ROL_2019-09-20_16k_Hr3-4.timecode

[00:00.000 --> 00:06.880]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.880 --> 00:13.680]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429.00, Silver
[00:13.680 --> 00:24.280]  $16.45.00, Copper $2.75.00, Oil, Texas Crew $55.63.00, Brent Crew $62.47.00, and Cryptos
[00:24.280 --> 00:35.240]  and Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin
[00:35.240 --> 00:42.640]  $100.31, and Bitcoin Cash is at $324.10, a crypto coin.
[00:42.640 --> 00:52.560]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.560 --> 00:57.880]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.880 --> 01:04.880]  10 and injuring 40 today in history.
[01:04.880 --> 01:09.600]  And recent news, since the Governor Greg Abbott signed House Bill 1325 legalizing heaven to
[01:09.600 --> 01:14.200]  tax his law back in June, county prosecutors around the state, including Houston, Austin
[01:14.200 --> 01:18.200]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.200 --> 01:22.400]  new ones since they are stipulating that they do not have the time or the laboratory
[01:22.400 --> 01:24.960]  equipment to test the herb for THC.
[01:24.960 --> 01:28.560]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.560 --> 01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.160 --> 01:34.160]  law.
[01:34.160 --> 01:37.720]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.720 --> 01:42.240]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.240 --> 01:48.400]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.400 --> 01:54.640]  well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.640 --> 01:59.120]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.120 --> 02:01.920]  prosecution of marijuana cases in El Paso.
[02:01.920 --> 02:06.920]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.920 --> 02:10.880]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.880 --> 02:13.600]  something illegal based on its chemical makeup.
[02:13.600 --> 02:17.520]  It's important that if someone is charged with something, the test matches what they're
[02:17.520 --> 02:22.720]  charged with.
[02:22.720 --> 02:27.320]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.320 --> 02:32.440]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.440 --> 02:38.080]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.080 --> 02:39.580]  Pacific Ocean.
[02:39.580 --> 02:43.880]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.880 --> 02:50.160]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.160 --> 03:19.760]  world.
[03:20.160 --> 03:33.600]  Okay, we are back, Randy Kelton, Brett Stouton, real-world radio, and we got an old friend
[03:33.600 --> 03:34.600]  up here.
[03:34.600 --> 03:41.960]  When I say old, I mean old, he is so old, he's nearly as old as I am.
[03:41.960 --> 03:46.320]  And I got dirt in my front yard that's not as old as I am.
[03:46.320 --> 03:48.880]  David, say hello to everybody.
[03:48.880 --> 03:49.880]  Hello, Randy.
[03:49.880 --> 03:53.880]  This is David Lewis at Austin, how's everyone doing?
[03:53.880 --> 03:55.880]  Good to talk to you again.
[03:55.880 --> 03:59.000]  Yeah, and we're going to go to David in a little bit.
[03:59.000 --> 04:00.760]  He does taxes, you know.
[04:00.760 --> 04:07.120]  Whenever I have somebody call me about taxes, I send them to David.
[04:07.120 --> 04:10.360]  What David says, never fight with the tax man.
[04:10.360 --> 04:15.400]  Give the tax man what he wants, he'll go away and leave you alone.
[04:15.400 --> 04:21.400]  But let me finish up with our callers and we're going to want to go to David.
[04:21.400 --> 04:28.920]  Okay, jury in Pennsylvania, you're having a lot of fun through the municipality.
[04:28.920 --> 04:36.840]  Yeah, just to tell me that he's prosecuting me, can I follow him, I'll practice through
[04:36.840 --> 04:41.320]  it against him, and then can I do him?
[04:41.320 --> 04:46.080]  Wait, I had trouble understanding that.
[04:46.080 --> 04:54.200]  The city attorney that keeps prosecuting me, can I follow now, practice through it against
[04:54.200 --> 04:57.600]  him, and then can I do him?
[04:57.600 --> 05:02.640]  Yeah, and see, a prosecutor has immunity.
[05:02.640 --> 05:06.160]  Yeah, but he's not a prosecutor.
[05:06.160 --> 05:16.240]  Unless, unless the prosecutor gives legal advice to a public official, then he's a lawyer
[05:16.240 --> 05:19.280]  for the public official and he doesn't have any immunity.
[05:19.280 --> 05:27.280]  A lawyer who is representing a client, which happens to be the city, doesn't have any immunity.
[05:27.280 --> 05:36.400]  He's just a lawyer client.
[05:36.400 --> 05:38.920]  He's the city attorney.
[05:38.920 --> 05:49.000]  The attorney, if he's acting as a prosecutor in like a municipal court or in prosecuting
[05:49.000 --> 05:58.120]  a ordinance violation, then he has immunity, but if the city's been sued and he is representing
[05:58.120 --> 06:03.440]  the suit, he has no immunity.
[06:03.440 --> 06:05.440]  So I can sue him then?
[06:05.440 --> 06:06.440]  Yeah.
[06:06.440 --> 06:07.440]  Oh, okay.
[06:07.440 --> 06:08.440]  Oh, how about the mayor?
[06:08.440 --> 06:13.440]  Could I go all the way up to the mayor and sue him?
[06:13.440 --> 06:17.560]  Oh yeah, mayor is just fun to get superior.
[06:17.560 --> 06:22.720]  Okay, so I can sue both of them, the city attorney and the mayor.
[06:22.720 --> 06:24.200]  Technically you can sue anybody.
[06:24.200 --> 06:29.040]  Oh yeah, but I want to see how far I can get with it.
[06:29.040 --> 06:31.320]  Yeah, yeah, that's the deal.
[06:31.320 --> 06:36.200]  The courts, when you go after public officials, they want to protect the public official,
[06:36.200 --> 06:41.280]  so they'll want to throw it out, but you got all of these things you can do to them.
[06:41.280 --> 06:49.360]  If you're doing this to get their attention or to get experience in the courts, then it's
[06:49.360 --> 06:52.360]  a great place to do it.
[06:52.360 --> 06:54.360]  Oh, okay.
[06:54.360 --> 07:00.360]  All right, well, that was about it, Randy.
[07:00.360 --> 07:02.840]  Okay, thank you, Jerry.
[07:02.840 --> 07:07.720]  Okay, now we're going to go to David.
[07:07.720 --> 07:08.720]  David?
[07:08.720 --> 07:10.920]  I've understand that, Randy.
[07:10.920 --> 07:17.400]  You've been going to college for quite a while, you're in your last courses.
[07:17.400 --> 07:21.480]  When you get out, when you get this finished, what are you going to do?
[07:21.480 --> 07:23.480]  What are you going to provide services-wise?
[07:23.480 --> 07:32.200]  Well, I'm either going to start teaching income tax or no income tax law classes, or I'm going
[07:32.200 --> 07:38.640]  to law school and harass them with a license.
[07:38.640 --> 07:42.000]  I don't know how long I'll live.
[07:42.000 --> 07:47.520]  I just see David as a lawyer, oh, disaster.
[07:47.520 --> 07:57.160]  Oh, gosh, I wonder how short that license would last.
[07:57.160 --> 08:01.280]  That license is probably about as short as you're fused.
[08:01.280 --> 08:05.000]  There you go.
[08:05.000 --> 08:08.720]  So, tell us about-
[08:08.720 --> 08:13.720]  Okay, get many calls on income tax.
[08:13.720 --> 08:15.120]  Yeah.
[08:15.120 --> 08:23.920]  How do I, what do I need to know about income tax to keep me from getting in trouble?
[08:23.920 --> 08:30.840]  The main thing that you need to know, what I tell everybody is the first thing is keep
[08:30.840 --> 08:36.520]  every receipt you touch from now on, just get you know, cigar box or FedEx box and just
[08:36.520 --> 08:40.240]  keep them, whether it's a bad taste in your mouth or not.
[08:40.240 --> 08:45.480]  So many people throw away all their receipts and then they end up with tax problems in
[08:45.480 --> 08:46.480]  their son.
[08:46.480 --> 08:49.120]  So, keep every receipt you touch.
[08:49.120 --> 08:55.920]  The second thing is the biggest deduction people get off of income taxes is for mileage.
[08:55.920 --> 09:03.800]  So, I tell people on the first day of the year, first of the year, go down to Walmart
[09:03.800 --> 09:07.560]  buy a tire, buy a battery or go get an oil change.
[09:07.560 --> 09:13.440]  On the last day of the year, go somewhere and have your tires rotated or something and
[09:13.440 --> 09:14.960]  or get an oil change.
[09:14.960 --> 09:19.000]  And the main thing is these are places that will write the mileage in your car on the
[09:19.000 --> 09:21.720]  receipts you've got.
[09:21.720 --> 09:26.960]  You know, I go, I've been studying tax law for 50 years, I go into IRS now and I handle
[09:26.960 --> 09:27.960]  audit.
[09:27.960 --> 09:28.960]  I always win.
[09:28.960 --> 09:35.440]  I have a 100% win ratio of audits in IRS just because I set the people up and show them
[09:35.440 --> 09:38.640]  how to be ready to go into the audit.
[09:38.640 --> 09:43.040]  You can't walk in there with a box full of receipts and say, here's my stuff, you just
[09:43.040 --> 09:45.960]  can't do that, you got to organize it and be ready.
[09:45.960 --> 09:52.360]  And if you have a receipt from Walmart or a quick lose place from the first of the year
[09:52.360 --> 09:57.400]  and the last of the year on every car you've got, that's going to have your mileage for
[09:57.400 --> 09:59.680]  the whole year and they will take that.
[09:59.680 --> 10:05.640]  Then it's just a matter of breaking it down into how much you claim for your business,
[10:05.640 --> 10:07.520]  how much you need, how much you don't need.
[10:07.520 --> 10:12.840]  I have a lot of people that drive 20,000 to 30,000 miles that they don't need but maybe
[10:12.840 --> 10:14.840]  10 or 20.
[10:14.840 --> 10:20.400]  You get 55 cents a mile for mileage, so good grief.
[10:20.400 --> 10:26.400]  If you need $10,000 in deductions, you claim 20,000 miles, you know, it's that simple.
[10:26.400 --> 10:35.040]  One thing, I put together a generic tax return that I send out to people and what I did was
[10:35.040 --> 10:36.400]  just pull the figure out there.
[10:36.400 --> 10:43.080]  I said, okay, it's a family of three making $50,000 a year.
[10:43.080 --> 10:50.400]  And I showed how to take that $50,000 a year with a two-page tax return and that's a 1040,
[10:50.400 --> 10:56.520]  the front page on everyone's return and a Schedule C which is a profit or loss from business.
[10:56.520 --> 10:59.800]  That's how all the big boys make their money.
[10:59.800 --> 11:03.560]  They claim a business of some sort and everybody has a business.
[11:03.560 --> 11:06.880]  They may not know it but they have one.
[11:06.880 --> 11:10.840]  Everyone gets up in the morning saying, how can I make a little extra money today?
[11:10.840 --> 11:14.440]  Maybe make some little extra money here, there and younger throughout the month, throughout
[11:14.440 --> 11:19.280]  the year and you might not know it but that's a business that gives you all the deductions
[11:19.280 --> 11:24.080]  that big boys get and you can claim those deductions and the majority of the time it
[11:24.080 --> 11:31.720]  will put you in a position where you pay zero taxes and it's from the money you would spend
[11:31.720 --> 11:33.280]  anyway every day.
[11:33.280 --> 11:37.360]  So if you just get ahead and have it and keep it and receive it, even if you don't know
[11:37.360 --> 11:42.560]  what they're for, they will save you from paying any taxes and it's just a matter of
[11:42.560 --> 11:43.560]  like I teach.
[11:43.560 --> 11:50.280]  I teach people how to think in terms of having their own business, taking the business deductions
[11:50.280 --> 11:56.120]  and keeping track of whatever they spend and put it into business categories.
[11:56.120 --> 12:01.680]  Most of the majority of the time IRS will never check what you did, period.
[12:01.680 --> 12:06.600]  That's the biggest thing that you can do and I send this tax return after anybody that
[12:06.600 --> 12:09.320]  wants it just in general.
[12:09.320 --> 12:16.440]  Now I thought when I did that that a $50,000 income would be a good average to use.
[12:16.440 --> 12:22.120]  What I've found out is if someone makes $100,000 they can double all the figures on this thing
[12:22.120 --> 12:30.520]  and get an example of how to do a simple tax return and still pay zero taxes.
[12:30.520 --> 12:37.480]  If anybody would like a copy of this, send me an email, I'll forward it to David.
[12:37.480 --> 12:38.480]  There you go.
[12:38.480 --> 12:44.080]  I'll send him a copy of that tax return.
[12:44.080 --> 12:46.640]  And no more fighting with the IRS.
[12:46.640 --> 12:49.600]  No, you don't fight with me.
[12:49.600 --> 12:52.360]  You can't even hardly get ahold of IRS anymore.
[12:52.360 --> 12:57.720]  I went to the office here in Austin and I was telling some people that last time I went
[12:57.720 --> 13:02.680]  out there there was 11 windows, two or three people waiting at every window and about 30
[13:02.680 --> 13:06.080]  people in line to talk to them.
[13:06.080 --> 13:10.760]  When I took Larry from here in Austin and we sent an appointment and went out to IRS,
[13:10.760 --> 13:13.680]  the office was like a ghost town.
[13:13.680 --> 13:15.920]  There was nobody there.
[13:15.920 --> 13:19.400]  There was a one security guard.
[13:19.400 --> 13:21.800]  Me and Larry were the only ones in line.
[13:21.800 --> 13:27.960]  There was a little receptionist sitting there and a 70-year-old black woman sitting next
[13:27.960 --> 13:29.200]  to her.
[13:29.200 --> 13:32.320]  And I was looking around going, where is everybody at?
[13:32.320 --> 13:34.720]  And we went in and the receptionist said, how can I help you?
[13:34.720 --> 13:37.800]  I said, you know, this man's getting letters from you guys.
[13:37.800 --> 13:44.080]  They ended up, he owes $5,000 for 2003 and he didn't even file that year.
[13:44.080 --> 13:46.120]  And we could have called in, called in.
[13:46.120 --> 13:50.600]  We can't find out how much money you claim he makes.
[13:50.600 --> 13:57.200]  And I said, can you look up what kind of money way in the 70-year-old black woman says, yeah,
[13:57.200 --> 13:58.200]  I can figure that out.
[13:58.200 --> 13:59.200]  Hang on.
[13:59.200 --> 14:02.240]  She goes over to the computer, da, da, da, da, da, pulls it up and says, yeah, I got
[14:02.240 --> 14:03.240]  transcripts here.
[14:03.240 --> 14:04.240]  He made $12,532.16.
[14:04.240 --> 14:08.920]  I said, that's all I needed to know.
[14:08.920 --> 14:12.680]  All I needed was the figure and nobody has been able to give us to it.
[14:12.680 --> 14:20.800]  Larry outran this IRS tax deal for 15 years and didn't know where it came from.
[14:20.800 --> 14:26.400]  And let me tell you how he got saddled with that and a lot of people will relate to this.
[14:26.400 --> 14:28.720]  Larry is a contractor here in Austin.
[14:28.720 --> 14:31.360]  He goes and does work on people's houses.
[14:31.360 --> 14:39.640]  Well, back in 2003, Larry did, gave a bid to a woman to fix up her house on what it
[14:39.640 --> 14:40.640]  was.
[14:40.640 --> 14:43.640]  Her internal or something, water damage, I don't know.
[14:43.640 --> 14:49.920]  Anyway, he was working and sent all state insurance, the bill, and they sent him a check
[14:49.920 --> 14:52.600]  for $12,500 and whatever.
[14:52.600 --> 14:57.160]  Well, you know Larry, he's a good-hearted old soul.
[14:57.160 --> 14:59.120]  He takes the check.
[14:59.120 --> 15:05.800]  The check, by the way, was sent to Larry, made out to Larry and the homeowner.
[15:05.800 --> 15:08.480]  Larry goes over to the homeowner and said, hey, I got you checked.
[15:08.480 --> 15:09.480]  Here we go.
[15:09.480 --> 15:14.520]  Larry signs the check and gives it to the homeowner, says, when do you want me to start
[15:14.520 --> 15:16.000]  working on the house?
[15:16.000 --> 15:18.000]  The homeowner says, next week.
[15:18.000 --> 15:24.640]  Well, when Larry gave them the check, over the weekend, they deposited and sent the check
[15:24.640 --> 15:26.520]  and then fired Larry.
[15:26.520 --> 15:33.920]  Good God, Larry says, they just got someone else to do the work.
[15:33.920 --> 15:39.480]  And I said, well, how much did you put on your income taxes?
[15:39.480 --> 15:41.440]  He said, I didn't even file that year.
[15:41.440 --> 15:43.160]  Well, this is what happened.
[15:43.160 --> 15:50.760]  This is what gets people into trouble is all state insurance sent the check to Larry.
[15:50.760 --> 15:53.120]  Larry signed it and gave it to the homeowner.
[15:53.120 --> 16:00.280]  The homeowner spent it and Larry didn't get a dime out of it, but all state insurance
[16:00.280 --> 16:07.640]  did a $10.99 on Larry showing he was the one that gave the income to him.
[16:07.640 --> 16:15.720]  So IRS sent Larry a letter and say, hey, we show that you've made $12,500.
[16:15.720 --> 16:21.200]  You need to file a tax return and pay your taxes on it.
[16:21.200 --> 16:26.200]  Now the funny part about this, anyone that deals with taxes very much, like whenever
[16:26.200 --> 16:31.640]  I was IRS, I told the woman, I said $12,500 Larry doesn't know any taxes on that.
[16:31.640 --> 16:38.120]  You know that even in 2003, hang on, David, hang on, David, about to go to break.
[16:38.120 --> 17:04.080]  This is Randy Kelton, Brett Steeve, Brett Fountain, we'll be right back.
[17:04.080 --> 17:09.600]  That's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central
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[18:26.240 --> 18:30.240]  A. Craig in conjunction with Rule of Law Radio has put together the most comprehensive teaching
[18:30.240 --> 18:34.080]  tool available that will help you understand what due process is and how to hold courts
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[19:24.180 --> 19:29.180]  You know what I mean? My friend and all our judges in the club.
[19:29.180 --> 19:34.180]  Those things got me free. Telling you a problem every day.
[19:34.180 --> 19:40.180]  Calling is made once again. Every day you know you will stay in.
[19:40.180 --> 19:44.180]  Those things got me free.
[19:44.180 --> 19:48.180]  Okay, we are back. Brandy Colton.
[19:48.180 --> 19:53.180]  I still want to say Brett Stevens. Brett Fountain.
[19:53.180 --> 20:00.180]  We live on radio and we are talking to David in Texas about taxes.
[20:00.180 --> 20:03.180]  Go ahead, David.
[20:03.180 --> 20:05.180]  Okay, Randy.
[20:05.180 --> 20:11.180]  One of the things that surprises people, and I was just reminded about this by Brett,
[20:11.180 --> 20:15.180]  is I used to meet taxes and help people with taxes in there,
[20:15.180 --> 20:19.180]  but nowadays you are not dealing with a person anymore.
[20:19.180 --> 20:25.180]  You are dealing with a computer. You have got to put the numbers on that tax form
[20:25.180 --> 20:30.180]  that fits what they are looking for and it beats their system
[20:30.180 --> 20:36.180]  and the computer will just add them up and if they add up right half the time you win right there.
[20:36.180 --> 20:41.180]  They don't care about it. You can't put any notes on the side or notes on the margin.
[20:41.180 --> 20:44.180]  They don't read any of that stuff. So you are dealing with a computer
[20:44.180 --> 20:49.180]  and as soon as you figure out how to talk to the computer, you have a much better chance
[20:49.180 --> 20:54.180]  of beating them right on that tax return.
[20:54.180 --> 20:57.180]  Now, I was talking a while ago about this friend of mine, Larry,
[20:57.180 --> 21:04.180]  that all of a sudden got saddled with a $12,500 income that he never had,
[21:04.180 --> 21:08.180]  didn't get a dime of and when I talked to IRS about it,
[21:08.180 --> 21:12.180]  they said that since this insurance company had sent him the check,
[21:12.180 --> 21:20.180]  they sent him a 1099 on that check saying that was his income for 2003, $12,500.
[21:20.180 --> 21:26.180]  Well, Larry said, I didn't even file that year and they said that doesn't make any difference
[21:26.180 --> 21:31.180]  and this is the timeline of what IRS does.
[21:31.180 --> 21:38.180]  If you file a tax return, if you are filing a tax return for 2003,
[21:38.180 --> 21:44.180]  you can file it the next year on April 15th of 2004.
[21:44.180 --> 21:48.180]  Now then what happens is if there is a mistake on it,
[21:48.180 --> 21:53.180]  nation or block screws, you over likely do everybody I deal with,
[21:53.180 --> 21:58.180]  then you have three years to correct that tax return
[21:58.180 --> 22:03.180]  and put the correct figures in it because of bad information you got from somebody.
[22:03.180 --> 22:13.180]  So instead of 2004 to April 15th, you have until April 15th of 2007,
[22:13.180 --> 22:15.180]  three years later to correct it.
[22:15.180 --> 22:18.180]  Now then if IRS knows that you owe some money,
[22:18.180 --> 22:23.180]  like if you took some money out of a 401k or you took some retirement money down
[22:23.180 --> 22:28.180]  or you took some stock or bought or sold some stock or sold a house and made a profit,
[22:28.180 --> 22:31.180]  something that's tied to your social security number,
[22:31.180 --> 22:35.180]  if IRS knows that you did it, they just call that income.
[22:35.180 --> 22:41.180]  They don't care where it came from and if you haven't filed the tax return
[22:41.180 --> 22:45.180]  or a correction by that three years after the due date,
[22:45.180 --> 22:50.180]  in this case April 15th of 2007,
[22:50.180 --> 22:52.180]  then they send you a nasty letter and say,
[22:52.180 --> 22:58.180]  hey, you made $12,000, you didn't file your tax return,
[22:58.180 --> 23:01.180]  so we're going to file one for you.
[23:01.180 --> 23:10.180]  So IRS takes that gross figure $12,500 or whatever it might be that you do out of a retirement fund
[23:10.180 --> 23:18.180]  and they actually file a tax return for you giving you no deductions.
[23:18.180 --> 23:27.180]  And immediately you owe money for social security or income tax with nothing to offset it.
[23:27.180 --> 23:32.180]  Whenever Larry and I were in IRS talking to him and I said,
[23:32.180 --> 23:37.180]  you've just got him making $12,000, that's not enough for him to even pay taxes on.
[23:37.180 --> 23:40.180]  And the woman told me, yes, that's right.
[23:40.180 --> 23:43.180]  But since he didn't file and give us any deductions,
[23:43.180 --> 23:52.180]  that $12,000 does owe $2,000 in social security.
[23:52.180 --> 23:58.180]  So they started filing penalties and interest on the social security debt
[23:58.180 --> 24:07.180]  and he outran that for 15 years and then he retired at 62, started growing social security
[24:07.180 --> 24:13.180]  and now then all of a sudden they started taking $105 a month out of his social security check
[24:13.180 --> 24:19.180]  and it was only like $700 or something, but they were taking one seventh of it.
[24:19.180 --> 24:22.180]  They were taking $105.
[24:22.180 --> 24:29.180]  So I told the woman when she told me how much money he made, $12,500, what they said he made.
[24:29.180 --> 24:34.180]  I said, well, he didn't file, so what I'm going to do is I'm going to go back and get a 2003 tax return.
[24:34.180 --> 24:38.180]  I'm going to list this $12,500 as his total income.
[24:38.180 --> 24:49.180]  I'm going to show that he drove 10,000 miles and that will give him enough deductions to offset that income
[24:49.180 --> 24:55.180]  and he will end up getting a refund back of all the money they've withheld out of his social security check.
[24:55.180 --> 24:58.180]  She said, that's what you ought to do, do that.
[24:58.180 --> 25:00.180]  And not only will they have to give you the money back,
[25:00.180 --> 25:05.180]  they have to give you the penalties and interest that they've charged you up to this point.
[25:05.180 --> 25:08.180]  Well, that's exactly what we did.
[25:08.180 --> 25:10.180]  That's exactly what we did.
[25:10.180 --> 25:11.180]  We filed it.
[25:11.180 --> 25:16.180]  All of a sudden, I told Larry, take about six weeks, get checked back.
[25:16.180 --> 25:19.180]  He calls them and they said, yep, check's on the way, check's on the way.
[25:19.180 --> 25:25.180]  Well, you probably don't know Larry, but this is when he's got like a lot of the callers that call in and talk to Randy.
[25:25.180 --> 25:30.180]  Larry's got, he's going to call his congressman and Larry's got, he's going to call the IRS
[25:30.180 --> 25:34.180]  and he's going to call the people to write checks and where's my check?
[25:34.180 --> 25:37.180]  And they've got a, where's my check department?
[25:37.180 --> 25:44.180]  Larry called everyone on the sun, recorded all the phone calls, talked all the way to everybody on the talk.
[25:44.180 --> 25:51.180]  And after, and even got John Cornyn and the congressman down here to write IRS a nasty letter and start an investigation.
[25:51.180 --> 25:52.180]  Oh my God.
[25:52.180 --> 25:56.180]  And the next thing you know, Larry calls me and says, David, guess what?
[25:56.180 --> 25:58.180]  I got a check.
[25:58.180 --> 26:03.180]  I said, well, is it the $525 they withheld out of your social security?
[26:03.180 --> 26:06.180]  He said, no, it's got the penalties and interest on it.
[26:06.180 --> 26:10.180]  It's $865.69.
[26:10.180 --> 26:13.180]  I said, great, Larry, good deal.
[26:13.180 --> 26:18.180]  So he gets this check and he's tickled it out.
[26:18.180 --> 26:24.180]  Now he's been ducking IRS for 15 years on an amount of money that he did not even make.
[26:24.180 --> 26:29.180]  Didn't get a penny out of that, but that's how people end up getting into a mess.
[26:29.180 --> 26:37.180]  And that's how they get to own a lot of money because the IRS files for you if they know you've made money from some source,
[26:37.180 --> 26:41.180]  but you didn't actually file a return that year.
[26:41.180 --> 26:47.180]  So if you take money out of a retirement account, which automatically pays 10%, you have to pay 10% penalty,
[26:47.180 --> 26:50.180]  then they're going to call that whole thing as income, file for you,
[26:50.180 --> 26:54.180]  and they're going to put penalties and interest in and just get exorbitant.
[26:54.180 --> 27:02.180]  Now then, when you go back and file a tax return, if you show that you have $1 in refund coming,
[27:02.180 --> 27:10.180]  that wipes out all of the penalties and interest for the entire time that they have been putting the penalties and interest on you,
[27:10.180 --> 27:14.180]  and the computer will just zero it out right there.
[27:14.180 --> 27:18.180]  And so these are a few things that people don't know about a simple return.
[27:18.180 --> 27:25.180]  That's why I've got a simple return down to just two pages, a 1040 and a Schedule C, a property loss from business.
[27:25.180 --> 27:32.180]  And I teach people how to save in just those categories so you can set yourself up to eliminate any future audit
[27:32.180 --> 27:34.180]  and start keeping all your receipts.
[27:34.180 --> 27:35.180]  And it's just automatic.
[27:35.180 --> 27:45.180]  You can stay ahead of the game and do like the big boys do and the millionaires do and have enough deductions to offset any income.
[27:45.180 --> 27:46.180]  And there's a result.
[27:46.180 --> 27:48.180]  Pay zero taxes.
[27:48.180 --> 27:53.180]  One of the biggest problems I see is these kids working in these fast food restaurants, you know,
[27:53.180 --> 27:59.180]  they're trying to get them to make $15 an hour and they can't even figure out how to take an order in water burger.
[27:59.180 --> 28:02.180]  But these kids end up and don't even know it.
[28:02.180 --> 28:04.180]  None of them should be paying any taxes.
[28:04.180 --> 28:14.180]  But with the tax system set up, even though Trump did a good job of changing the tax code so it's much better for everybody,
[28:14.180 --> 28:21.180]  these kids are still paying $2,000, $3,000 and $4,000 a year in taxes and they don't make any money.
[28:21.180 --> 28:25.180]  And they don't know to file a return and get it back.
[28:25.180 --> 28:27.180]  And that's just what's happening.
[28:27.180 --> 28:33.180]  Unless they know someone that will teach them a little bit, like I do teach this stuff, they're just going to be stuck paying it forever
[28:33.180 --> 28:36.180]  and that's what gets a lot of people into trouble.
[28:36.180 --> 28:43.180]  Randy all stopped talking now but that's kind of the story of Larry and how he got into a mess and how we got him out of it 15 years later
[28:43.180 --> 28:46.180]  and he ended up getting his check for it.
[28:46.180 --> 28:49.180]  I remember that when it was going on.
[28:49.180 --> 28:51.180]  Yeah.
[28:51.180 --> 28:53.180]  That's quite a story and a lot of people get in there.
[28:53.180 --> 28:58.180]  I think Larry still owes us some, he still owes us some red beer over there.
[28:58.180 --> 29:00.180]  That's right, absolutely.
[29:00.180 --> 29:04.180]  And he'd be ready to pay off dude any minute I think.
[29:04.180 --> 29:16.180]  But for a long time, Dave's got lots of stories of people who had serious tax debt that you're able to get rid of.
[29:16.180 --> 29:17.180]  Absolutely.
[29:17.180 --> 29:20.180]  And in a way you're where you're not fighting with the IRS.
[29:20.180 --> 29:31.180]  So if any of you have tax issues, you don't hear me recommending people very often on this show and I'm very careful about who I referenced.
[29:31.180 --> 29:35.180]  But I wholeheartedly recommend David.
[29:35.180 --> 29:40.180]  Hang on David, we're about to break Randy Kelton, Brett Fountain with our radio.
[29:40.180 --> 29:45.180]  Our call in number 512-646-1984.
[29:45.180 --> 29:50.180]  We've got a pretty empty call board so if you have a question or a comment, give us a call.
[29:50.180 --> 30:03.180]  We'll be right back.
[30:03.180 --> 30:05.180]  Keep your voice down.
[30:05.180 --> 30:12.180]  The government now has Russian technology that matches identities to voices so it can tell who's doing the talking.
[30:12.180 --> 30:16.180]  I'm Dr. Catherine Albrecht, back to tell you how it works after this.
[30:16.180 --> 30:18.180]  Privacy is under attack.
[30:18.180 --> 30:22.180]  When you give up data about yourself, you'll never get it back again.
[30:22.180 --> 30:27.180]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.180 --> 30:32.180]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.180 --> 30:35.180]  Privacy, it's worth hanging on to.
[30:35.180 --> 30:42.180]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[30:42.180 --> 30:46.180]  Start over with StartPage.
[30:46.180 --> 30:54.180]  In 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother has gone crazy vacuuming up all of our data.
[30:54.180 --> 30:59.180]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[30:59.180 --> 31:06.180]  It's called Voice Grid Nation and it analyzes and identifies voices courtesy of Russia's Speech Technology Center.
[31:06.180 --> 31:12.180]  When authorities intercept a call, the speaker's voice is compared to millions of others like a fingerprint.
[31:12.180 --> 31:14.180]  How long does it take for a match?
[31:14.180 --> 31:15.180]  Three seconds.
[31:15.180 --> 31:18.180]  So watch what you say on the phone, comrades.
[31:18.180 --> 31:22.180]  Whether you say your name or not, Big Brother may know who's talking.
[31:22.180 --> 31:27.180]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[31:36.180 --> 31:39.180]  Most people don't know that a third tower fell on September 11.
[31:39.180 --> 31:44.180]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:44.180 --> 31:47.180]  The official explanation is that fire brought down Building 7.
[31:47.180 --> 31:53.180]  Over 1,200 architects and engineers have looked into the evidence and believed there is more to the story.
[31:53.180 --> 31:54.180]  Bring justice to my son.
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[31:57.180 --> 31:58.180]  Go to BuildingWhat.org.
[31:58.180 --> 31:59.180]  Why it fell?
[31:59.180 --> 32:01.180]  Why it matters as what you can do.
[32:01.180 --> 32:03.180]  Hey, it's Danny here for Hill Country Home Improvements.
[32:03.180 --> 32:06.180]  Did your home receive hail or wind damage from the recent storms?
[32:06.180 --> 32:11.180]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
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[32:15.180 --> 32:21.180]  That's why you have insurance and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
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[32:46.180 --> 32:51.180]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:51.180 --> 32:57.180]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:57.180 --> 32:59.180]  Discounts are based on full roof replacement.
[32:59.180 --> 33:09.180]  I mean, I actually be kidding about chemtrails.
[33:30.180 --> 33:37.180]  Okay, we are back. Randy Kelton, Brett Fountain, Rural Law Radio.
[33:37.180 --> 33:45.180]  And on the break, we were talking about something else that David is researching and studying, and that's administrative law.
[33:45.180 --> 33:54.180]  David, give us what you can about administrative law and what we need to know about it.
[33:54.180 --> 34:01.180]  Yes, yes, I'll let you in on what a little I've learned so far and what a little I know.
[34:01.180 --> 34:11.180]  In administrative law, it's like the EPA or it's like the ADA, America's Disabilities Act.
[34:11.180 --> 34:17.180]  Congress will come into play and they'll say, man, we need someone to look over our environment.
[34:17.180 --> 34:26.180]  And Congress will pass an agency, bring an agency into existence like the EPA, Environmental Protection Agency.
[34:26.180 --> 34:32.180]  And all of a sudden, they'll just kind of throw the ball to them and say, okay, you own environment.
[34:32.180 --> 34:42.180]  Well, all I knew was that in the American Disabilities Act, the ADA, all I know was I was driving,
[34:42.180 --> 34:47.180]  I had a broken leg one time and I went to the HEB store and I parked in a handicap spot,
[34:47.180 --> 34:54.180]  but I didn't have my handicap hanger and came back out and there was a ticket on my car for parking in a handicap spot.
[34:54.180 --> 35:03.180]  Well, I'm going, who did this? I rode in to the store on one of these electric cars, did my shopping, came back out.
[35:03.180 --> 35:15.180]  I didn't see any cop around anywhere, come to find out that the city had hired a bunch of disabled people to go out of the parking lots
[35:15.180 --> 35:21.180]  and all the grocery stores and gave them the authority to write tickets to anyone who was parked in a handicap spot
[35:21.180 --> 35:26.180]  but didn't have a hanging placard for handicap placard.
[35:26.180 --> 35:31.180]  Well, I had one, I just didn't have it with me and I fought that battle all the way up.
[35:31.180 --> 35:43.180]  And what happens is when the administrative agency is formed in Congress, they set up 12 board of directors and say,
[35:43.180 --> 35:48.180]  okay, you now are going to run the Americans with Disabilities Act.
[35:48.180 --> 35:57.180]  The act brings the agency into being and they are responsible for the regulations of what they want to enforce.
[35:57.180 --> 36:12.180]  Now, what people don't realize is this agency has the authority to write ridiculous of, they're not laws, they're procedures.
[36:12.180 --> 36:21.180]  And you've heard people talk about, you know, they have a piece of property and it rains and all of a sudden they've got a mud puddle
[36:21.180 --> 36:27.180]  out in their front yard and environmental protection agencies running out there calling it a wetland and regulating you
[36:27.180 --> 36:29.180]  and you can't do anything or they'll find you.
[36:29.180 --> 36:37.180]  Well, this is the kind of ridiculous stuff and power that these agencies have is they can basically write their own laws
[36:37.180 --> 36:48.180]  and I always thought they could write any law and it stuck until somebody sued them in court to keep them from having to enforce it.
[36:48.180 --> 37:00.180]  And what happens is I found out that they have to accept the bigger law that was brought into law by Congress.
[37:00.180 --> 37:04.180]  So that's where you go back to see if it's enforcement power or not.
[37:04.180 --> 37:12.180]  Now, they get to write a procedures manual and they enforce these procedures until they just get too crazy and they enforce it
[37:12.180 --> 37:22.180]  until to the point where it's just absolutely ridiculous and all common sense has gone out the window and someone sues them.
[37:22.180 --> 37:27.180]  And then it goes up and that's what I'm studying right now in an administrative law class.
[37:27.180 --> 37:36.180]  That lawsuit ends up going up to the agency, then it goes up to the federal court and then you can take it all the way up to the Supreme Court
[37:36.180 --> 37:41.180]  and they end up ruling on what the argument is.
[37:41.180 --> 37:51.180]  So if the argument comes down to being, I'm finding out in this class is that the administrative agency, EPA for instance,
[37:51.180 --> 37:58.180]  is saying, well, we have a procedures manual and our procedures manual says you can't do this.
[37:58.180 --> 38:07.180]  Well, if you go on to the Actional Environmental Protection Agency Act, the act may say you can do this.
[38:07.180 --> 38:17.180]  Their procedures manual cannot override the act and they're trying to enforce a procedure like its law,
[38:17.180 --> 38:25.180]  but they have to go by the Actional Environmental Protection Agency Act, Environmental Protection Act, which is the law.
[38:25.180 --> 38:27.180]  And that's what Congress passed.
[38:27.180 --> 38:33.180]  And that's where a bunch of these conflicts are getting is that they're trying to write their own laws and enforce them as laws.
[38:33.180 --> 38:37.180]  And what I'm finding in this class is that they're getting thrown out to Supreme Court.
[38:37.180 --> 38:42.180]  The field court and the Supreme Court's overturning them saying they don't have enforcement powers.
[38:42.180 --> 38:45.180]  They don't have the power to enforce it as a law.
[38:45.180 --> 38:50.180]  They can't enforce it as a procedure, but then they can't punish you.
[38:50.180 --> 38:54.180]  And the test is, does it affect your life right now?
[38:54.180 --> 38:57.180]  And is it going to affect your life in the future?
[38:57.180 --> 39:03.180]  And does it have a mandatory requirement that you do something different in the future?
[39:03.180 --> 39:07.180]  If that's the case, that's the effect of a law and they don't have authority to do that.
[39:07.180 --> 39:09.180]  But nobody knows that.
[39:09.180 --> 39:10.180]  I wouldn't have known it.
[39:10.180 --> 39:11.180]  It's great.
[39:11.180 --> 39:17.180]  I've been kicking around in this law business for 50 years and I had no idea that that was the fight,
[39:17.180 --> 39:22.180]  whether it was a law or just a procedure and what can be enforced and what cannot.
[39:22.180 --> 39:26.180]  So that's why I'm looking forward to finishing this class.
[39:26.180 --> 39:35.180]  Okay, David, are you speaking to CFRs?
[39:35.180 --> 39:44.180]  No, the Code of Federal Regulations is whenever the EPA, the Environmental Protection Act came into being,
[39:44.180 --> 39:50.180]  it has to be published and it's published in the Federal Register or CFR.
[39:50.180 --> 39:54.180]  That makes it able to have the impact of law.
[39:54.180 --> 40:02.180]  Now, when the Environmental Protection Agency or like the Bureau of Indian Affairs puts out a procedures manual,
[40:02.180 --> 40:08.180]  that procedures manual is only for procedures and it's not enforceable by law.
[40:08.180 --> 40:17.180]  So if they change what was actually in like the Americans for Disabilities Act and it's not in their Bureau of Indian Affairs procedures manual,
[40:17.180 --> 40:19.180]  they can't enforce that like a law.
[40:19.180 --> 40:21.180]  Let me give you an example.
[40:21.180 --> 40:27.180]  One of the Supreme Court cases we had this week was there was an Indian Reservation.
[40:27.180 --> 40:29.180]  The Indians lived on there.
[40:29.180 --> 40:33.180]  They were covered in Bureau of Indian Affairs and Americans Disabilities Act
[40:33.180 --> 40:39.180]  and they said that you can get welfare and federal benefits if you're living on the reservation.
[40:39.180 --> 40:48.180]  With this particular reservation, a family, there was a mine, a mining operation downtown 15 miles away from reservation
[40:48.180 --> 40:57.180]  and a man moved his wife and son downtown and they lived in a place called Indian Village that was 15 miles off the reservation.
[40:57.180 --> 41:01.180]  Well, they went into work mining and for a year or two the mine went under.
[41:01.180 --> 41:08.180]  He filed for disability benefits, I mean filed for welfare and unemployment benefits
[41:08.180 --> 41:12.180]  and the Bureau of Indian Affairs just turned him flat down so that you don't get it
[41:12.180 --> 41:19.180]  and our procedure manual says you must live on an Indian Reservation to get benefits
[41:19.180 --> 41:24.180]  and you have moved 15 miles off the reservation so you don't qualify for benefits.
[41:24.180 --> 41:34.180]  Well, he sued and come to find out that the actual ADA, American Disabilities Act which governs the Bureau of Indian Affairs
[41:34.180 --> 41:42.180]  says you do qualify, Indians qualify for these benefits if you live on or near the reservation
[41:42.180 --> 41:50.180]  and so that's where the Bureau of Indian Affairs printed their book and they went against what was in the actual law.
[41:50.180 --> 41:55.180]  They didn't put on or near like the law said and they never published that.
[41:55.180 --> 42:01.180]  One of the big things in the court case Randy is that they didn't publish it in the CFR.
[42:01.180 --> 42:05.180]  They didn't publish it in the federal regulations.
[42:05.180 --> 42:12.180]  All they did was write themselves the book, procedures, the way they wanted to perceive them and start enforcing it like a law.
[42:12.180 --> 42:18.180]  Well, it got overturned in the appellate court and the Supreme Court because it was not a law.
[42:18.180 --> 42:23.180]  It wasn't written exactly like the law said on or near the reservation.
[42:23.180 --> 42:32.180]  So that's kind of the closest I could explain the difference in the administrative law and how it has to have the power of actual law.
[42:32.180 --> 42:39.180]  It has to meet these requirements and be written into the law that is passed by Congress, not by an agency.
[42:39.180 --> 42:52.180]  Okay, this especially gets my interest because I recently took the Code of Federal Regulations for the Securities and Exchange Commission.
[42:52.180 --> 43:04.180]  Those regulations that go to three exemptions from filing with the SEC.
[43:04.180 --> 43:08.180]  Crowdfunding, regulation A and regulation D.
[43:08.180 --> 43:32.180]  I chose to do this as a proof of concept for my electronic lawyer program because it was a relatively focused area of law and the Code of Federal Regulations for the SEC has got to be the most complex, convoluted mess that I've ever come across.
[43:32.180 --> 43:44.180]  We're about to go to break. I'll pick this up on the other side, but I'm looking to sue the SEC to straighten out some of these issues with their Code of Federal Regulations.
[43:44.180 --> 44:00.180]  Hang on, Randy Kelton, Brett Fountain, Rural Law Radio, you're our special guest, David Lewis. We'll be right back.
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[45:00.180 --> 45:15.180]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
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[46:19.180 --> 46:33.180]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to our special guest, David Lewis, and we're talking about administrative law.
[46:33.180 --> 46:45.180]  This is interesting to me because of the difference between codes and codes of federal regulation.
[46:45.180 --> 47:03.180]  Codes of the law that the legislature passed, but they take these codes for specific applications like the SEC, the FCC, the EPA, and all these letter agencies that specialize in certain areas.
[47:03.180 --> 47:16.180]  They give them the law, the codes, and then they ask them to write a code of federal regulations that describes how the agency intends to enforce those codes.
[47:16.180 --> 47:24.180]  Well, I've looked at the SEC and I'm finding a very serious issue.
[47:24.180 --> 47:34.180]  The Student Exchange Commission are in a position to where they're essentially enforcing expo facto law.
[47:34.180 --> 47:41.180]  What they're able to do, I'm sorry expo facto is not right, depends in penalties.
[47:41.180 --> 48:00.180]  What they're able to do is go to someone's selling securities and say that we think you're doing something that's illegal and we're going to institute an investigation.
[48:00.180 --> 48:07.180]  And the first thing we do when we instituted an investigation is we shut your business down.
[48:07.180 --> 48:23.180]  We go to the, they have their own court, their own administrative court, and they go to that administrative court and get an order ordering the individual to cease and desist in all sales.
[48:23.180 --> 48:36.180]  So at the end of the day, doesn't matter if they're guilty or not guilty, if the SEC decides to institute an investigation, you're shut down.
[48:36.180 --> 48:43.180]  And if you fight them, that's going to take four to five years, you'll be shut down for 45 years.
[48:43.180 --> 48:46.180]  So even if you win, you lose.
[48:46.180 --> 48:52.180]  So what's happening is everybody makes a deal.
[48:52.180 --> 49:15.180]  It looks through the rulings of the SEC administrative court for the last 10 years, 10, 11 years, not one time has the administrative, the SEC administrative court ruled against the SEC, not one time.
[49:15.180 --> 49:19.180]  Somehow that doesn't seem right.
[49:19.180 --> 49:33.180]  Everybody makes a deal because if they don't make a deal and pay the SEC hundreds of thousands in fines, they put out a business completely.
[49:33.180 --> 49:44.180]  So what I'm trying to get the people in the field to take on the SEC, I took their codes and converted them into a set of questionnaires.
[49:44.180 --> 49:53.180]  So if someone's filing wants to do a ICO coin sale, they can go through this questionnaire.
[49:53.180 --> 49:57.180]  And the questionnaire will ask, did you do this or did you do this?
[49:57.180 --> 50:12.180]  And if you say yes or no, if you say yes, it puts a statement in an output form that says under this code, under this requirement, the issuer did this, but the issuer didn't do this.
[50:12.180 --> 50:28.180]  And once you've been through all of the questionnaires, it will give you a complete audit of your compliance with the code and produce an output statement you can use as an affidavit.
[50:28.180 --> 50:39.180]  And file that with the SEC where you demonstrate by verified affidavit that you've met all of their requirements.
[50:39.180 --> 50:50.180]  So that's what the tool is for. But in looking at what the SEC is doing, they're shutting everybody down, whoever they want to, doesn't make any difference.
[50:50.180 --> 50:54.180]  Doesn't make any difference if you're doing it right, doing it wrong.
[50:54.180 --> 50:56.180]  They don't care.
[50:56.180 --> 51:04.180]  If they think they can squeeze a fee or fine out of you and get you to make a deal, they come after you in student investigation.
[51:04.180 --> 51:10.180]  So, okay, guys, we're going to shut you down, put you out of business or pay us this ransom.
[51:10.180 --> 51:22.180]  And just looked at one where someone was accused of misappropriating 15 million in one company and 10 million in another company.
[51:22.180 --> 51:35.180]  And they made a deal with the SEC where they paid 300,000 in restitution and 180,000 to the SEC.
[51:35.180 --> 51:37.180]  What's wrong with that picture?
[51:37.180 --> 51:39.180]  That is crazy.
[51:39.180 --> 51:56.180]  And they accused them of misappropriating 26 million. And they say, oh, you pay a pittance back and give us a chunk of change and we'll drop the whole thing.
[51:56.180 --> 52:00.180]  This is a money scam. How do we go?
[52:00.180 --> 52:07.180]  I'm looking at petition for declaratory judgment.
[52:07.180 --> 52:14.180]  I have taken the SEC codes apart piece by piece.
[52:14.180 --> 52:33.180]  I've probably got 500 places in there at least where I have terms that are undefined, where I have language in the code that no human being can make sense of.
[52:33.180 --> 52:42.180]  Example, the agency is the Securities and Exchange Commission.
[52:42.180 --> 52:44.180]  Securities.
[52:44.180 --> 52:48.180]  What is a security?
[52:48.180 --> 53:08.180]  The definition of a security in the Code of Federal Regulations has at least four terms of items that are considered a security that are defined nowhere on planet Earth.
[53:08.180 --> 53:18.180]  I don't remember exactly what they are right now, but I was not able to find anything referencing what those are.
[53:18.180 --> 53:23.180]  So essentially, the SEC can just decide whatever you're doing.
[53:23.180 --> 53:25.180]  It's one of these.
[53:25.180 --> 53:30.180]  We're not defined anywhere else. We can define it where we want to, when we want to.
[53:30.180 --> 53:39.180]  Now, the way they treat the items that are securities is real straightforward.
[53:39.180 --> 53:53.180]  If you buy something with the expectation of being able to make a profit on that without doing any work yourself that's a security.
[53:53.180 --> 53:58.180]  So why isn't it defined that way in the Code?
[53:58.180 --> 54:03.180]  It's defined in the Code in a way that no human being can make sense of it.
[54:03.180 --> 54:08.180]  And all through the Code, I have issues like this.
[54:08.180 --> 54:17.180]  And what I'm planning to do is sue the SEC, but I'm not familiar with how to handle administrative processes.
[54:17.180 --> 54:26.180]  And if listening to you talk about this, I'm getting kind of excited because you may have some really interesting insight in how I can go after them.
[54:26.180 --> 54:29.180]  What do you think, David?
[54:29.180 --> 54:31.180]  I think that's good.
[54:31.180 --> 54:43.180]  That comes back to the thing a while ago I was talking about it's a tug of war between statutes and the administrative agency putting their own procedures manuals out.
[54:43.180 --> 54:59.180]  And a couple of people that you know that would be, I wish we were on the phone call right now, are Steve Skidmore, who has taken this class with me and has worked in this area,
[54:59.180 --> 55:04.180]  and Carl Baker from the Water Tower out in West Texas.
[55:04.180 --> 55:13.180]  Because what Steve was telling me is that what these people are doing, like you said, they're finding them.
[55:13.180 --> 55:24.180]  What I'm finding out that in the administrative law process, one case we had this week was up in New York, there's a whole bunch of people, women on AFDC and they just cut them off.
[55:24.180 --> 55:34.180]  And all of a sudden, May Hollard, you can't cut me off because I was approved for those benefits and that is now my property.
[55:34.180 --> 55:36.180]  That is my property.
[55:36.180 --> 55:39.180]  The Constitution won't let you take life, liberty, or property.
[55:39.180 --> 55:44.180]  And if you get approved for welfare benefits, that now is your income and your property.
[55:44.180 --> 56:00.180]  And what came out of that case was if they are going against these regulations, then the first thing you're entitled to is a hearing where you can bring and not a lawyer for you and not a representative for you.
[56:00.180 --> 56:11.180]  You can bring evidence yourself into this hearing before this ruling could be made to find you this million dollars and cut these deals that they're so good at cutting.
[56:11.180 --> 56:30.180]  Now, what I learned from Steve and Carl is that what these scam agencies are doing is they're jerking you over into the criminal law courts and they're trying to make you pay these fines under criminal law.
[56:30.180 --> 56:42.180]  Like you said, oh, this is just a piton. You know, you got $28 billion, so share a couple million with us. Go ahead and pay a fine of a couple million and that's just a piece of cake for you.
[56:42.180 --> 56:50.180]  And they're getting away with that. They're doing that for billions of dollars, but they're doing it in the wrong court and that's what I don't know anything about.
[56:50.180 --> 57:08.180]  That's where Steve and Carl know if they call in very often. They're, he said that Steve has told me that they're masters of taking this court case, that they're doing this scam administrative procedure and having an administrative court
[57:08.180 --> 57:24.180]  rule for the SEC by their paid off administrative law judges where they should, they're dragging it in to criminal courts and finding you guilty and finding you when it has nothing to do with criminal courts.
[57:24.180 --> 57:39.180]  And that's where Steve got me interested in taking this class and finding out why that's how they're getting these millions of dollars is they're putting this scam on and dragging you into the criminal court area and you just think you're lost.
[57:39.180 --> 57:56.180]  Then they threaten you with jail time and all of a sudden everybody fold. And I think you're right, Randy. There's a fine line in there of trying to break this rule with administrative law and administrative law judges just rule for the SEC every time.
[57:56.180 --> 58:13.180]  Well, we're about to go to break. When we come back, I want to talk about a remedy that I'm trying to put together. I'm trying to get these guys in the industry to pick this up, but it's very difficult.
[58:13.180 --> 58:30.180]  The wealthiest people in the country are the most vulnerable and they've been preyed on by this agency. We'll talk more about that when we come back. Randy Kelton, Brett Fountain with our radio. I call in number 512-646-1984.
[58:30.180 --> 58:50.180]  Okay, we still have our fundraiser going, so go to Logos Radio Network and check us out. We've got the gun giveaway, so donate, help us keep us on the air. We'll be right back.
[58:50.180 --> 59:01.180]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.180 --> 59:13.180]  The New Testament recovery version is one of the most comprehensive study Bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.180 --> 59:27.180]  The free books are a three-volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.180 --> 59:49.180]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:49.180 --> 59:59.180]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:19.180 --> 01:00:46.180]  $1.63 of barrel, Brent Crude $62.47 of barrel, and Crypto is an order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 of crypto coin.
[01:00:46.180 --> 01:01:04.180]  In history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40 today in history.
[01:01:04.180 --> 01:01:24.180]  And recent news. Since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into Texas' law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the year for THC.
[01:01:24.180 --> 01:01:33.180]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.180 --> 01:01:52.180]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso.
[01:01:52.180 --> 01:02:13.180]  Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.180 --> 01:02:22.180]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.180 --> 01:02:39.180]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.180 --> 01:02:53.180]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.180 --> 01:03:01.180]  This is Rick Rodie with the lowdown for July 22, 2019.
[01:03:01.180 --> 01:03:13.180]  Yeah, a story for everybody here, but I'm not gonna give it a spin.
[01:03:13.180 --> 01:03:17.180]  Yeah, a story.
[01:03:17.180 --> 01:03:22.180]  That's what I'm doing.
[01:03:22.180 --> 01:03:51.180]  Okay, we are back.
[01:03:51.180 --> 01:03:57.180]  Randy Kelton, Brett Fountain with our radio here with our special guest, David Lewis.
[01:03:57.180 --> 01:04:06.180]  And on the break, we were talking about the administrative side of the SEC and what they've been doing.
[01:04:06.180 --> 01:04:20.180]  The SEC, they'll go to these companies and make a lot of money, investment companies and tell them, well, we don't like something that you're doing here and we're going to institute an investigation.
[01:04:20.180 --> 01:04:23.180]  When we do that, we're going to shut you down.
[01:04:23.180 --> 01:04:25.180]  You're going to be out of business.
[01:04:25.180 --> 01:04:32.180]  And if you fight us, you'll be out of business next four or five years while you're in court with us.
[01:04:32.180 --> 01:04:41.180]  Or you can agree to pay us a whole lot of money and we'll make all this go away.
[01:04:41.180 --> 01:04:46.180]  It's just straight up extortion.
[01:04:46.180 --> 01:04:50.180]  And what the problem is, it comes up pains and penalties.
[01:04:50.180 --> 01:04:52.180]  There's nothing new about it.
[01:04:52.180 --> 01:04:59.180]  I mean, I talked to the head of a loan company at a recent seminar was that.
[01:04:59.180 --> 01:05:12.180]  And he said they had a program they wanted to do with the ICO tokens and they went to the SEC and asked them for approval and the SEC refused to comment.
[01:05:12.180 --> 01:05:16.180]  And as soon as they started the program, the SEC come in and shut them down.
[01:05:16.180 --> 01:05:18.180]  He was extremely frustrated.
[01:05:18.180 --> 01:05:20.180]  I said, well, why don't you sue them for declaratory judgment?
[01:05:20.180 --> 01:05:22.180]  Oh, I can't sue them.
[01:05:22.180 --> 01:05:29.180]  If I sue them, they'll be come in and auditing everything and get us shut down completely.
[01:05:29.180 --> 01:05:33.180]  You know, and doing what I do, I know we can kick their butts and get that stopped.
[01:05:33.180 --> 01:05:40.180]  But if you're running a company with other people's money and you're working with millions.
[01:05:40.180 --> 01:05:45.180]  And the SEC is threatening to shut you down completely, put you out of business.
[01:05:45.180 --> 01:05:48.180]  You can't take these kind of risks.
[01:05:48.180 --> 01:06:02.180]  And it is odd that I find the most the richest, the most effluent people in the country are the ones that are most abused by the system.
[01:06:02.180 --> 01:06:06.180]  You would think these guys got a lot of money and they could buy their way out of things.
[01:06:06.180 --> 01:06:12.180]  But you know, the more money they got, the bigger target they are.
[01:06:12.180 --> 01:06:28.180]  So what I'm looking at is, and what I told the owner of this loan company is that why don't you, if the SEC indicates they may have a problem with you,
[01:06:28.180 --> 01:06:48.180]  immediately file a petition to declare toward judgment and ask the court to maintain the status quo as for restraining order to stop the SEC from attempting to prevent you from marketing your product or doing whatever you do until there's a determination from this court.
[01:06:48.180 --> 01:06:59.180]  The SEC gets their power and their influence by being able to shut you down by getting their court to issue a restraining order against you.
[01:06:59.180 --> 01:07:07.180]  So before they have a chance to do that, sue them in the federal court, get it out of their ministry, their crooked administrative court,
[01:07:07.180 --> 01:07:20.180]  get it into the federal court and ask the federal judge to maintain the status quo. Absent and absolute showing of fraud and harm.
[01:07:20.180 --> 01:07:30.180]  This will essentially neuter the SEC, at least unless they have very good cause.
[01:07:30.180 --> 01:07:41.180]  If they have very strong evidence, then they can demonstrate to a federal judge who doesn't have a dog in their hunt that they should shut this down.
[01:07:41.180 --> 01:07:53.180]  But if they're just trying to extort money out of someone like this one I just read that just came, the last ruling that the last case that came out of the SEC in September,
[01:07:53.180 --> 01:08:03.180]  they accused these guys of embezzling $25 million from clients and two companies.
[01:08:03.180 --> 01:08:15.180]  And they agreed to pay $380,000 in restitution and $260 something to the SEC.
[01:08:15.180 --> 01:08:27.180]  So the SEC makes a quarter million. They have these guys pay back a pittance in restitution and everybody goes about their business.
[01:08:27.180 --> 01:08:39.180]  And if the SEC was right, they stole $25 million and that's okay as long as the SEC gets their cut.
[01:08:39.180 --> 01:08:50.180]  The SEC manual says that an agent can issue a matter under investigation.
[01:08:50.180 --> 01:09:06.180]  But before he does that, he must make a determination of whether or not the expected litigation can yield enough income to cover the cost of litigation.
[01:09:06.180 --> 01:09:23.180]  First requirement, doesn't matter how bad they are, doesn't matter who they're stealing from, they won't go after you unless they feel like they can get enough fines and fees to get their money back.
[01:09:23.180 --> 01:09:28.180]  So we crank it up on them.
[01:09:28.180 --> 01:09:45.180]  First peep we get out of the SEC, we file a petition for declaratory judgment, ask the court to issue a restraining order against the SEC and maintain the status quo until the litigation is terminated.
[01:09:45.180 --> 01:09:48.180]  We hamstring them.
[01:09:48.180 --> 01:09:59.180]  But you can't get these guys, guys got a business, he has millions and millions of other people's funds he's working with.
[01:09:59.180 --> 01:10:04.180]  He can't afford to do this, can't afford to take this risk with other people's money.
[01:10:04.180 --> 01:10:28.180]  He's been taking advantage of that. So I'm going to set them up. I'm going to give them notice that I'm going to do an ICO sale and get them to come after me because what I figured out with ICOs,
[01:10:28.180 --> 01:10:35.180]  is a initial coin offering where you're offering this token.
[01:10:35.180 --> 01:10:40.180]  And this token has no intrinsic value of its own.
[01:10:40.180 --> 01:10:45.180]  It's just a representative of a value.
[01:10:45.180 --> 01:10:51.180]  You can take this token and trade it in for value, like we're setting up this electronic lawyer.
[01:10:51.180 --> 01:10:55.180]  And we'll sell you a token for a dollar.
[01:10:55.180 --> 01:11:06.180]  And this token, once we launch this business, you can trade it to us for a dollar's worth of services.
[01:11:06.180 --> 01:11:10.180]  That makes it a commodity and not a security.
[01:11:10.180 --> 01:11:20.180]  And a commodity is regulated by the commodities and exchange, something exchange.
[01:11:20.180 --> 01:11:23.180]  It's a different agency.
[01:11:23.180 --> 01:11:27.180]  And we just had a court case recently that ruled just exactly this.
[01:11:27.180 --> 01:11:36.180]  This representation of value, that should be familiar to anybody who knows anything about a fiat currency.
[01:11:36.180 --> 01:11:43.180]  A fiat currency, a green dollar, has no intrinsic value of its own.
[01:11:43.180 --> 01:11:49.180]  It merely represents a value that you can trade this thing for.
[01:11:49.180 --> 01:11:54.180]  You can't sell a dollar for a dollar and a nickel.
[01:11:54.180 --> 01:12:02.180]  It has no value other than as a representation of some other value.
[01:12:02.180 --> 01:12:04.180]  Token is the same way.
[01:12:04.180 --> 01:12:13.180]  So I'm going to do a token sale and prod the SEC to give me a notice of intent,
[01:12:13.180 --> 01:12:24.180]  and notice that they're issuing a matter under investigation that I'm going to sue them in the federal district court and ask for restraining order.
[01:12:24.180 --> 01:12:27.180]  I'm trying to demonstrate to people how to go after it.
[01:12:27.180 --> 01:12:36.180]  But that's why this conversation with David is so interesting because this is administrative side.
[01:12:36.180 --> 01:12:42.180]  David, what do I need to know to be able to tie these guys up?
[01:12:42.180 --> 01:12:44.180]  I think you're on the right track.
[01:12:44.180 --> 01:12:46.180]  I think you're on the right track.
[01:12:46.180 --> 01:12:53.180]  The little time I spent in this class so far, I found out that the court cases,
[01:12:53.180 --> 01:13:11.180]  the federal court cases, and the Supreme Court overturning these administrative agency cases so far are in favor of you have to have a hearing where the person can bring evidence before you can dole out anything that would punish them.
[01:13:11.180 --> 01:13:17.180]  And the fact that you would go into federal court, get a petition for declaratory judgment,
[01:13:17.180 --> 01:13:26.180]  and get a restraining order to maintain the status quo should be the first thing any federal judge would do is say, that makes sense to me.
[01:13:26.180 --> 01:13:37.180]  You know, he shouldn't have to put up all of his client money into fighting some stupid agency that's overstepped their bounds.
[01:13:37.180 --> 01:13:48.180]  It would always be open where if they brought overwhelming evidence that the judge could look out and say, yeah, this really looks really bad.
[01:13:48.180 --> 01:13:51.180]  Then he could not give you the restraining order.
[01:13:51.180 --> 01:13:55.180]  It would kind of be like equivalent to an examining trial then.
[01:13:55.180 --> 01:13:57.180]  Absolutely.
[01:13:57.180 --> 01:13:58.180]  Absolutely.
[01:13:58.180 --> 01:13:59.180]  And that's a good thing.
[01:13:59.180 --> 01:14:01.180]  But that's where all these cases are leading.
[01:14:01.180 --> 01:14:10.180]  And I've seen is you have to have a hearing first, you have to be afforded to hearing no matter how low on the totem pole this case is or how high it is.
[01:14:10.180 --> 01:14:12.180]  Randy, you mentioned the SEC manual.
[01:14:12.180 --> 01:14:20.180]  Is that manual actually published or is it like this Bureau of Indian Affairs case I was talking about that they never published it anywhere?
[01:14:20.180 --> 01:14:23.180]  Yeah, yeah, this is actually published.
[01:14:23.180 --> 01:14:26.180]  You can go to the SEC site and find it.
[01:14:26.180 --> 01:14:28.180]  It's right at the top.
[01:14:28.180 --> 01:14:33.180]  They start out with a matter under investigation.
[01:14:33.180 --> 01:14:39.180]  So an agent can issue that and then he can start looking into something.
[01:14:39.180 --> 01:14:54.180]  And if he finds enough that he believes he can make a bunch of money from, then he petitions his boss or his boss's boss for permission to start an investigation.
[01:14:54.180 --> 01:14:59.180]  And when he starts an investigation, whoever he's investigating is shut down.
[01:14:59.180 --> 01:15:03.180]  And there's my constitutional issue.
[01:15:03.180 --> 01:15:04.180]  Yes.
[01:15:04.180 --> 01:15:07.180]  There's now a new property.
[01:15:07.180 --> 01:15:16.180]  All they're doing is starting an investigation and they subject you to denial of your rights.
[01:15:16.180 --> 01:15:20.180]  That cannot be anything other than a constitutional violation.
[01:15:20.180 --> 01:15:25.180]  Well, that's what they do all the time everywhere in every state with transportation.
[01:15:25.180 --> 01:15:27.180]  Can I ask you something, David?
[01:15:27.180 --> 01:15:40.180]  How is this connected to the like in Texas, we have the state office of administrative hearings and they're supposed to hear issues that are administrative.
[01:15:40.180 --> 01:15:47.180]  Like if you have a license of violation relating to a license, how is that connected to this?
[01:15:47.180 --> 01:15:52.180]  The whole connection is the difference between a right and a privilege.
[01:15:52.180 --> 01:15:55.180]  All right, a driver's license is a privilege.
[01:15:55.180 --> 01:16:01.180]  They give you this driver's license, you have a privilege to obey all the laws that's connected to it.
[01:16:01.180 --> 01:16:12.180]  And I was saying earlier what got me, my eyes opened in this administrative law is the fact that I got this parking ticket when I had a broken leg.
[01:16:12.180 --> 01:16:17.180]  I wasn't a parking ticket, I was parked in a handicapped zone but didn't have a handicapped hangar.
[01:16:17.180 --> 01:16:19.180]  Well, I didn't know what to do.
[01:16:19.180 --> 01:16:23.180]  I thought you'd go down to the city court like you always do.
[01:16:23.180 --> 01:16:25.180]  So I went and showed up for this hearing.
[01:16:25.180 --> 01:16:28.180]  They have to give you a hearing to bring evidence.
[01:16:28.180 --> 01:16:36.180]  That's when I found out that all they did was appoint a bunch of handicapped people to go out and write tickets at all of the grocery stores.
[01:16:36.180 --> 01:16:43.180]  And they have nothing, they're not police officers, they're not nothing, no trade, anything.
[01:16:43.180 --> 01:16:48.180]  This guy was in there that had written me the ticket, couldn't even spell his own name.
[01:16:48.180 --> 01:16:50.180]  Didn't that sense me?
[01:16:50.180 --> 01:16:54.180]  That was the category of people that they have in there.
[01:16:54.180 --> 01:16:57.180]  Well, it was the little hearing officers, there was a little young kid.
[01:16:57.180 --> 01:17:03.180]  Hey, wait, wait, wait, hang on, going to break your back.
[01:17:03.180 --> 01:17:10.180]  It's the 2019 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas Gun Works.
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[01:20:02.180 --> 01:20:04.180]  Okay, we are back.
[01:20:04.180 --> 01:20:08.180]  Randy Colton.
[01:20:08.180 --> 01:20:11.180]  I'm getting distracted with my voice.
[01:20:11.180 --> 01:20:13.180]  I'm distracted with my board.
[01:20:13.180 --> 01:20:20.180]  When I bring this in, it fades us down about three quarters and then I click the full fade
[01:20:20.180 --> 01:20:22.180]  out and it's supposed to fade down some more and it's not.
[01:20:22.180 --> 01:20:26.180]  Is that why I keep saying Stevens right while you were trying to say that?
[01:20:26.180 --> 01:20:28.180]  I don't multitask.
[01:20:28.180 --> 01:20:34.180]  Well, I'm having to manually pull the fader down and I can't, you know, I'm old.
[01:20:34.180 --> 01:20:36.180]  I don't multitask.
[01:20:36.180 --> 01:20:37.180]  Anyway.
[01:20:37.180 --> 01:20:40.180]  You're not old enough.
[01:20:40.180 --> 01:20:44.180]  Well, I'm almost as old as you are.
[01:20:44.180 --> 01:20:45.180]  I'm older than you.
[01:20:45.180 --> 01:20:46.180]  That's right.
[01:20:46.180 --> 01:20:48.180]  No, you're not quite there yet.
[01:20:48.180 --> 01:20:49.180]  Oh, look at that.
[01:20:49.180 --> 01:20:51.180]  You just can't do it.
[01:20:51.180 --> 01:20:58.180]  Jeff Sedgwick, I used to pick on him saying he was old as me and I got dirt in my front
[01:20:58.180 --> 01:21:00.180]  yard that's not as old as me.
[01:21:00.180 --> 01:21:02.180]  So now I can do that to you, David.
[01:21:02.180 --> 01:21:03.180]  That's right.
[01:21:03.180 --> 01:21:06.180]  And I won't care either.
[01:21:06.180 --> 01:21:10.180]  Okay, we came out, we were talking about.
[01:21:10.180 --> 01:21:17.180]  I was just going to give you the quick little parallel in my situation where I got this
[01:21:17.180 --> 01:21:19.180]  handicapped ticket.
[01:21:19.180 --> 01:21:23.180]  I was forced to go down to this administrative hearing that I didn't know what was.
[01:21:23.180 --> 01:21:29.180]  I went in there and they had a little young kid as the hearing officer and he was just
[01:21:29.180 --> 01:21:32.180]  there to find me guilty and rule against me.
[01:21:32.180 --> 01:21:37.180]  And this guy that wrote the ticket was there and said, yep, he was parked in a handicapped
[01:21:37.180 --> 01:21:39.180]  spot and I still had crutches in the broken leg.
[01:21:39.180 --> 01:21:40.180]  They didn't care about that.
[01:21:40.180 --> 01:21:43.180]  They just said I didn't have a thing in the car.
[01:21:43.180 --> 01:21:48.180]  So I filed a paper that said I'm suing you hearing officer for $1,000 for my damages
[01:21:48.180 --> 01:21:49.180]  coming down here.
[01:21:49.180 --> 01:21:54.180]  Well, as soon as they ruled against me and threw me out, I appealed it up to the next
[01:21:54.180 --> 01:21:59.180]  court and it was another hearing where they sent me to another hearing, come back and
[01:21:59.180 --> 01:22:04.180]  do the same thing with another hearing officer that was a little older and more experienced
[01:22:04.180 --> 01:22:10.180]  and I had added him to the $1,000 suit where I was sending him personally for $1,000.
[01:22:10.180 --> 01:22:16.180]  Well, once you go through the second hearing, then you can appeal it up to a real court,
[01:22:16.180 --> 01:22:20.180]  which is the municipal court.
[01:22:20.180 --> 01:22:25.180]  So it goes through these hearing scams and then goes to municipal court.
[01:22:25.180 --> 01:22:29.180]  Well, they gave me a judge of the municipal courtroom that I was going to go in front
[01:22:29.180 --> 01:22:35.180]  of the judge, so I added his name to the $1,000 I was suing for because he was part of the
[01:22:35.180 --> 01:22:41.180]  conspiracy that was doing all this and when I got up to the court and he saw that I had
[01:22:41.180 --> 01:22:46.180]  a broken leg and everything and saw his name was on top of my petition suing him for $1,000
[01:22:46.180 --> 01:22:48.180]  along with these other guys.
[01:22:48.180 --> 01:22:50.180]  Now, this is for a parking ticket.
[01:22:50.180 --> 01:22:56.180]  This judge taught me something that I'd never heard of before and right before he dismissed
[01:22:56.180 --> 01:23:04.180]  my case, I told him I had a right to a jury trial and he said, no, we don't have juries
[01:23:04.180 --> 01:23:06.180]  down here anymore.
[01:23:06.180 --> 01:23:09.180]  We don't write tickets to people anymore.
[01:23:09.180 --> 01:23:15.180]  We write them to cars and if your car doesn't pay the fine, we just pick it up.
[01:23:15.180 --> 01:23:20.180]  Now, how's that for administrative law and how the enforcement goes nowadays?
[01:23:20.180 --> 01:23:22.180]  And that's what opened my eyes.
[01:23:22.180 --> 01:23:24.180]  A new class of crime.
[01:23:24.180 --> 01:23:31.180]  Well, see, that's how they're going to get around violating rights because, well, they
[01:23:31.180 --> 01:23:33.180]  didn't violate your rights.
[01:23:33.180 --> 01:23:38.180]  They violated the car's rights and cars don't have any rights, so they're okay, right?
[01:23:38.180 --> 01:23:44.180]  They think so, except he dismissed the case because his name was attached to it now and
[01:23:44.180 --> 01:23:50.180]  that's what opened my eyes when Steve told me that they're jerking it into criminal
[01:23:50.180 --> 01:23:54.180]  court when they don't have a right to and that's what him and Carl are teaching that I
[01:23:54.180 --> 01:23:59.180]  don't know anything about, but that's what I saw in that handicap parking ticket case.
[01:23:59.180 --> 01:24:05.180]  Man, all of a sudden I'm sitting in a criminal courtroom and the judge has told me that I
[01:24:05.180 --> 01:24:08.180]  didn't get a ticket, my car got a ticket.
[01:24:08.180 --> 01:24:10.180]  So, who knows?
[01:24:10.180 --> 01:24:15.180]  They've got this thing convoluted now where you do have to study to be able to figure
[01:24:15.180 --> 01:24:19.180]  out where, how do I find this mess?
[01:24:19.180 --> 01:24:25.180]  We'll have to keep the work on this electronic lawyer because people will eventually sort
[01:24:25.180 --> 01:24:27.180]  all this out.
[01:24:27.180 --> 01:24:40.180]  I have the SEC codes as they go to the security filing exemptions.
[01:24:40.180 --> 01:24:43.180]  I have those mapped out.
[01:24:43.180 --> 01:24:48.180]  They are simply impossible for a human being to read and understand.
[01:24:48.180 --> 01:24:54.180]  I have absolutely no doubt that there is not a single lawyer out there, either a regulator
[01:24:54.180 --> 01:24:59.180]  or a SEC defense lawyer who understands that code.
[01:24:59.180 --> 01:25:03.180]  I would bet you're right, yeah, no doubt.
[01:25:03.180 --> 01:25:12.180]  In each of the three different exemptions, first paragraph, first sentence refers to
[01:25:12.180 --> 01:25:15.180]  a different set of code.
[01:25:15.180 --> 01:25:23.180]  Crowdfunding is 100 CFR 227.
[01:25:23.180 --> 01:25:26.180]  It refers to another code.
[01:25:26.180 --> 01:25:28.180]  Are you in compliance with this code?
[01:25:28.180 --> 01:25:31.180]  So, I have to jump out to that code to see if I'm in compliance.
[01:25:31.180 --> 01:25:34.180]  And then that one refers to 1101C.
[01:25:34.180 --> 01:25:37.180]  So, I jump out to 1101C.
[01:25:37.180 --> 01:25:45.180]  I'm 50 or 60 questions in before I get back to the second half of the first sentence in
[01:25:45.180 --> 01:25:47.180]  the statutes.
[01:25:47.180 --> 01:25:50.180]  60 questions.
[01:25:50.180 --> 01:25:54.180]  Each one of them are the same, different set of a number of questions for each one.
[01:25:54.180 --> 01:26:00.180]  But the entire code jumps back and forth and up and down all over the place.
[01:26:00.180 --> 01:26:06.180]  No human being can keep all this trash in their mind at one time.
[01:26:06.180 --> 01:26:09.180]  This is not possible to read and understand.
[01:26:09.180 --> 01:26:14.180]  Maybe a machine can do it, but human beings cannot do this.
[01:26:14.180 --> 01:26:20.180]  So, the main overriding code is 15 U.S. code and they're pretty easy to understand.
[01:26:20.180 --> 01:26:27.180]  If you can find a simple statute that they're taking these actions, overrides that statute.
[01:26:27.180 --> 01:26:31.180]  That statute governs them.
[01:26:31.180 --> 01:26:41.180]  The problem with the statute is the statutes are vague in general and leaves most of the
[01:26:41.180 --> 01:26:47.180]  structure to the CFRs that the agency itself writes.
[01:26:47.180 --> 01:27:00.180]  And then the courts rule that an agency established to address a complex issue has more immediate
[01:27:00.180 --> 01:27:06.180]  knowledge of the facts and circumstances than a district judge does.
[01:27:06.180 --> 01:27:13.180]  So, when an agency renders a ruling based on their practices and procedures, a district
[01:27:13.180 --> 01:27:15.180]  judge cannot disturb that ruling.
[01:27:15.180 --> 01:27:18.180]  And that's disturbing.
[01:27:18.180 --> 01:27:20.180]  Well, on the one hand.
[01:27:20.180 --> 01:27:27.180]  But then on the other, the case that that came about from was an issue with the smoke stacks
[01:27:27.180 --> 01:27:35.180]  on coal-fired furnaces where the SEC did research on what kinds of filters were needed
[01:27:35.180 --> 01:27:38.180]  in the smoke stacks.
[01:27:38.180 --> 01:27:45.180]  And a company sued and the district judge overturned the SEC.
[01:27:45.180 --> 01:27:51.180]  And the Supreme Court of Appeals said, you can't overturn these guys because they know
[01:27:51.180 --> 01:27:53.180]  more about it than you do.
[01:27:53.180 --> 01:27:55.180]  You're just a district judge.
[01:27:55.180 --> 01:27:57.180]  These guys specialize in this area.
[01:27:57.180 --> 01:27:59.180]  So, we defer to them.
[01:27:59.180 --> 01:28:07.180]  Now, that's okay if they're upright and doing the right thing for the right reason.
[01:28:07.180 --> 01:28:13.180]  But the SEC, they appear to be just a bunch of lying thieves.
[01:28:13.180 --> 01:28:23.180]  They use this code as a way to generate funding to support themselves and keep themselves in business.
[01:28:23.180 --> 01:28:34.180]  It's amazing that the wealthiest people in this country are the most vulnerable.
[01:28:34.180 --> 01:28:39.180]  They can be ruined at any time by one of these agencies.
[01:28:39.180 --> 01:28:43.180]  And they have no way to defend themselves.
[01:28:43.180 --> 01:28:53.180]  I want to talk to Steve and Carl and see if we can get them together and listen to a show.
[01:28:53.180 --> 01:29:00.180]  I'd be willing to do a whole four-hour Friday show on administrative law.
[01:29:00.180 --> 01:29:06.180]  I understand that Steve and Carl are going to put together a seminar on this.
[01:29:06.180 --> 01:29:08.180]  They've already done one.
[01:29:08.180 --> 01:29:10.180]  They went up close to three days.
[01:29:10.180 --> 01:29:14.180]  And I don't know what all they covered in it, but they've already done one.
[01:29:14.180 --> 01:29:16.180]  And that was last year.
[01:29:16.180 --> 01:29:18.180]  They know already what they're doing.
[01:29:18.180 --> 01:29:20.180]  That's what got me interested in doing this.
[01:29:20.180 --> 01:29:27.180]  And where you said that the court is ruling for the administrative agency,
[01:29:27.180 --> 01:29:31.180]  I've seen a couple cases where they're doing that and they do that quite a bit,
[01:29:31.180 --> 01:29:34.180]  but there's also cases where they don't do that.
[01:29:34.180 --> 01:29:39.180]  You've got to do a jeopardizing of the cases where they don't rule for the judge
[01:29:39.180 --> 01:29:41.180]  and find the witnesses why they don't.
[01:29:41.180 --> 01:29:42.180]  Okay.
[01:29:42.180 --> 01:29:43.180]  Hang on.
[01:29:43.180 --> 01:29:44.180]  About to go to break.
[01:29:44.180 --> 01:29:47.180]  Randy Kelton, Brett Fountain, Rural Radio.
[01:29:47.180 --> 01:29:51.180]  A call in number 5126461984.
[01:29:51.180 --> 01:29:53.180]  We'll be right back.
[01:30:02.180 --> 01:30:05.180]  Could your pharmacy release your prescription information to marketers?
[01:30:05.180 --> 01:30:07.180]  Believe it or not, it's not only possible.
[01:30:07.180 --> 01:30:08.180]  It's probably been done.
[01:30:08.180 --> 01:30:10.180]  I'm Dr. Katherine Albrecht.
[01:30:10.180 --> 01:30:13.180]  And I'll be back with loopholes that make it legal for companies like CVS
[01:30:13.180 --> 01:30:42.180]  to share your personal health information.
[01:30:43.180 --> 01:30:45.180]  Here's a quick start page.
[01:31:13.180 --> 01:31:36.180]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.180 --> 01:31:38.180]  The government says that fire brought it down.
[01:31:38.180 --> 01:31:43.180]  1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.180 --> 01:31:46.180]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.180 --> 01:31:48.180]  And thousands of my fellow first responders have died.
[01:31:48.180 --> 01:31:50.180]  I'm not a conspiracy theorist.
[01:31:50.180 --> 01:31:51.180]  I'm a structural engineer.
[01:31:51.180 --> 01:31:52.180]  I'm a New York City correction officer.
[01:31:52.180 --> 01:31:53.180]  I'm an Air Force pilot.
[01:31:53.180 --> 01:31:55.180]  I'm a father who lost his son.
[01:31:55.180 --> 01:31:57.180]  We're Americans, and we deserve the truth.
[01:31:57.180 --> 01:32:01.180]  Go to RememberBuilding7.org today.
[01:32:01.180 --> 01:32:05.180]  Rural Law Radio is proud to offer the Rural Law Traffic Similar.
[01:32:05.180 --> 01:32:08.180]  In today's America, we live in an us-against-them society.
[01:32:08.180 --> 01:32:10.180]  If we, the people, are ever going to have a free society,
[01:32:10.180 --> 01:32:13.180]  then we're going to have to stand and defend our own rights.
[01:32:13.180 --> 01:32:16.180]  Among those rights are the right to travel freely from place to place,
[01:32:16.180 --> 01:32:18.180]  the right to act in our own private capacity,
[01:32:18.180 --> 01:32:20.180]  and most importantly, the right to due process of law.
[01:32:20.180 --> 01:32:24.180]  Practical courts afford us the least expensive opportunity to learn how to enforce
[01:32:24.180 --> 01:32:26.180]  and preserve our rights through due process.
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[01:32:29.180 --> 01:32:31.180]  has put together the most comprehensive teaching tool available
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[01:32:45.180 --> 01:32:47.180]  a deal and audio of the original 2009 seminar.
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[01:32:50.180 --> 01:32:54.180]  Learn how to fight for your rights with the help of this material from RuralLawRadio.com.
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[01:33:01.180 --> 01:33:24.180]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:24.180 --> 01:33:29.180]  Okay, we are back. Randy Kelton, Brett Fountain, Rural Law Radio.
[01:33:29.180 --> 01:33:33.180]  And I got the slider pulled down before I started talking,
[01:33:33.180 --> 01:33:37.180]  so my tongue didn't get tangled.
[01:33:37.180 --> 01:33:47.180]  Okay, you mentioned on the break three issues they used to determine.
[01:33:47.180 --> 01:33:51.180]  Will you explain that?
[01:33:51.180 --> 01:33:59.180]  Yes, in a particular case called Matthews vs. Eldritch,
[01:33:59.180 --> 01:34:03.180]  the court finally came out and said we have to have a balancing test.
[01:34:03.180 --> 01:34:08.180]  Something has to show us, is this a rule and can be enforced as a rule?
[01:34:08.180 --> 01:34:11.180]  Or is this just one of your procedures, you drug out of your manual
[01:34:11.180 --> 01:34:14.180]  and you're trying to enforce it like a rule?
[01:34:14.180 --> 01:34:18.180]  And so they came up with this three-factor balancing test they called it
[01:34:18.180 --> 01:34:23.180]  to find out what degree of disability a person would have to have to get disability.
[01:34:23.180 --> 01:34:27.180]  And the three factors was that there is a private interest
[01:34:27.180 --> 01:34:31.180]  that will be affected by a termination of the benefit.
[01:34:31.180 --> 01:34:34.180]  And you can tie that exactly into what you're doing there
[01:34:34.180 --> 01:34:37.180]  because that will shut down their business.
[01:34:37.180 --> 01:34:43.180]  The second is, is there a risk of erroneous deprivation of the benefit?
[01:34:43.180 --> 01:34:46.180]  Is there a chance that the government could come in there and say,
[01:34:46.180 --> 01:34:52.180]  okay, you're shut down, but, oh my God, in the end, they were wrong
[01:34:52.180 --> 01:34:54.180]  and they've now put you out of business?
[01:34:54.180 --> 01:34:57.180]  Is there a risk of that is the second question.
[01:34:57.180 --> 01:35:04.180]  And the last one is, government's interest in the fiscal and administrative burdens,
[01:35:04.180 --> 01:35:07.180]  which basically just means, you know, the government's going to have to spend
[01:35:07.180 --> 01:35:10.180]  a lot of money fighting this, but that's not really an interest,
[01:35:10.180 --> 01:35:14.180]  but the judges put that into the three-question test.
[01:35:14.180 --> 01:35:18.180]  So the main thing is, is there a private interest that will be affected?
[01:35:18.180 --> 01:35:20.180]  And of course there is.
[01:35:20.180 --> 01:35:25.180]  And is it possible that if they are deprived of their rights to have this business open,
[01:35:25.180 --> 01:35:30.180]  is there a possible that could be erroneous and they shouldn't have done it in the first place?
[01:35:30.180 --> 01:35:34.180]  That's your reason for the administrative side of the,
[01:35:34.180 --> 01:35:38.180]  or that's the reason for having the restraining order,
[01:35:38.180 --> 01:35:42.180]  petition for declaratory judgment to maintain the status quo
[01:35:42.180 --> 01:35:48.180]  is because there is a chance of erroneous ruling that they shouldn't have made
[01:35:48.180 --> 01:35:51.180]  and it puts them on out of business.
[01:35:51.180 --> 01:35:52.180]  Perfect.
[01:35:52.180 --> 01:35:55.180]  So, there you go.
[01:35:55.180 --> 01:35:58.180]  We can do this.
[01:35:58.180 --> 01:35:59.180]  All right.
[01:35:59.180 --> 01:36:07.180]  I'm going to use this as a proof of concept for the electronic lawyer project.
[01:36:07.180 --> 01:36:13.180]  If we can use the questionnaire to build a statement,
[01:36:13.180 --> 01:36:18.180]  an affidavit that they can file with the SEC,
[01:36:18.180 --> 01:36:23.180]  that addresses every single requirement in there
[01:36:23.180 --> 01:36:30.180]  and makes a statement, proactive statement addressing each particular requirement.
[01:36:30.180 --> 01:36:32.180]  And then put that in an affidavit.
[01:36:32.180 --> 01:36:39.180]  Now, in order for the regulator to take an action against the issuer,
[01:36:39.180 --> 01:36:44.180]  he'll have to overcome the statement of fact in the affidavit
[01:36:44.180 --> 01:36:48.180]  because the affidavit must be taken as true.
[01:36:48.180 --> 01:36:50.180]  So, now he has to overcome that.
[01:36:50.180 --> 01:36:54.180]  He can't just claim that you didn't do something when you have an affidavit says you did.
[01:36:54.180 --> 01:36:56.180]  He has to prove you didn't.
[01:36:56.180 --> 01:36:59.180]  So, it puts the burden on them.
[01:36:59.180 --> 01:37:03.180]  But the biggest tool would be the declaratory judgment,
[01:37:03.180 --> 01:37:07.180]  where you drag them out of their local administrative court,
[01:37:07.180 --> 01:37:09.180]  that's always going to rule in their favor,
[01:37:09.180 --> 01:37:13.180]  and into a federal court who doesn't necessarily have a dog in their hunt.
[01:37:13.180 --> 01:37:17.180]  And very good chance, most every one of these federal judges
[01:37:17.180 --> 01:37:25.180]  have investments of their own that are subject to be harmed by this kind of behavior
[01:37:25.180 --> 01:37:28.180]  on the part of the SEC.
[01:37:28.180 --> 01:37:30.180]  So, this is perfect.
[01:37:30.180 --> 01:37:37.180]  These two criteria, when we spoke earlier about what the SEC was doing,
[01:37:37.180 --> 01:37:40.180]  this was exactly the problem.
[01:37:40.180 --> 01:37:47.180]  The private interest and the risk of an erroneous deprivation of a benefit.
[01:37:47.180 --> 01:37:49.180]  That is perfect.
[01:37:49.180 --> 01:37:51.180]  So, be sure to add the third one to it,
[01:37:51.180 --> 01:37:54.180]  the government's interest, the fiscal and admin burden,
[01:37:54.180 --> 01:37:58.180]  because they wrote that into the ruling,
[01:37:58.180 --> 01:38:00.180]  even though it doesn't come up most of the time.
[01:38:00.180 --> 01:38:02.180]  You should mention it.
[01:38:02.180 --> 01:38:04.180]  It's interesting that that's in there,
[01:38:04.180 --> 01:38:14.180]  because in the SEC manual, that is the very first consideration.
[01:38:14.180 --> 01:38:15.180]  Wonderful.
[01:38:15.180 --> 01:38:17.180]  They called it a three-factor balancing test.
[01:38:17.180 --> 01:38:20.180]  A balancing test.
[01:38:20.180 --> 01:38:26.180]  And what was the case?
[01:38:26.180 --> 01:38:28.180]  It was a Matthew versus Eldridge.
[01:38:28.180 --> 01:38:31.180]  It was a person that had a disability,
[01:38:31.180 --> 01:38:33.180]  and they were coming in and saying,
[01:38:33.180 --> 01:38:36.180]  well, how disabled is he?
[01:38:36.180 --> 01:38:40.180]  You know, is he really disabled enough?
[01:38:40.180 --> 01:38:44.180]  Or is he, he had a ruling from a doctor that he was hurting pretty bad,
[01:38:44.180 --> 01:38:48.180]  and they said that, well, he might have had a ruling from a doctor,
[01:38:48.180 --> 01:38:54.180]  but is that enough for us to not cut off the benefit?
[01:38:54.180 --> 01:38:58.180]  Well, I was just subjected to something like that recently.
[01:38:58.180 --> 01:39:05.180]  I went to the VA, and, you know, they always test you for a PSTD.
[01:39:05.180 --> 01:39:10.180]  And she asked me if I had had any traumatic experiences lately,
[01:39:10.180 --> 01:39:12.180]  and I told her, yes, ma'am, I have.
[01:39:12.180 --> 01:39:14.180]  Well, what happened?
[01:39:14.180 --> 01:39:18.180]  And I told her that I'm here taking care of my mom,
[01:39:18.180 --> 01:39:21.180]  and she had a bathtub, and she couldn't get in it,
[01:39:21.180 --> 01:39:26.180]  so I ripped out the bathtub and put in a shower stall for her so she could walk in.
[01:39:26.180 --> 01:39:29.180]  But I had to test it out to make sure everything worked,
[01:39:29.180 --> 01:39:35.180]  and above her vanity in the bathroom was this huge six-foot mirror,
[01:39:35.180 --> 01:39:40.180]  and I accidentally saw myself naked.
[01:39:40.180 --> 01:39:44.180]  And I said, was it that bad? Oh, yeah, it was bad.
[01:39:44.180 --> 01:39:49.180]  Do I get disability? No.
[01:39:49.180 --> 01:39:52.180]  So you think I could take that to that court?
[01:39:52.180 --> 01:39:57.180]  Absolutely. Absolutely. They'll buy it if I can.
[01:39:57.180 --> 01:40:01.180]  But you got to put it in there. Just picture yourself if that happened to you.
[01:40:01.180 --> 01:40:04.180]  Yeah, thank you.
[01:40:04.180 --> 01:40:08.180]  It was bad anyway.
[01:40:08.180 --> 01:40:12.180]  Anyway, okay, I'm kind of excited about this.
[01:40:12.180 --> 01:40:18.180]  For years doing this show I've heard about, you know, people talk about administrative law,
[01:40:18.180 --> 01:40:22.180]  but they never could get me past just talking about it.
[01:40:22.180 --> 01:40:28.180]  Mostly the ones that talked about it were the patriot mythologists
[01:40:28.180 --> 01:40:34.180]  who wind up out and left fields somewhere with Babylonian law or something,
[01:40:34.180 --> 01:40:40.180]  and it wasn't anything I could do anything with, or Ralph Winrude,
[01:40:40.180 --> 01:40:47.180]  who takes us to the National Register, which is 65,000 pages, which was not helpful.
[01:40:47.180 --> 01:40:50.180]  So this is the first one that's helpful.
[01:40:50.180 --> 01:40:55.180]  I would very much like to see Steve and Carl on the show.
[01:40:55.180 --> 01:41:03.180]  Actually, he called in recently, and he didn't call in hanging from the tower this time.
[01:41:03.180 --> 01:41:07.180]  Yeah, right. He's got their cell phone.
[01:41:07.180 --> 01:41:14.180]  But I'd like to do a show, and if they're going to do seminars for that,
[01:41:14.180 --> 01:41:22.180]  then we could put together a show to use as an archive, as a demo for what they're going to do.
[01:41:22.180 --> 01:41:28.180]  So at the same time we get a good show, they also get a tool they can use.
[01:41:28.180 --> 01:41:34.180]  Okay. Anything else we want to address on this?
[01:41:34.180 --> 01:41:38.180]  We've got one segment left, and we've got one caller down there.
[01:41:38.180 --> 01:41:42.180]  I think we've got pretty well covered it. I enjoyed it. Pleasure.
[01:41:42.180 --> 01:41:46.180]  Thank you, David. You need to come on more often.
[01:41:46.180 --> 01:41:48.180]  All right.
[01:41:48.180 --> 01:41:52.180]  Okay, now we're going to go into...
[01:41:52.180 --> 01:41:53.180]  Thank you, Randy.
[01:41:53.180 --> 01:41:55.180]  Thank you, David.
[01:41:55.180 --> 01:42:03.180]  Okay, now we're going to Shane in New York. Hello, Shane.
[01:42:03.180 --> 01:42:05.180]  Hello, Randy.
[01:42:05.180 --> 01:42:11.180]  What do you have for us today? Are you on a hands-free or Bluetooth?
[01:42:11.180 --> 01:42:19.180]  I'm taking my Bluetooth. I'm driving my car. Hang on.
[01:42:19.180 --> 01:42:21.180]  Is that much better, Randy?
[01:42:21.180 --> 01:42:26.180]  That's much better. I was going to ask if you had your head in the toilet, but I guess not.
[01:42:26.180 --> 01:42:32.180]  I just put the phone up to my ear. Boy, oh boy, oh boy.
[01:42:32.180 --> 01:42:36.180]  So much stuff has happened since the last time I've talked to you.
[01:42:36.180 --> 01:42:41.180]  I don't really know where to start, but I will tell you that...
[01:42:41.180 --> 01:42:48.180]  I'm not sure if this is good news or bad news, but I did get an order from the judge,
[01:42:48.180 --> 01:42:58.180]  and it was an order to start making payments for Chapter 13 pre-confirmation.
[01:42:58.180 --> 01:43:01.180]  I don't think that's either good or bad news.
[01:43:01.180 --> 01:43:05.180]  Actually, David may know a little bit about...
[01:43:05.180 --> 01:43:10.180]  He knows more about bankruptcy, certainly, than I do.
[01:43:10.180 --> 01:43:13.180]  We're about to go to break when we come back.
[01:43:13.180 --> 01:43:18.180]  David Shane was in his mother's house being foreclosed on.
[01:43:18.180 --> 01:43:23.180]  He got a, what do you call it, a quick claim.
[01:43:23.180 --> 01:43:28.180]  And now he's filed for bankruptcy to stop the foreclosure.
[01:43:28.180 --> 01:43:31.180]  And he's working through that at the moment.
[01:43:31.180 --> 01:43:37.180]  Hang on. We'll be right back. Randy Kelton, Brett Fountain, Will La Radio.
[01:43:37.180 --> 01:43:40.180]  It's the last segment, so I'm not going to give out the call-in number.
[01:43:40.180 --> 01:43:44.180]  We'll be right back.
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[01:46:29.180 --> 01:46:55.180]  Okay, we are back, Randy Colton, Brett Fountain, Rule of Law Radio,
[01:46:55.180 --> 01:47:01.180]  and David is hung on with us, and we're talking to Shane in New York.
[01:47:01.180 --> 01:47:05.180]  Okay, Shane, bring us up to speed.
[01:47:05.180 --> 01:47:13.180]  Okay, so I had my 341 hearing on September the 3rd.
[01:47:13.180 --> 01:47:20.180]  Ultimately, they did not want to move forward, so they adjourned it all the way out to November the 5th.
[01:47:20.180 --> 01:47:30.180]  In the meantime, I got my post-credit class, counseling class, and I filed that today on a form,
[01:47:30.180 --> 01:47:34.180]  I think it's called Form 423, official form, in the new tax and certificates.
[01:47:34.180 --> 01:47:38.180]  So I got that done, and they adjourned it for the 341 hearing.
[01:47:38.180 --> 01:47:45.180]  Now, in the meantime, Keybank filed a notice of mortgage payment two weeks ago.
[01:47:45.180 --> 01:47:54.180]  Keybank, that's the best deal, we'll be going on a credit, the junior lien holder, okay, without a proof of claim.
[01:47:54.180 --> 01:48:05.180]  And then moments, I think about a week ago, a motion to lift the state was filed by Nation Star Mr. Cooper.
[01:48:05.180 --> 01:48:12.180]  And, you know, remember that used to be the terrorist and that used to be HSBC.
[01:48:12.180 --> 01:48:16.180]  I transferred so many times, Randy, I can't even keep track.
[01:48:16.180 --> 01:48:18.180]  And there's no note.
[01:48:18.180 --> 01:48:21.180]  I've lost it, there's no bond.
[01:48:21.180 --> 01:48:29.180]  And Judge Buck, I brought it up in my mom's case about a year ago stating that you guys cannot move forward without a bond, UCC-3804.
[01:48:29.180 --> 01:48:34.180]  So now they're going to hear the stay on October the 1st, the hearing is set.
[01:48:34.180 --> 01:48:43.180]  And the rule clearly states that you have 14 days to respond to that motion to lift the stay, and that 14 days for me expired today.
[01:48:43.180 --> 01:48:47.180]  And I did file a very, very, very good response.
[01:48:47.180 --> 01:48:53.180]  I'm not going to sit here and talk about the whole thing, but so here's my question.
[01:48:53.180 --> 01:48:58.180]  They're going to have a hearing, no matter what, to lift the stay on October the 1st, but I did file my answer.
[01:48:58.180 --> 01:49:08.180]  And I got a court date set for November 5th, will they postpone the October court date and hear everything on November the 5th?
[01:49:08.180 --> 01:49:14.180]  Because that's my date.
[01:49:14.180 --> 01:49:17.180]  Have you asked them to do that?
[01:49:17.180 --> 01:49:18.180]  Yeah, yeah.
[01:49:18.180 --> 01:49:24.180]  Well, I already filed a notice of motion to...
[01:49:24.180 --> 01:49:26.180]  Okay, it's great.
[01:49:26.180 --> 01:49:29.180]  They made a motion to lift the stay.
[01:49:29.180 --> 01:49:32.180]  They did, not me.
[01:49:32.180 --> 01:49:37.180]  Yes, they made a motion to lift the stay, but you filed the answer saying they shouldn't lift the stay.
[01:49:37.180 --> 01:49:48.180]  And did you happen to refer back to where your lawyer previously put in there that they must have the note to prove that they have a note so they could be a stay?
[01:49:48.180 --> 01:49:50.180]  Yes.
[01:49:50.180 --> 01:49:55.180]  Well, it's a very, very good yes.
[01:49:55.180 --> 01:49:59.180]  You were talking about a November the 5th hearing and something in December.
[01:49:59.180 --> 01:50:04.180]  I missed the December thing.
[01:50:04.180 --> 01:50:05.180]  I don't know.
[01:50:05.180 --> 01:50:07.180]  I know we're nowhere near December.
[01:50:07.180 --> 01:50:09.180]  There's nothing separate December.
[01:50:09.180 --> 01:50:14.180]  What I was trying to say is that October 1st, they're trying to control the docket.
[01:50:14.180 --> 01:50:16.180]  So now I'm trying to control the docket.
[01:50:16.180 --> 01:50:21.180]  So we put our motion to be heard on our objection for November 5th.
[01:50:21.180 --> 01:50:28.180]  We've done that 30 days, by the way. So we got November 5th and whatever, just on the clock in the afternoon.
[01:50:28.180 --> 01:50:29.180]  So we got the date.
[01:50:29.180 --> 01:50:31.180]  So I don't think they can move forward.
[01:50:31.180 --> 01:50:32.180]  Obviously they can.
[01:50:32.180 --> 01:50:37.180]  There's no way they can move forward on October 1st because we responded within that 14-day block.
[01:50:37.180 --> 01:50:38.180]  You can only get 14 days.
[01:50:38.180 --> 01:50:44.180]  And if you don't respond to 14 days, nobody knows us because nobody reads the rules.
[01:50:44.180 --> 01:50:46.180]  Did you know they automatically grant that?
[01:50:46.180 --> 01:50:48.180]  You don't respond to 14 days?
[01:50:48.180 --> 01:50:50.180]  Yes.
[01:50:50.180 --> 01:50:51.180]  They're bad about that.
[01:50:51.180 --> 01:51:04.180]  And I think that you're covered in that November 5th, but it would sure be worth filing something in there to, like you said, nobody reads the rules.
[01:51:04.180 --> 01:51:15.180]  You could file another notice that this October 1st hearing must be stayed until November 5th to allow time for them to answer.
[01:51:15.180 --> 01:51:25.180]  And they can't go forward and tell that because the rules called for that time to, for you to use that time to prepare.
[01:51:25.180 --> 01:51:27.180]  I can probably, yes.
[01:51:27.180 --> 01:51:30.180]  I've been thinking about this week, so we got plenty.
[01:51:30.180 --> 01:51:43.180]  I would put another piece of paper in their pocket just showing that and showing why you shouldn't, nothing should be handled on October 1st because the rules say you haven't told November 5th is why you did that to allow for it.
[01:51:43.180 --> 01:51:49.180]  And that it's your request that the hearing from October 1st be moved to November 5th.
[01:51:49.180 --> 01:51:55.180]  The amazing thing is Randy's still there?
[01:51:55.180 --> 01:51:56.180]  Should be.
[01:51:56.180 --> 01:51:58.180]  Yeah, I'm still here.
[01:51:58.180 --> 01:52:02.180]  Randy, I gotta tell you this, this is pretty amazing.
[01:52:02.180 --> 01:52:07.180]  You know, the bankruptcy rule of $4,001, you don't have time to read the whole thing.
[01:52:07.180 --> 01:52:12.180]  And there's another rule and all this, but they have yet.
[01:52:12.180 --> 01:52:14.180]  I just checked Pacers and it was talking to you.
[01:52:14.180 --> 01:52:16.180]  They have yet to file a proof of claim.
[01:52:16.180 --> 01:52:19.180]  And here they want to lift the stand October 1st.
[01:52:19.180 --> 01:52:22.180]  There's no proof of claim file.
[01:52:22.180 --> 01:52:24.180]  Put that in your answers.
[01:52:24.180 --> 01:52:26.180]  That's mandatory.
[01:52:26.180 --> 01:52:28.180]  Don't pursue into the rule.
[01:52:28.180 --> 01:52:30.180]  Put that in your notice.
[01:52:30.180 --> 01:52:31.180]  It's in there.
[01:52:31.180 --> 01:52:32.180]  It's in there.
[01:52:32.180 --> 01:52:33.180]  It's already in there.
[01:52:33.180 --> 01:52:37.180]  It's a great, it's a great answer.
[01:52:37.180 --> 01:52:39.180]  It was like 13 pages long.
[01:52:39.180 --> 01:52:42.180]  And we, I don't have time to read the whole thing.
[01:52:42.180 --> 01:52:46.180]  And over the, you know, the show here, but it's, it's, it's fantastic.
[01:52:46.180 --> 01:52:48.180]  It really is.
[01:52:48.180 --> 01:52:49.180]  So it's filed.
[01:52:49.180 --> 01:52:55.180]  And I'm not sure if it's all the bankruptcy courts are uniform, but when you file a motion
[01:52:55.180 --> 01:53:01.180]  or for an objection to their motion to lift the state, you have to have a notice of motion,
[01:53:01.180 --> 01:53:05.180]  which is generally one page time and date and words can be held at and all that.
[01:53:05.180 --> 01:53:09.180]  The motion itself, you got to have the certificate of service and then you're going to have a
[01:53:09.180 --> 01:53:11.180]  proposed order attached to the back of it.
[01:53:11.180 --> 01:53:13.180]  Otherwise it's considered defective.
[01:53:13.180 --> 01:53:16.180]  And I've learned that about a year ago.
[01:53:16.180 --> 01:53:19.180]  So that's, you know, those are very important elements.
[01:53:19.180 --> 01:53:23.180]  You just don't file a motion thinking and do a certificate of service and think it's good enough.
[01:53:23.180 --> 01:53:24.180]  It's not.
[01:53:24.180 --> 01:53:29.180]  You got to have a notice of motion, the motion certificate of service.
[01:53:29.180 --> 01:53:33.180]  And by the way, when you serve these people, you got to serve the party that's coming after you,
[01:53:33.180 --> 01:53:39.180]  which this one is Nation Star, Mr. Cooper, and the trustees, which is the Chapter 13
[01:53:39.180 --> 01:53:41.180]  trustee and the U.S. trustee.
[01:53:41.180 --> 01:53:43.180]  So that's what I did.
[01:53:43.180 --> 01:53:44.180]  Extremely important.
[01:53:44.180 --> 01:53:48.180]  Otherwise you'll get a deficiency notice.
[01:53:48.180 --> 01:53:53.180]  And most people get their cases dismissed because they forget about that post-credit counseling
[01:53:53.180 --> 01:53:55.180]  class, too.
[01:53:55.180 --> 01:53:57.180]  I just finished that up.
[01:53:57.180 --> 01:54:05.180]  And you have 60 days to get that done after the first 341 hearing, which I got that done.
[01:54:05.180 --> 01:54:08.180]  So that's done.
[01:54:08.180 --> 01:54:12.180]  And I got an order issued today for me to start making bankruptcy payments.
[01:54:12.180 --> 01:54:16.180]  So I was glad about that.
[01:54:16.180 --> 01:54:18.180]  So that's where we're at.
[01:54:18.180 --> 01:54:23.180]  And I've never, you know, I just can't believe what's going on.
[01:54:23.180 --> 01:54:27.180]  In Keybank came in and filed their notice of mortgage payment, and I don't even have a mortgage with them.
[01:54:27.180 --> 01:54:30.180]  They say, oh, them all this money.
[01:54:30.180 --> 01:54:36.180]  So that's the dilemma I'm in right now.
[01:54:36.180 --> 01:54:41.180]  So we're going to hear everything, hopefully, and over November the 5th.
[01:54:41.180 --> 01:54:43.180]  So here's my question.
[01:54:43.180 --> 01:54:47.180]  You're saying I should respond and notify the court.
[01:54:47.180 --> 01:54:55.180]  I'm not sure if it should be like a notice or a motion to extend it out to November 5th based on my filing.
[01:54:55.180 --> 01:55:01.180]  Is that correct?
[01:55:01.180 --> 01:55:06.180]  Randy, you're doing that or you'll meet too, David?
[01:55:06.180 --> 01:55:09.180]  Yes, you should do that, Shane.
[01:55:09.180 --> 01:55:20.180]  Have you, has anyone talked to you before about making a demand for proof of agency and standing?
[01:55:20.180 --> 01:55:22.180]  No, sir.
[01:55:22.180 --> 01:55:25.180]  Okay, they're...
[01:55:25.180 --> 01:55:26.180]  Wait a minute, David.
[01:55:26.180 --> 01:55:30.180]  They haven't filed a proof of claim.
[01:55:30.180 --> 01:55:37.180]  I know they haven't, but they also cannot walk into that courtroom and talk at all if he demands they prove agency and standing.
[01:55:37.180 --> 01:55:44.180]  And if he files that in the courtroom, they can't open their mouth.
[01:55:44.180 --> 01:55:46.180]  Remember the old proof of agency and standing?
[01:55:46.180 --> 01:55:56.180]  And we used to file in there with the foreclosures that worked in sacred courts and it's worth its weight in gold if you have one of those handy.
[01:55:56.180 --> 01:56:01.180]  Who the heck are you?
[01:56:01.180 --> 01:56:09.180]  I don't know, never entered a contract with you, never entered a contract with your alleged principal.
[01:56:09.180 --> 01:56:14.180]  Who are you that you have standing to come before the court?
[01:56:14.180 --> 01:56:29.180]  It sounds like the same thing we do with the Texas Rules of Civil Procedure Rule 12 to say, I don't think this attorney is authorized to be bringing this claim.
[01:56:29.180 --> 01:56:31.180]  It's the same thing with the attorney with the rule of law.
[01:56:31.180 --> 01:56:32.180]  Exactly it.
[01:56:32.180 --> 01:56:36.180]  You said, I've checked your honor, this man cannot talk.
[01:56:36.180 --> 01:56:39.180]  An agent cannot prove standing.
[01:56:39.180 --> 01:56:43.180]  It must be the principal that proves standing.
[01:56:43.180 --> 01:56:47.180]  Agency cannot be proven by the agent.
[01:56:47.180 --> 01:56:49.180]  It must be proven by the principal.
[01:56:49.180 --> 01:56:53.180]  Yeah, agency cannot be proven out of the mouth of the agent.
[01:56:53.180 --> 01:56:56.180]  It must be proven out of the mouth of the principal.
[01:56:56.180 --> 01:56:58.180]  Absolutely.
[01:56:58.180 --> 01:57:01.180]  And I don't see any, I don't see a principal in this courtroom.
[01:57:01.180 --> 01:57:08.180]  It's only this lawyer and he cannot prove he has agency or standing to be in this courtroom.
[01:57:08.180 --> 01:57:10.180]  He cannot talk.
[01:57:10.180 --> 01:57:16.180]  And if they overrule you, then that's a feelable error.
[01:57:16.180 --> 01:57:23.180]  But I've had a person do that before and the judge said, well, they've asked that you prove agency and standing to you.
[01:57:23.180 --> 01:57:26.180]  I suggest you come back in here and bring your banker.
[01:57:26.180 --> 01:57:38.180]  Bring your agent or bring your principal that sent you here and have him get on the witness stand and show the proof of claim that he has.
[01:57:38.180 --> 01:57:40.180]  He has to have your contract.
[01:57:40.180 --> 01:57:44.180]  And if he can't show it, that man doesn't have standing to be in that courtroom.
[01:57:44.180 --> 01:57:49.180]  Anyway, that's just another last minute shot that you could do before the October 1st.
[01:57:49.180 --> 01:57:50.180]  You follow it before he goes in there.
[01:57:50.180 --> 01:57:53.180]  You could always argue it.
[01:57:53.180 --> 01:57:54.180]  Okay, thank you.
[01:57:54.180 --> 01:58:00.180]  Yeah, I was just wondering, maybe I'll just do a search on the web to find something on that.
[01:58:00.180 --> 01:58:05.180]  Randy, we're running out of time, but I'm going to send you my answer tonight if you want to check it out.
[01:58:05.180 --> 01:58:07.180]  Okay, send it to me.
[01:58:07.180 --> 01:58:15.180]  Thank you for calling Shane and especially thank you, David, for coming on and don't be a stranger.
[01:58:15.180 --> 01:58:16.180]  Okay.
[01:58:16.180 --> 01:58:22.180]  I'd like to do a show or two on taxes.
[01:58:22.180 --> 01:58:27.180]  But we get people concerned about taxes and you've always had real good information.
[01:58:27.180 --> 01:58:29.180]  So don't be a stranger.
[01:58:29.180 --> 01:58:30.180]  Thank you for coming on.
[01:58:30.180 --> 01:58:31.180]  Thank you all for listening.
[01:58:31.180 --> 01:58:37.180]  We'll be back next week at our regular time.
[01:58:37.180 --> 01:58:41.180]  I ran out of something to say, Brett.
[01:58:41.180 --> 01:58:43.180]  Listen, Randy, thank you, Brett.
[01:58:43.180 --> 01:58:46.180]  Randy, I appreciate being on and enjoyed talking about it.
[01:58:46.180 --> 01:58:50.180]  I didn't know who was going to cover all these areas.
[01:58:50.180 --> 01:58:57.180]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:58:57.180 --> 01:59:04.180]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says, verse by verse,
[01:59:04.180 --> 01:59:07.180]  helping you to know God and to know the meaning.
[01:59:07.180 --> 01:59:08.180]  Wow.
[01:59:08.180 --> 01:59:10.180]  What are your free times today from Bible?
[01:59:10.180 --> 01:59:13.180]  I just sat there and watched the clock.
[01:59:13.180 --> 01:59:15.180]  You went off the cliff, David.
[01:59:15.180 --> 01:59:16.180]  Yeah.
[01:59:16.180 --> 01:59:20.180]  Or visit us online at bfa.org.
[01:59:20.180 --> 01:59:22.180]  I do appreciate you, David.
[01:59:22.180 --> 01:59:24.180]  I haven't had you during a long time.
[01:59:24.180 --> 01:59:26.180]  You always do well.
[01:59:26.180 --> 01:59:27.180]  Well, that was fun.
[01:59:27.180 --> 01:59:28.180]  I enjoyed it.
[01:59:28.180 --> 01:59:32.180]  Hey, do you happen to have Shane's email after it?
[01:59:32.180 --> 01:59:34.180]  Yes, I do.
[01:59:34.180 --> 01:59:36.180]  The New Testament Recovery Version.
[01:59:36.180 --> 01:59:41.180]  I might be able to pull up one of those agencies' standing things and just send it to me.
[01:59:41.180 --> 01:59:50.180]  Hey, David, visit us online at bfa.org.
[01:59:50.180 --> 01:59:51.180]  Okay.
[01:59:51.180 --> 01:59:55.180]  I'll get one of these emails and forward it to you.
[01:59:55.180 --> 01:59:56.180]  Okay.
[01:59:56.180 --> 02:00:21.180]  And it's R-I-R-E, David at YAHOO.