:04:56.440 --> 01:05:01.440]  Encore purchases portfolios of old consumer debt
[01:05:01.440 --> 01:05:04.440]  from some of the nation's largest consumer finance
[01:05:04.440 --> 01:05:06.440]  and telecommunications companies
[01:05:06.440 --> 01:05:10.440]  and from other debt buyers for pennies on the dollar.
[01:05:10.440 --> 01:05:14.440]  These debts primarily consist of charged off consumer debt,
[01:05:14.440 --> 01:05:18.440]  I'm sorry, consumer credit card and telecommunications debts
[01:05:18.440 --> 01:05:22.440]  purchased at various points in time from the date of default.
[01:05:22.440 --> 01:05:28.440]  From 2009 to 2015, Encore paid about $4 billion
[01:05:28.440 --> 01:05:34.440]  for approximately 60 million consumer accounts
[01:05:34.440 --> 01:05:38.440]  with a total face value of $128 billion.
[01:05:38.440 --> 01:05:42.440]  When Encore purchases debt portfolios,
[01:05:42.440 --> 01:05:46.440]  they typically receive an electronic spreadsheet,
[01:05:46.440 --> 01:05:49.440]  sometimes referred to as a data file,
[01:05:49.440 --> 01:05:52.440]  from the seller that includes information about the consumer
[01:05:52.440 --> 01:05:55.440]  such as name, address, Social Security number
[01:05:55.440 --> 01:05:57.440]  and information about the debt,
[01:05:57.440 --> 01:06:00.440]  including the purported amount of the debt,
[01:06:00.440 --> 01:06:05.440]  contract interest rate and dates of origin and default.
[01:06:05.440 --> 01:06:09.440]  Okay, that's supposedly what they buy.
[01:06:09.440 --> 01:06:14.440]  I want you to stop right there.
[01:06:14.440 --> 01:06:15.440]  Okay.
[01:06:15.440 --> 01:06:21.440]  Because that statement is incredibly significant.
[01:06:21.440 --> 01:06:30.440]  They did not buy the debt, they bought data.
[01:06:30.440 --> 01:06:35.440]  They bought a spreadsheet,
[01:06:35.440 --> 01:06:39.440]  received an electronic spreadsheet,
[01:06:39.440 --> 01:06:44.440]  sometimes referred to as a data file.
[01:06:44.440 --> 01:06:51.440]  This goes on to talk about what was actually in the spreadsheet
[01:06:51.440 --> 01:06:59.440]  and what wasn't and the correctness of the spreadsheet.
[01:06:59.440 --> 01:07:03.440]  Encore's purchased agreements with debt sellers
[01:07:03.440 --> 01:07:07.440]  have typically limited in varying degrees
[01:07:07.440 --> 01:07:11.440]  the seller's responsibility for the accuracy
[01:07:11.440 --> 01:07:14.440]  and validity of the accounts in question.
[01:07:14.440 --> 01:07:18.440]  For example, a purchase agreement between Midland Funding
[01:07:18.440 --> 01:07:22.440]  and one large credit card issuer informed Encore
[01:07:22.440 --> 01:07:27.440]  that the account balance for over 35,000 individual accounts
[01:07:27.440 --> 01:07:33.440]  being sold in the transaction was an approximation.
[01:07:33.440 --> 01:07:38.440]  Current balance means the approximate unpaid balance.
[01:07:38.440 --> 01:07:41.440]  Midland Funding acknowledges that the figure provided
[01:07:41.440 --> 01:07:45.440]  as the current balance for any loan may include interest,
[01:07:45.440 --> 01:07:48.440]  accrued or unaccrued cost, fees, expenses,
[01:07:48.440 --> 01:07:51.440]  and it is possible that the figure provided
[01:07:51.440 --> 01:07:55.440]  at the current balance for any loan may not reflect credits
[01:07:55.440 --> 01:08:00.440]  for payments made by or on behalf of any obligor
[01:08:00.440 --> 01:08:03.440]  prior to the cutoff date.
[01:08:03.440 --> 01:08:07.440]  Other purchase agreements such as one between Midland Funding
[01:08:07.440 --> 01:08:12.440]  and a large retailer put Encore on notice that some of the accounts
[01:08:12.440 --> 01:08:17.440]  are likely past the applicable statute of limitations
[01:08:17.440 --> 01:08:27.440]  for limit... Back up, restart. My tang is getting tangled.
[01:08:27.440 --> 01:08:32.440]  Other purchase agreements such as one between Midland Funding
[01:08:32.440 --> 01:08:36.440]  and a large retailer put Encore on notice that some of the accounts
[01:08:36.440 --> 01:08:42.440]  are likely past the applicable statute of limitations for litigation
[01:08:42.440 --> 01:08:46.440]  or were previously disputed by consumers.
[01:08:46.440 --> 01:08:49.440]  Midland Funding understands that sellers believe
[01:08:49.440 --> 01:08:53.440]  but have not verified that the statute of limitations
[01:08:53.440 --> 01:08:57.440]  may have run on some but not all the accounts.
[01:08:57.440 --> 01:09:02.440]  Midland Funding acknowledges that some accounts
[01:09:02.440 --> 01:09:05.440]  or certain transactions posted to some accounts
[01:09:05.440 --> 01:09:08.440]  may be subject to actual or potential claims
[01:09:08.440 --> 01:09:13.440]  or disputes by obligors against one or both of the sellers
[01:09:13.440 --> 01:09:16.440]  or their affiliates.
[01:09:16.440 --> 01:09:20.440]  In another example, a purchase agreement between Asset
[01:09:20.440 --> 01:09:24.440]  and a large finance company informed Encore that
[01:09:24.440 --> 01:09:28.440]  some accounts or certain transactions posted to some accounts
[01:09:28.440 --> 01:09:31.440]  may be subject to actual or potential claims or disputes
[01:09:31.440 --> 01:09:34.440]  by obligors against one or both of the sellers
[01:09:34.440 --> 01:09:36.440]  or their affiliates.
[01:09:36.440 --> 01:09:41.440]  Asset understands that sellers believe but have not verified
[01:09:41.440 --> 01:09:44.440]  that statutes of limitations may have run on some
[01:09:44.440 --> 01:09:46.440]  if not all of these accounts.
[01:09:46.440 --> 01:09:49.440]  Stop. Stop. Stop.
[01:09:49.440 --> 01:09:52.440]  I was going to say this goes on and on.
[01:09:52.440 --> 01:09:57.440]  Stop. Stop. Stop. Go back.
[01:09:57.440 --> 01:10:05.440]  May have run on some if not all of the accounts.
[01:10:05.440 --> 01:10:08.440]  That's exactly what it says.
[01:10:08.440 --> 01:10:10.440]  Yes.
[01:10:10.440 --> 01:10:18.440]  So when Asset received this data,
[01:10:18.440 --> 01:10:22.440]  they bought it, they received it,
[01:10:22.440 --> 01:10:29.440]  if they acted on this data without first verifying
[01:10:29.440 --> 01:10:34.440]  the statute of limitations on the account,
[01:10:34.440 --> 01:10:44.440]  they acted with full knowledge of the impiety of their behavior.
[01:10:44.440 --> 01:10:49.440]  Another way of saying that is they had no standing to sue.
[01:10:49.440 --> 01:10:53.440]  Exactly. And they knew that going in.
[01:10:53.440 --> 01:10:56.440]  They've given clear notice.
[01:10:56.440 --> 01:10:59.440]  So anyone that's out of time,
[01:10:59.440 --> 01:11:04.440]  well, in the overall scheme of things,
[01:11:04.440 --> 01:11:10.440]  if a lawyer takes an action that's out of time,
[01:11:10.440 --> 01:11:13.440]  at least in Texas for certain,
[01:11:13.440 --> 01:11:17.440]  the lawyer is responsible for the filing.
[01:11:17.440 --> 01:11:22.440]  And he may not trust the veracity of his client.
[01:11:22.440 --> 01:11:26.440]  He must test the validity of the filing himself.
[01:11:26.440 --> 01:11:30.440]  And he is personally responsible.
[01:11:30.440 --> 01:11:37.440]  Well, if you take that in combination with the allegations
[01:11:37.440 --> 01:11:44.440]  that's in the CUNE versus Asset acceptance,
[01:11:44.440 --> 01:11:51.440]  virtually none of the credit card accounts
[01:11:51.440 --> 01:11:56.440]  did they ever have standing to sue on.
[01:11:56.440 --> 01:12:00.440]  And that's why I was listening to public radio
[01:12:00.440 --> 01:12:03.440]  here in the Dallas-Fort Worth area,
[01:12:03.440 --> 01:12:08.440]  and a reporter was doing stories on debt collectors.
[01:12:08.440 --> 01:12:15.440]  He went to a hearing with someone who received a summons
[01:12:15.440 --> 01:12:18.440]  to appear on a debt.
[01:12:18.440 --> 01:12:19.440]  Uh-huh.
[01:12:19.440 --> 01:12:22.440]  So before the hearing, they talked to the lawyer
[01:12:22.440 --> 01:12:29.440]  and asked him if he had the full account
[01:12:29.440 --> 01:12:32.440]  to establish the amount of the debt.
[01:12:32.440 --> 01:12:35.440]  And he did a lot of huffing and puffing.
[01:12:35.440 --> 01:12:39.440]  And the reporter was asking questions,
[01:12:39.440 --> 01:12:46.440]  and the lawyer accused the reporter of illegal practice of law.
[01:12:46.440 --> 01:12:50.440]  They get in the courtroom.
[01:12:50.440 --> 01:12:55.440]  He called the reporter to the stand
[01:12:55.440 --> 01:13:01.440]  and then told the judge that he was illegally practicing law.
[01:13:01.440 --> 01:13:04.440]  And the judge asked him a few questions and said,
[01:13:04.440 --> 01:13:06.440]  oh, that's nonsense.
[01:13:06.440 --> 01:13:11.440]  And then they called the debtor to the stand,
[01:13:11.440 --> 01:13:16.440]  and he demanded that they provide evidence
[01:13:16.440 --> 01:13:20.440]  so that he could verify the account.
[01:13:20.440 --> 01:13:24.440]  And the lawyer said, I need to go call my superior.
[01:13:24.440 --> 01:13:26.440]  He goes out and comes back,
[01:13:26.440 --> 01:13:31.440]  tells the court that they have decided to dismiss the case.
[01:13:31.440 --> 01:13:32.440]  Uh-huh.
[01:13:32.440 --> 01:13:36.440]  Well, the reporter was just flabbergasted.
[01:13:36.440 --> 01:13:40.440]  And they go outside, and another lawyer out there approached him
[01:13:40.440 --> 01:13:42.440]  and told him he heard what went on,
[01:13:42.440 --> 01:13:46.440]  that he was a defense lawyer in these cases.
[01:13:46.440 --> 01:13:48.440]  And they told him that they dismissed the case,
[01:13:48.440 --> 01:13:51.440]  and he said, I'm not surprised.
[01:13:51.440 --> 01:13:56.440]  He said, almost any time someone brings an objection
[01:13:56.440 --> 01:13:59.440]  to one of these suits, they dismiss
[01:13:59.440 --> 01:14:03.440]  when they ask the right questions.
[01:14:03.440 --> 01:14:12.440]  And the right question is, where is the evidence of the debt
[01:14:12.440 --> 01:14:19.440]  so that I can verify the amount you're claiming?
[01:14:19.440 --> 01:14:20.440]  Right.
[01:14:20.440 --> 01:14:22.440]  That's the question they asked the lawyer,
[01:14:22.440 --> 01:14:26.440]  and the second lawyer said, that's the magic question
[01:14:26.440 --> 01:14:31.440]  because they simply do not have it.
[01:14:31.440 --> 01:14:33.440]  And while I was listening to this,
[01:14:33.440 --> 01:14:36.440]  I was thinking that Jeff said it the whole time.
[01:14:36.440 --> 01:14:38.440]  Oh, yeah, right. Uh-huh.
[01:14:38.440 --> 01:14:40.440]  Yeah, I figured you'd be tough to know.
[01:14:40.440 --> 01:14:44.440]  Do you really think I'm going to believe that?
[01:14:44.440 --> 01:14:47.440]  Yeah, this is just the other day, so it was still real harsh.
[01:14:47.440 --> 01:14:49.440]  Oh, okay.
[01:14:49.440 --> 01:14:53.440]  That's exactly what this is saying here.
[01:14:53.440 --> 01:14:56.440]  Well, it's also very significant.
[01:14:56.440 --> 01:14:59.440]  It was at the beginning of the consent order,
[01:14:59.440 --> 01:15:04.440]  wherein they said that they bought spreadsheets of data.
[01:15:04.440 --> 01:15:06.440]  You know, later on in the pleading,
[01:15:06.440 --> 01:15:09.440]  it will say something about they have a right to collect,
[01:15:09.440 --> 01:15:13.440]  but that is where they bought stuff from an original creditor,
[01:15:13.440 --> 01:15:17.440]  and the creditor could assign the right to collect.
[01:15:17.440 --> 01:15:19.440]  But when it comes to credit cards,
[01:15:19.440 --> 01:15:23.440]  the credit cards, by and large, almost all,
[01:15:23.440 --> 01:15:26.440]  but there might be a few exceptions here and there,
[01:15:26.440 --> 01:15:32.440]  have been put into, have been securitized in a trust.
[01:15:32.440 --> 01:15:36.440]  And according to the SEC regulations and the IRS regulations,
[01:15:36.440 --> 01:15:39.440]  they cannot come out of the trust.
[01:15:39.440 --> 01:15:41.440]  And if there's a default,
[01:15:41.440 --> 01:15:45.440]  the insurance company pays off the investor.
[01:15:45.440 --> 01:15:50.440]  So, but there's no law that prohibits the servicer
[01:15:50.440 --> 01:15:54.440]  from taking the data sheet about the defaulted debt
[01:15:54.440 --> 01:15:57.440]  and selling the data sheet.
[01:15:57.440 --> 01:16:00.440]  So, you know, when they buy the credit card,
[01:16:00.440 --> 01:16:04.440]  data sheets from a servicer,
[01:16:04.440 --> 01:16:07.440]  they do not have the right to collect.
[01:16:07.440 --> 01:16:10.440]  They have no standing to go into court.
[01:16:10.440 --> 01:16:14.440]  That was going to be my question.
[01:16:14.440 --> 01:16:20.440]  Let's say I go down to one of these companies,
[01:16:20.440 --> 01:16:26.440]  and I download their records of accounts
[01:16:26.440 --> 01:16:29.440]  that have been written off.
[01:16:29.440 --> 01:16:34.440]  Do I then have a right to collect those debts?
[01:16:34.440 --> 01:16:39.440]  No, not unless it's been assigned to you.
[01:16:39.440 --> 01:16:42.440]  Okay, since you've come back from grace,
[01:16:42.440 --> 01:16:46.440]  I want to talk about what constitutes an assignment
[01:16:46.440 --> 01:16:50.440]  and how it is there from the legal establishment.
[01:16:50.440 --> 01:16:55.440]  Randy Kelton and the Blue Glow Radio are calling number 512-646-9944.
[01:16:55.440 --> 01:16:59.440]  We'll be right back.
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[01:19:00.440 --> 01:19:10.440]  This is the Logos Radio Network.
[01:19:30.440 --> 01:19:52.440]  Okay, we are back.
[01:19:52.440 --> 01:19:57.440]  Randy Kelton, the ruler of our radio here with Mr. Jeff Sedgwick,
[01:19:57.440 --> 01:20:01.440]  and we're looking at this consent order.
[01:20:01.440 --> 01:20:09.440]  This is just the first page, and there are 63 pages here.
[01:20:09.440 --> 01:20:17.440]  Jeff, how much of this document is spent on the bad things,
[01:20:17.440 --> 01:20:20.440]  the practices of the debt collector?
[01:20:20.440 --> 01:20:28.440]  Well, about half the document, if not two-thirds of the document,
[01:20:28.440 --> 01:20:34.440]  describes what the corrective behavior will be,
[01:20:34.440 --> 01:20:40.440]  and then the rest of it is about making restitution.
[01:20:40.440 --> 01:20:45.440]  Okay, so this is, we don't have too many pages.
[01:20:45.440 --> 01:20:52.440]  I want to go down and see if I get a better idea of some of the things they're doing.
[01:20:52.440 --> 01:20:55.440]  Another example, a purchase agreement in Asset Voice.
[01:20:55.440 --> 01:20:57.440]  This is one I just did.
[01:20:57.440 --> 01:21:06.440]  Debt sellers making these types of disclosures typically did not inform Encore
[01:21:06.440 --> 01:21:11.440]  which individual accounts in a given portfolio contained in the proximate balance
[01:21:11.440 --> 01:21:16.440]  are past the applicable statute of limitations for litigation,
[01:21:16.440 --> 01:21:20.440]  past the date of obsolescence for credit reporting,
[01:21:20.440 --> 01:21:25.440]  or were previously disputed by a consumer.
[01:21:25.440 --> 01:21:29.440]  Debt purchase agreements have typically contained recitals
[01:21:29.440 --> 01:21:36.440]  that Encore is purchasing consumer accounts after having conducted an independent evaluation
[01:21:36.440 --> 01:21:41.440]  as to the enforceability and collectability of the sold accounts.
[01:21:41.440 --> 01:21:50.440]  However, the only investigation typically taken by Encore prior to a debt portfolio purchase
[01:21:50.440 --> 01:21:54.440]  has been to review the data file for facial anomalies
[01:21:54.440 --> 01:21:59.440]  such as default date preceding an account open date
[01:21:59.440 --> 01:22:04.440]  or a social security number that is obviously a placeholder.
[01:22:04.440 --> 01:22:09.440]  In numerous instances, debt sellers have provided data files to Encore
[01:22:09.440 --> 01:22:14.440]  containing inaccurate information as to the identity of the consumer
[01:22:14.440 --> 01:22:19.440]  obligated to pay the debt, the age of the debt, the amount of the debt,
[01:22:19.440 --> 01:22:23.440]  the interest rate, and other material information about the debt.
[01:22:23.440 --> 01:22:30.440]  Nevertheless, Encore has continued purchasing consumer debt from these sellers.
[01:22:30.440 --> 01:22:36.440]  For example, from at least February 2010 to June 2013,
[01:22:36.440 --> 01:22:43.440]  one large credit card bank sold Encore over 10,000 individual consumer accounts
[01:22:43.440 --> 01:22:47.440]  with data files containing overstated interest rates.
[01:22:47.440 --> 01:22:54.440]  To date, Encore has continued to purchase debt from this bank
[01:22:54.440 --> 01:22:59.440]  knowing that records from this bank have been inaccurate to the detriment of the borrowers
[01:22:59.440 --> 01:23:05.440]  without reviewing any account-level documentation to verify the information
[01:23:05.440 --> 01:23:10.440]  being provided by this seller is inaccurate.
[01:23:10.440 --> 01:23:17.440]  Sellers disclaim the availability of documentation to evidence the debt they sold to Encore.
[01:23:17.440 --> 01:23:23.440]  This could be the primary one.
[01:23:23.440 --> 01:23:30.440]  Sellers typically provide Encore with any consumer...
[01:23:30.440 --> 01:23:34.440]  Oh, I'm sorry, missed a word. I tripped over that.
[01:23:34.440 --> 01:23:40.440]  Sellers typically have not provided Encore with any consumer-level documentation
[01:23:40.440 --> 01:23:45.440]  but most individual debts such as account statements, records of payments,
[01:23:45.440 --> 01:23:49.440]  and the underlying contracts signed by the consumers.
[01:23:49.440 --> 01:23:54.440]  Instead, if desired, Encore has had to order these documents from sellers
[01:23:54.440 --> 01:23:58.440]  often at an additional cost to Encore.
[01:23:58.440 --> 01:24:03.440]  Further, purchase agreements typically state that sellers will provide documentation
[01:24:03.440 --> 01:24:08.440]  to evidence the debt only to the extent it is available.
[01:24:08.440 --> 01:24:14.440]  Some purchase agreements state that the seller will not provide any account-level documents
[01:24:14.440 --> 01:24:22.440]  for certain portfolios or that documentation is available only for a percentage of the accounts
[01:24:22.440 --> 01:24:26.440]  and that sellers will not be in breach of their agreement with Encore
[01:24:26.440 --> 01:24:30.440]  because they cannot provide documentation.
[01:24:30.440 --> 01:24:40.440]  Jeff, this is one of the primary things that would stop the debt collector from collecting the debt.
[01:24:40.440 --> 01:24:44.440]  Am I correct about that?
[01:24:44.440 --> 01:24:47.440]  Yes.
[01:24:47.440 --> 01:24:54.440]  I did some research. I was preparing a debt validation letter a couple days ago.
[01:24:54.440 --> 01:25:01.440]  I went back and redid my research to make sure what I could ask and what I couldn't ask.
[01:25:01.440 --> 01:25:07.440]  I wanted to know what constituted validation of the debt.
[01:25:07.440 --> 01:25:13.440]  And in the cases I looked at, for the most part, what it went to was
[01:25:13.440 --> 01:25:18.440]  the debt collector comes to the table and says,
[01:25:18.440 --> 01:25:21.440]  you owe this much money.
[01:25:21.440 --> 01:25:25.440]  When you dispute the debt and ask for validation,
[01:25:25.440 --> 01:25:33.440]  the debt collector must produce documentation from the account
[01:25:33.440 --> 01:25:40.440]  so that the borrower can calculate the documentation
[01:25:40.440 --> 01:25:46.440]  and come up with the number at or similar to the number requested by the debt collector.
[01:25:46.440 --> 01:25:53.440]  That's what it required essentially in short to validate the debt.
[01:25:53.440 --> 01:26:03.440]  Talking to Jeff on the break, apparently the Sixth Circuit has adopted,
[01:26:03.440 --> 01:26:09.440]  the Sixth Circuit ruled on a case that was somewhat more definitive.
[01:26:09.440 --> 01:26:13.440]  Will you kind of explain that one, Jeff?
[01:26:13.440 --> 01:26:19.440]  Well, they basically set down an outline, the Sixth Circuit did,
[01:26:19.440 --> 01:26:24.440]  as to what would be required in their minds in order to validate the debt.
[01:26:24.440 --> 01:26:27.440]  And it wasn't just credit card debt.
[01:26:27.440 --> 01:26:33.440]  It would be virtually any kind of debt, consumer debt that is,
[01:26:33.440 --> 01:26:35.440]  and handed down the decision.
[01:26:35.440 --> 01:26:39.440]  Unfortunately, I cannot remember the case by name,
[01:26:39.440 --> 01:26:43.440]  so it would be difficult for me to look it up without talking to an associate
[01:26:43.440 --> 01:26:46.440]  who would know the name.
[01:26:46.440 --> 01:26:49.440]  But one of the things that I was mentioning to you, Randy,
[01:26:49.440 --> 01:26:59.440]  was one redeeming quality of what's going on is that that same circuit decision
[01:26:59.440 --> 01:27:06.440]  has been adopted by the Eastern District of Texas as a benchmark.
[01:27:06.440 --> 01:27:12.440]  So, you know, you should be able to take that benchmark over
[01:27:12.440 --> 01:27:17.440]  into the Northern District where you're having so much problems.
[01:27:17.440 --> 01:27:22.440]  And I'm not sure if you're having problems on any kind of debt case
[01:27:22.440 --> 01:27:29.440]  or if it's just limited to debt cases where it's a pro se representing himself.
[01:27:29.440 --> 01:27:35.440]  Most of the problems we have are pro ses representing themselves.
[01:27:35.440 --> 01:27:44.440]  Well, have you sat in and seen cases where an attorney has represented an individual?
[01:27:44.440 --> 01:27:47.440]  No, I haven't.
[01:27:47.440 --> 01:27:55.440]  So, unfortunately, we can't say right offhand whether a defense attorney
[01:27:55.440 --> 01:27:57.440]  would have the same problems.
[01:27:57.440 --> 01:28:05.440]  And I have seen in the courts here great volumes of struggle and effort
[01:28:05.440 --> 01:28:09.440]  on the part of the defense attorney on a debt.
[01:28:09.440 --> 01:28:15.440]  It was brutal what the court medium goes through.
[01:28:15.440 --> 01:28:21.440]  So I'm not entirely convinced that the situation in the Northern District
[01:28:21.440 --> 01:28:26.440]  is limited to just pro ses as opposed to the Northern District
[01:28:26.440 --> 01:28:29.440]  taking the position where you borrow the money, they gave you the money,
[01:28:29.440 --> 01:28:33.440]  you owe the money, you didn't pay it, you're paying back now.
[01:28:33.440 --> 01:28:37.440]  That's pretty well what I hear about the Northern District.
[01:28:37.440 --> 01:28:44.440]  Especially Fort Worth, we have Judge McBride.
[01:28:44.440 --> 01:28:51.440]  And the best I can say about Judge McBride is he is a real stinker.
[01:28:51.440 --> 01:28:55.440]  And everybody hates Judge McBride.
[01:28:55.440 --> 01:28:58.440]  All the lawyers hate McBride.
[01:28:58.440 --> 01:29:09.440]  And primarily because he is so arbitrary, capricious, and just downright mean.
[01:29:09.440 --> 01:29:12.440]  So he's an honorary old Gus.
[01:29:12.440 --> 01:29:14.440]  Go ahead, Jeff.
[01:29:14.440 --> 01:29:17.440]  I said, so he's an honorary old Gus.
[01:29:17.440 --> 01:29:24.440]  Oh, he is extremely honorary and has absolutely no business on the bench.
[01:29:24.440 --> 01:29:28.440]  He's making, as bad as we think of federal judges,
[01:29:28.440 --> 01:29:33.440]  McBride makes them all look much, much worse.
[01:29:33.440 --> 01:29:36.440]  Okay.
[01:29:36.440 --> 01:29:45.440]  I know a person in Georgia who would argue that case, that statement over her judge.
[01:29:45.440 --> 01:29:47.440]  Okay, hang on.
[01:29:47.440 --> 01:30:03.440]  We'll be right back.
[01:30:03.440 --> 01:30:07.440]  Eating grilled food and too much red meat raises your cancer risk,
[01:30:07.440 --> 01:30:11.440]  but there's a way your barbecue can actually help you prevent cancer.
[01:30:11.440 --> 01:30:12.440]  I'm Dr. Catherine Albrecht,
[01:30:12.440 --> 01:30:17.440]  and I'll give you some safer grilling tips to make your cookouts tasty and healthy next.
[01:30:17.440 --> 01:30:19.440]  Privacy is under attack.
[01:30:19.440 --> 01:30:22.440]  When you give up data about yourself, you'll never get it back again.
[01:30:22.440 --> 01:30:27.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.440 --> 01:30:29.440]  So protect your rights.
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[01:30:46.440 --> 01:30:51.440]  A slab of juicy meat, a flaming fire, the smell of sizzling fat,
[01:30:51.440 --> 01:30:53.440]  barbecues are one of the joys of summer.
[01:30:53.440 --> 01:30:56.440]  Sadly, they also raise your cancer risk,
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[01:30:59.440 --> 01:31:01.440]  First, beware of burn.
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[01:31:18.440 --> 01:31:20.440]  And finally, add some fish to your repertoire.
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[01:31:23.440 --> 01:31:30.440]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.440 --> 01:31:36.440]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.440 --> 01:31:38.440]  The government says that fire brought it down.
[01:31:38.440 --> 01:31:43.440]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.440 --> 01:31:46.440]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.440 --> 01:31:49.440]  But thousands of my fellow first responders are dying.
[01:31:49.440 --> 01:31:50.440]  I'm not a conspiracy theorist.
[01:31:50.440 --> 01:31:51.440]  I'm a structural engineer.
[01:31:51.440 --> 01:31:52.440]  I'm a New York City correction officer.
[01:31:52.440 --> 01:31:53.440]  I'm an Air Force pilot.
[01:31:53.440 --> 01:31:55.440]  I'm a father who lost his son.
[01:31:55.440 --> 01:31:58.440]  We're Americans, and we deserve the truth.
[01:31:58.440 --> 01:32:01.440]  Go to RememberBuilding7.org today.
[01:32:29.440 --> 01:32:32.440]  to handle your claim and your roof right the first time.
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[01:32:45.440 --> 01:32:50.440]  So if those out-of-town roofers come knocking, your door should be locking.
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[01:32:56.440 --> 01:32:59.440]  Discounts are based on full roof replacement.
[01:32:59.440 --> 01:33:01.440]  May not actually be kidding about chemtrails.
[01:33:01.440 --> 01:33:04.440]  You are listening to the Logos Radio Network.
[01:33:04.440 --> 01:33:27.440]  logosradionetwork.com.
[01:33:34.440 --> 01:33:38.440]  I'm a New York City correction officer.
[01:33:38.440 --> 01:33:41.440]  I'm a father who lost his son.
[01:33:41.440 --> 01:33:43.440]  Go to RememberBuilding7.org today.
[01:33:43.440 --> 01:33:47.440]  go to hillcountryhomeimprovements.com.
[01:33:47.440 --> 01:33:51.440]  I'm a father who lost his son.
[01:33:51.440 --> 01:34:19.440]  Okay, we are back in Kelton. We were with Jeff Sedgwick. And we would like you to go to look at a website.
[01:34:19.440 --> 01:34:29.440]  We've got some new sponsors on, Global Heating Center. You've got to go look at their products.
[01:34:29.440 --> 01:34:37.440]  And the one thing that I've been going to look at is the Gold Savings Club.
[01:34:37.440 --> 01:34:49.440]  Two or three years ago, I was looking to find a way that I could open a bank account.
[01:34:49.440 --> 01:34:59.440]  And instead of my money being ledgered in the account as green dollars,
[01:34:59.440 --> 01:35:07.440]  they were ledgered in the account as a commodity. Gold, silver, platinum, palladium, they didn't care what it was.
[01:35:07.440 --> 01:35:11.440]  Nobody did that then, but now they have.
[01:35:11.440 --> 01:35:29.440]  It's like these other alternative currencies, except this one's a real deal. This one's not a digital currency. This one's real gold currency.
[01:35:29.440 --> 01:35:45.440]  So one thing is it gives the IRS a little more difficulty because it's barter. And gold, of all things, is the most stable of all investments.
[01:35:45.440 --> 01:35:59.440]  And if you look at it, especially with the care currencies, one of my favorites, and look at our other sponsors, we need you to patronize our sponsors.
[01:35:59.440 --> 01:36:07.440]  We haven't been plugging jurisdictionary near enough. Shame on me for that, because that is probably the most powerful tool we've got.
[01:36:07.440 --> 01:36:15.440]  When someone starts asking questions and talking about their issue, I can pretty well tell if they've been through jurisdictionary,
[01:36:15.440 --> 01:36:21.440]  because of the kinds of issues they talk about and the way they talk about.
[01:36:21.440 --> 01:36:29.440]  I had a guy out of Michigan, out of Wisconsin, call in and talking about his case. And I said, well, did you do this? He said, I did that.
[01:36:29.440 --> 01:36:34.440]  Did you do this? Yeah, I did that. Here's your file with the Mandemps. Oh, I did that.
[01:36:34.440 --> 01:36:40.440]  And then I said, have you been through jurisdictionary? Oh, yeah. Oh, yeah. I've had that. I've been through it a couple of times.
[01:36:40.440 --> 01:36:52.440]  Jurisdictionary, well, if you're interested in legal matters, legal issues, the price for jurisdictionary is chunk change relative to the value you'll get out of it.
[01:36:52.440 --> 01:37:04.440]  Even lawyers need to get jurisdictionary, because it gives you the basics of how things are actually done out here in the real world.
[01:37:04.440 --> 01:37:15.440]  Law school lawyers learn about law and how to argue issues, but they don't learn how to write motions, how to file motions, how to get them put on for hearing.
[01:37:15.440 --> 01:37:23.440]  All those practice details, you'll find that in jurisdictionary. So it is well worth the cost and it will help support radio station.
[01:37:23.440 --> 01:37:36.440]  OK, back to Jeff and back to our consent board. Don't worry, Jeff, I lost my place.
[01:37:36.440 --> 01:37:53.440]  We had been discussing about them buying spreadsheets of data and not debt and not having standing in which to file lawsuits.
[01:37:53.440 --> 01:38:02.440]  But they're doing it anyway and they're doing it even on accounts that are outside the statute of limitations.
[01:38:02.440 --> 01:38:09.440]  And this is something that I talked to Jeff about earlier on the breaking.
[01:38:09.440 --> 01:38:20.440]  I really want to be able to use these consent agreements because they've got so much good stuff in them.
[01:38:20.440 --> 01:38:40.440]  And when a client comes to the court and they make a proactive statement to the court, the courts really accept what they say on their face, prima facie as true.
[01:38:40.440 --> 01:38:51.440]  And they'll accept it as true until it's challenged. What I want to be able to do is say when this debt collector comes to the table,
[01:38:51.440 --> 01:39:12.440]  you cannot accept his statements as true on their face because the actor has essentially admitted that they have perpetrated these improper practices.
[01:39:12.440 --> 01:39:21.440]  So they can't come into this court and maintain that they have acted with them, that they act with good faith.
[01:39:21.440 --> 01:39:28.440]  Neither can the court give them the benefit of any doubt as they've already admitted to really, really bad behavior.
[01:39:28.440 --> 01:39:46.440]  This goes to Coletta or Listopo. And Jeff has kind of given me pushback on that. He doesn't think I can get there.
[01:39:46.440 --> 01:39:56.440]  What can I get out of the consent orders that I can use? Or how could I use the consent orders in court?
[01:39:56.440 --> 01:40:01.440]  You pointed out a couple of avenues yourself just in the last few minutes.
[01:40:01.440 --> 01:40:15.440]  You can put this document in as mandatory judicial notice and then point to it.
[01:40:15.440 --> 01:40:26.440]  There's nothing on the record that would show or establish that the affidavit is accurate.
[01:40:26.440 --> 01:40:32.440]  The affidavit speaks to or the affidavit speaks to having examined the records, but there are no records.
[01:40:32.440 --> 01:40:40.440]  And according to the consent decree or consent order, they have been instructed to no longer put in affidavits
[01:40:40.440 --> 01:40:50.440]  to when they refer to account information that that affidavit must have the account information attached to it.
[01:40:50.440 --> 01:41:03.440]  So I need to really map out all of the practices that the debt collector agreed to participate in
[01:41:03.440 --> 01:41:10.440]  and then look at their behavior and show where they fail to act in accordance with the consent decree.
[01:41:10.440 --> 01:41:13.440]  How could I really use that?
[01:41:13.440 --> 01:41:26.440]  If you look in that consent decree, it is broken up into different, I'm not sure, the lack of a better word, genres of bad behavior,
[01:41:26.440 --> 01:41:37.440]  one of which is affidavits, and most of the cases that they found into the courts are predicated solely on an affidavit.
[01:41:37.440 --> 01:41:46.440]  And there must be about five or six pages in that consent order that deal with the affidavits and what they are required to do
[01:41:46.440 --> 01:41:53.440]  and what they've actually always been required to do and now have received instructions from the CFPB
[01:41:53.440 --> 01:42:01.440]  and have agreed with the CFPB that they will so do that, inferring that they haven't been doing it.
[01:42:01.440 --> 01:42:10.440]  So what legal status would that have?
[01:42:10.440 --> 01:42:16.440]  Randy, as I mentioned to you, this decision just came down two days ago.
[01:42:16.440 --> 01:42:17.440]  I'm not talking about-
[01:42:17.440 --> 01:42:23.440]  I have not had an opportunity to go through it and examine how I can engage it or employ it.
[01:42:23.440 --> 01:42:29.440]  No, no, this is not the first consent order.
[01:42:29.440 --> 01:42:33.440]  I'm speaking to consent orders in general.
[01:42:33.440 --> 01:42:45.440]  When a debt collector is pressured by the OOC or the CFPB-
[01:42:45.440 --> 01:42:48.440]  CFPB.
[01:42:48.440 --> 01:42:59.440]  To agree to one of these consent orders, beyond the penalties or fines or fees that they pay,
[01:42:59.440 --> 01:43:06.440]  what legal weight does a consent order carry?
[01:43:06.440 --> 01:43:11.440]  Is there a consequence to violating the consent order?
[01:43:11.440 --> 01:43:25.440]  Well, they didn't specify what would be the penalty if they did not adhere to the consent order.
[01:43:25.440 --> 01:43:31.440]  Nowhere in there did they say what the penalty would be if they failed to comply.
[01:43:31.440 --> 01:43:36.440]  Just instructions that they will comply, period.
[01:43:36.440 --> 01:43:44.440]  When you come back from break, I'm going to ask, does the consent order carry the weight of law?
[01:43:44.440 --> 01:43:46.440]  Probably I will be able to give you the best answer.
[01:43:46.440 --> 01:43:47.440]  I'll answer it.
[01:43:47.440 --> 01:43:48.440]  Let's get to doing that.
[01:43:48.440 --> 01:43:49.440]  Come back.
[01:43:49.440 --> 01:43:50.440]  Randy Kelton, you have my radio.
[01:43:50.440 --> 01:43:54.440]  I call it number 512-646-1984.
[01:43:54.440 --> 01:43:59.440]  We'll be right back.
[01:43:59.440 --> 01:44:03.440]  You feel tired when talking about important topics like money and politics?
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[01:45:00.440 --> 01:45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.440 --> 01:46:43.440]  We are back, we're in Felton.
[01:46:43.440 --> 01:46:58.440]  We have a consent order here, and for the most part it collects fines and fees.
[01:46:58.440 --> 01:47:10.440]  But along with the fines and fees, it has an agreement that we won't be bad boys, we'll be nice, and we'll do these things in the future.
[01:47:10.440 --> 01:47:31.440]  Does that carry any legal weight, and is there any remedy if we are subsequent to this consent order, subject to the behavior that the entity consented not to do?
[01:47:31.440 --> 01:47:45.440]  All right, to answer your question directly, I don't know, but at the same time it seems to me that you should be able to use it.
[01:47:45.440 --> 01:48:04.440]  I'm trying to figure out how. Apparently, if there's no subsequent penalty for future violations, then the consent order doesn't provide us with a remedy.
[01:48:04.440 --> 01:48:27.440]  But I would think that the consent order would establish the existence, or at least a probable cause, to believe that the lender has perpetrated or participated in these kinds of behaviors in the past.
[01:48:27.440 --> 01:48:54.440]  And therefore establish prima facie evidence, or at least bolster prima facie evidence, where facts that don't necessarily prove bad behavior, but imply bad behavior, would be given much more credence because of the admission to previous bad behavior.
[01:48:54.440 --> 01:48:57.440]  Did that make any sense to you?
[01:48:57.440 --> 01:49:08.440]  Yeah, I think it would also go to the trustworthiness of their statements, or their allegations.
[01:49:08.440 --> 01:49:18.440]  So where a statement is made under oath, normally that statement would be accepted as true.
[01:49:18.440 --> 01:49:20.440]  Right.
[01:49:20.440 --> 01:49:46.440]  I guess what your listening audience needs to wrap their hands around and understand is that the plaintiff is always given the presumption of being accurate and correct.
[01:49:46.440 --> 01:49:51.440]  And everything is accepted prima facially true.
[01:49:51.440 --> 01:49:52.440]  Right.
[01:49:52.440 --> 01:49:54.440]  Until challenged.
[01:49:54.440 --> 01:50:04.440]  Until challenged. So the prosecution, whoever is the plaintiff, is given that presumption automatically.
[01:50:04.440 --> 01:50:30.440]  And we have a case in California that goes to foreclosure, but it goes to this issue, the Jenkins case, where if you listen to foreclosure stuff, you've heard the arguments that on an assignment of the security instrument, that's between the previous holder of the security instrument and the entity to whom it's transferred.
[01:50:30.440 --> 01:50:35.440]  The courts have said, you can't challenge that, you don't have standard.
[01:50:35.440 --> 01:50:46.440]  But what he really said was, is you can't just make a bald statement that the assignment is not valid.
[01:50:46.440 --> 01:50:58.440]  You can't use that as a fishing expedition to then be able to go in and ask for discovery and find out if your belief is true or not.
[01:50:58.440 --> 01:51:02.440]  You have to make that based on facts.
[01:51:02.440 --> 01:51:14.440]  So I come into the court and the plaintiff lenders debt collector brings in an affidavit.
[01:51:14.440 --> 01:51:20.440]  The court would tend to accept that affidavit as true on its face.
[01:51:20.440 --> 01:51:28.440]  And I come in and say, oh, no, Your Honor, I don't believe that. And the court is going to say, so what?
[01:51:28.440 --> 01:51:43.440]  And if I don't have evidence to show that that's not true, but I don't believe it's true, what Jenkins says is I don't have standing to challenge that statement just because I don't believe it's true.
[01:51:43.440 --> 01:51:50.440]  Using the consent order, I can come in and say, yeah, Your Honor, I don't believe that.
[01:51:50.440 --> 01:51:59.440]  Based on the practices stipulated to by this consent order.
[01:51:59.440 --> 01:52:08.440]  Here, the debt collector has stipulated that he committed these kinds of behaviors.
[01:52:08.440 --> 01:52:16.440]  So therefore, his statement of this affidavit cannot be accepted on its face.
[01:52:16.440 --> 01:52:23.440]  And this gives me evidence to ask him to prove it up.
[01:52:23.440 --> 01:52:25.440]  Does that make sense?
[01:52:25.440 --> 01:52:29.440]  Yeah, it does.
[01:52:29.440 --> 01:52:35.440]  I'm struggling to find a good way to use it.
[01:52:35.440 --> 01:52:51.440]  Give him more stuff. Well, if I can, I'd like to point you in the direction of another case that I had mentioned earlier on that goes to the same topic and involves one of the same players, asset acceptance.
[01:52:51.440 --> 01:53:06.440]  And that's the case of CUNE, K-U-H-N, versus asset acceptance. And they filed for numerous FDCBA violations having to do with false and deceptive means and attempting to collect the debt.
[01:53:06.440 --> 01:53:22.440]  They also get into having purchased data sheets as opposed to debt accounts. And they also include a RICO accusation in their complaint.
[01:53:22.440 --> 01:53:25.440]  This one didn't have RICO in it, did it?
[01:53:25.440 --> 01:53:28.440]  No, no, it wouldn't. No, it wouldn't.
[01:53:28.440 --> 01:53:40.440]  They would not touch RICO with a 10-foot pole. But first off, they're not in a position to do RICO. That would have to go over to the DOJ.
[01:53:40.440 --> 01:53:52.440]  Okay. I did notice some of the verbiage was exactly the same in addressing the evidence of the debt as a data sheet.
[01:53:52.440 --> 01:54:04.440]  Okay. Well, what I want to do is I want to read to you an excerpt out of the RICO section of CUNE versus asset acceptance, if I may.
[01:54:04.440 --> 01:54:07.440]  Absolutely.
[01:54:07.440 --> 01:54:24.440]  Since September 2002 and continuing to the present, each RICO defendant has conducted, participated in, engaged in, and operated and managed the affairs of the law firm enterprise
[01:54:24.440 --> 01:54:39.440]  through a pattern of racketeering activity within the meaning of 18 U.S.C., 1961 Perin 1, 1961 Perin 5, 1962 Perin C.
[01:54:39.440 --> 01:54:56.440]  Each RICO defendant's pattern of racketeering activity consists of the acts of mail and wire fraud, interstate transportation of stolen property, and extortion.
[01:54:56.440 --> 01:55:15.440]  Now, the RICO charges were leveled against Encore Asset Acceptance, ACC, LACRS, and LRS, as well as the Debt Collection Agency Enterprise
[01:55:15.440 --> 01:55:35.440]  and the law firm enterprise, which includes all the debt collection agencies that asset acceptance, whose services they retained, and all the law firms whose services they retained.
[01:55:35.440 --> 01:55:37.440]  That's scary business.
[01:55:37.440 --> 01:55:39.440]  Say again, sir.
[01:55:39.440 --> 01:55:41.440]  Say again, sir.
[01:55:41.440 --> 01:55:47.440]  I'd say if you're one of the lawyers that work for these firms, that's scary business.
[01:55:47.440 --> 01:55:51.440]  Yeah.
[01:55:51.440 --> 01:55:56.440]  Not only can you lose your bar card, you can go to prison.
[01:55:56.440 --> 01:56:14.440]  Well, I don't know that that's necessarily so, at least not immediately, because if the jury does find civil RICO, find them guilty of civil RICO,
[01:56:14.440 --> 01:56:23.440]  then the judge is duty-bound to forward the information to the U.S. attorney for investigation and possible prosecution.
[01:56:23.440 --> 01:56:28.440]  So yes, it could actually lead to jail time.
[01:56:28.440 --> 01:56:34.440]  And this is what I have found with corrupt, at least corrupt officials.
[01:56:34.440 --> 01:56:39.440]  The more corrupt an official is, the more frightened he is.
[01:56:39.440 --> 01:56:52.440]  And if these lawyers have been participating in improper practices, the RICO suits are going to terrify them, because they're not judges or prosecutors.
[01:56:52.440 --> 01:56:57.440]  They'll get thrown under the bus in a heartbeat.
[01:56:57.440 --> 01:56:59.440]  Yes, thank you.
[01:56:59.440 --> 01:57:02.440]  How old was this Kuhn case?
[01:57:02.440 --> 01:57:09.440]  This Kuhn case was pretty recent, wasn't it?
[01:57:09.440 --> 01:57:11.440]  I'm sorry, did you ask me a question?
[01:57:11.440 --> 01:57:12.440]  Yeah.
[01:57:12.440 --> 01:57:15.440]  How old is the Kuhn case?
[01:57:15.440 --> 01:57:21.440]  Well, the Kuhn case is approximately a year and a half old.
[01:57:21.440 --> 01:57:39.440]  I read to you from the complaint, I read it from the amended complaint, and that was filed somewhere around June of 2014.
[01:57:39.440 --> 01:57:44.440]  Okay, so it's still relatively early in the process.
[01:57:44.440 --> 01:57:56.440]  Wait a moment, their answer was not filed until or approximately June of 2015.
[01:57:56.440 --> 01:57:57.440]  Wow.
[01:57:57.440 --> 01:58:09.440]  The amended complaint is the 55th document or 56th document in the file docket.
[01:58:09.440 --> 01:58:15.440]  The answer is the 95th document in the file docket.
[01:58:15.440 --> 01:58:17.440]  Wow, you've got a lot of lawyers here.
[01:58:17.440 --> 01:58:20.440]  They are fighting this for everything they're worth.
[01:58:20.440 --> 01:58:22.440]  Because they're terrified.
[01:58:22.440 --> 01:58:23.440]  We are out of time.
[01:58:23.440 --> 01:58:26.440]  This is Randy Kelton, rule of law radio.
[01:58:26.440 --> 01:58:30.440]  Thank you very much, Jeff, for sitting in with us.
[01:58:30.440 --> 01:58:32.440]  We'll be back next Thursday.
[01:58:32.440 --> 01:58:36.440]  Sorry about last Thursday, we had some technical issues.
[01:58:36.440 --> 01:58:40.440]  We'll be live next Thursday, 8 o'clock Central.
[01:58:40.440 --> 01:58:44.440]  We'll be back next Friday for a four-hour info marathon.
[01:58:44.440 --> 01:58:50.440]  Thank you all for listening and good night.
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