Judicial Martial Law

Judicial Martial Law An accounting of the historic exercise of judicial power based on a true story

By

D. Randall Jenkins, Ph.D. 5672 East Circulo Terra Tucson, Arizona 85750 (520) 544-0472

Copyright © 2008, David Randall Jenkins. All rights reserved. Scripture quotations taken from the New American Standard Bible®, Copyright © 1960, 1962, 1963, 1968, 1971, 1972, 1973, 1975, 1977, 1995 by The Lockman Foundation. Used by permission. (www.Lockman.org)

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Table of Contents Abstract …………………………………………………………………………………. Chapter 1 – Introduction ………………………………………………………………….

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Part I - Historic Corruption in America Chapter 2 - The Unholy Alliance: The Church and the Informal Capital Market Cartel ……………………………………… The Informal Capital Market Cartel ……………………………………………… The Church and the Unholy Alliance …………………………………………….. Chapter 3 - Assassinations and other ICMC Illegal Activities …………………………. The Common Assassination Thread ……………………………………………. The Assassination of President Abraham Lincoln ……………………………….. The Family Traitor: Robert Todd Lincoln ……………………………………. Earlier Presidential Deaths ……………………………………………………. Other Non-violent Presidential Deaths ………………………………………… The Assassinations of Jack, Bobby, and Martin …………………………….. The Kennedy Curse and the Family's Robert Todd Lincoln Corollary …………………………………. The Inception of the Kennedy Curse: Joe Sr. ………………… The Kennedy Family Traitor: Edward M. Kennedy …………… Mary Jo Kopechne ……………………………………………. John, Jr. ………………………………………………………… The Supervisory Powers Court and the Kennedys ……………. Chapter 4 - ICMC Strategic Objectives ……………………………………………… Scripture's Notion of the Agrarian, Industrial, 33 and Information Economies …………………………………….. Agrarian Economy Capital and Operations Formation ………………… Capital Formation ……………………………………………… Operations Formation ………………………………………… Industrial Economy Capital and Operations Formation …………………. Capital Formation ……………………………………………… Operations Formation ………………………………………….. Information Economy Capital and Operations Formation ……………… Capital Formation …………………………………………….. Operations Formation …………………………………………… The Philosophical Economy ………………………………………………….. The ICMC Agrarian, Industrial, and Information Economy Objectives …………………………………………… The ICMC's Agrarian Economy Objective: Barriers to Economic Power Entry ………………………………………… The Compromise of 1850 ………………………………………………. The New Deal Legislation ………………………………………………

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11 11 14 20 20 22 23 25 26 26 27 28 29 30 31 32 33 33 34 35 35 36 36 37 38 40 40 41 43 43 44 45

The ICMC's Industrial Economy Objective: Managing the Uncertainties of the Factors of Production ………………………………………….. Worker's Compensation ……………………………………………….. Double Taxation …………………………………………………………. The ICMC Information Economy Objective: Manipulating Money Supply Pressures ………………………… Reaganomics …………………………………………………………….. Privatization of Social Security …………………………………………. Chapter 5 - The Federal Government's History of Conflicts with the ICMC ……………. The ICMC's Historical Confrontation with the Federal Government …………….. The Anti-Trust Legislation …………………………………………………… The ICMC Antitrust Legislation Retaliation ………………………………….. The Federal Government's Capitulation ……………………………………... Federal Racketeering Statutes ………………………………………………….. The Nixon Resignation ………………………………………………………… Reaganomics ……………………………………………………………………. Chapter 6 - The Supreme Court's Use of Informal Information Signals ……………….. The Court's Vogel Fertilizer Informal Information Signal ………………………. The Court's McNally Informal Information Signal …………………………….. The Attorney-Client Privilege Crime-Fraud Exception Informal Information Signals …………………………………….. The Darkened En Banc Ninth Circuit Courtroom Informal Information Signal ……………………………………

45 45 48 48 49 50 51 51 52 53 54 54 55 56 58 58 60 63 67

Part II - Why me, Lord? Chapter 7 - The Pre-JNC Years …………………………………………………………. My Military Service: A Russian Linguist …………………………………….. A World-Class Salesman is Born ……………………………………………… Time to Go to School …………………………………………………………. The Birth of JNC: Meeting Tim Shaftel ……………………………………… The Birth of a Business Leader ………………………………………………. The Move to Chicago ........................................................................................... Getting a Ph.D. …………………………………………………………………. JNC’s Real Estate Development Growth …………………………………….. The Power of Positive Thinking ……………………………………………….. Learning How to Pay Yourself ………………………………………………… The New Credit Enhancement Vehicle …………………………………………. Chapter 8 - W. R. Berkley Corporation, Admiral Insurance Company, and the Unlawful Transaction of Insurance ……………………………. The W. R. Berkley Corporation Financial Crisis and Wall Street Resolution ….. The Admiral Insurance Company Limited Partnership Financial Guaranty Bond Program ……………………………..

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72 72 73 76 79 82 82 83 84 86 87 87 88 89 93

The Likeness to Mortgage Guaranty Insurance and the Attendant Consequences ……………………………………. Chapter 9 -- The Admiral Bond Program and the JNC Business Plan ………………… The Admiral Approved JNC Business Plan ………………………………….. The Acquisition and Development Partnership ………………………… The Construction-Absorption Partnership ……………………………… The Non-Development Partnership ……………………………………. Chapter 10 – JNC Admiral Bonds: May 1984 - May 1985 …………………………….. The Club del Rio Project …………………………………………………….. The Sierra Sunrise Project …………………………………………………….. The Brill Medical Plaza Project ………………………………………………… The Anchor Savings Loans ……………………………………………………. The Search for a New Lender ………………………………………………… Northern Telecom International Finance, N.V. …………………………………. The Dakotah Hills Office Building …………………………………………….. The End of 1984 Projects ………………………………………………………. The Club del Rio Condominiums ………………………………………………… The Club Carmel Project ……………………………………………………….. The Encanto Canyon Project ……………………………………………………. The December 21, 1984 Loan Closing …………………………………………. The 1984 JNC Annual Report and the Coopers & Lybrand Debacle …………… The Search for a New Lender Arises Again ……………………………………. The First Five 1985 Admiral Bonds …………………………………………… The Copper Crest Project ……………………………………………………… The Brill Medical Plaza Refinancing …………………………………………… The Sunbelt Commerce Center Project ………………………………………… The Dakotah Hills Condominiums ……………………………………………… The Ina Thornydale Project …………………………………………………….. The Lincoln National Loan Closings …………………………………………… The Impending Admiral Bond Program Changes and other Problems …………… No Warm Tucson Reception for JNC's Success ……………………………….. Peter Beren and the Commercial Bribery Advisory …………………………… The Admiral Reinsurers' Summer 1985 Audit …………………………………. Chapter 11 -- The Hiatus ………………………………………………………………. Consequences of the Reinsurers' Summer 1985 Audit …………………………. The Effort to Replace Admiral …………………………………………………. Chapter 12 – JNC Fundings: October 1985 - June 1987 ……………………………….. Admiral's Solution for Substantively Retaining Its 1984 and 1985 Excess of Loss Reinsurance ……………………………… Admiral's Solution for Losing Its Excess of Loss Reinsurance Coverage ………………………………………….. Admiral's Futile Attempt to Transform the JNC Limited Partners' Obligations ……………………………… Admiral's Futile Attempt to Limit JNC Partner Participation …………………… Admiral's Request for End-of-1985 Sales of Shell Admiral Bonds …………….. Admiral's Request for End-of-1986 Sales of Shell Admiral Bonds ……………..

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New JNC Projects ………………………………………………………………. Westcourt Corners ……………………………………………………….. The Tack Room Project ………………………………………………… The Vail Road I-10 Project ……………………………………………... Arbor Pointe …………………………………………………………….. The Ventana Canyon Project ……………………………………………. The Quail Chase Project ………………………………………………… The Linda Vista Thornydale Project ………………………………….. 9800 North Oracle ……………………………………………………… Rillito Park ………………………………………………………………. The Working Capital Admiral Bonds ………………………………….. The Finisterra Residence ………………………………………………. The JNC Office Building ………………………………………………………. Randall's End-of-1985 Funding Mandate to JNC ……………………………… Randall's End-of-1986 Funding Mandate to JNC ……………………………… New Lenders …………………………………………………………………….. Kredeitbank …………………………………………………………… U.S. West Capital Corporation ……………………………………….. Chapter 13 – The ICMC, Reaganomics, and JNC …………………………………… The FHLBB Regulatory Changes …………………………………………….. The Tax Reform Act of 1986 ………………………………………………….. The 1986-1987 Arizona Corporation Commission S-2361-I Investigation ……. The JNC Response to the ICMC Information Economy Money Supply Pressure Objective ……………………………. The Canary Island Loans that Never Closed ………………………….. The CCRC Swiss Loan that Never Closed ……………………………. The Corporate Roll-Up Plan ……………………………………………………. The June 1987 Meeting with Berkley Executives ………………………………. Chapter 14 – Summer 1987 ……………………………………………………………. The Dale Myers’ Visit …………………………………………………………. The Bill Berkley Offer ………………………………………………………… The Exit Interviews …………………………………………………………… The Tucson and Phoenix Limited Partner Meetings …………………………… The JNC Project Meetings ……………………………………………………. The Day that Broke My Heart ………………………………………………… Moving in with Keith Dolgaard at Arizona Trust ……………………………. The JNC System Chapter 11 Filing …………………………………………… Chapter 15 – The JNC Litigation: The First Year ……………………………………. Fred T. Boice …………………………………………………………………. Marriage to Stacia ……………………………………………………………. The Effort to Reorganize ……………………………………………………… The First Criminal Charge ……………………………………………………. Chapter 16 – Pima County Cause CR-24054 …………………………………………. The Preliminary Hearing ……………………………………………………... The 83-GJ-008 Grand Jury …………………………………………………… The Extortionate Threat on My Life ………………………………………….

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160 161 162 164 166 166 167 167 168 168 169 170 171 175 177 177 177 178 185 185 188 191 198 199 202 205 206 210 210 211 212 215 219 220 221 222 226 226 228 230 231 234 236 237 239

Davidon’s Preliminary Hearing Lie ………………………………………….. Bound over for Trial …………………………………………………………. The Intangible Rights Doctrine Motion to Dismiss …………………………… The CR-28738 Vindictive Prosecution ………………………………………. The Petition for Special Action ……………………………………………… The Arizona Revisory Courts’ Denial of Justice …………………………….. Chapter 17 -- Federal Judicial Corruption in the JNC Litigation …………………….. The Economics of Official Corruption in the JNC Litigation ………………… The Scheme to Plea Bargain JNC …………………………………………….. The Bankruptcy Judge Retaliates …………………………………………….. The Internal Revenue Service and the Bankruptcy Court Judge …………….. The Contempt of Court that Never Was ………………………………………. The Direct Bribery Allegation to United States District Judge William D. Browning …………………………………. Chapter 18 – State of Arizona Official Corruption in the JNC Litigation …………….. Missing Court Records in the Pima County Superior Courts ………………… Judge Fleischman and the Exit Interviews …………………………………… The Arizona Corporation Commission’s S-2361-I Investigative Records ……. The State’s Dismissal of CR-24054 and CR-28738 …………………………. Murray Miller ………………………………………………………………… Chapter 19 – The Criminal Trial ……………………………………………………… Deep-Sixing My Criminal Defenses ………………………………………….. Me Take a Plea Bargain? ……………………………………………………... The CR-43071 Motion to Dismiss for Limitation of Action ………………….. Jury Selection ………………………………………………………………… Pretrial Issues ………………………………………………………………… The Trial ………………………………………………………………………. The Testifying Limited Partners ……………………………………… Leighton Rockafellow ………………………………………… Lute Olson ……………………………………………………. J. D. Nielsen ………………………………………………………….. Peter Beren ……………………………………………………………. The Jurors’ Notebooks ………………………………………………… Randall’s Testimony …………………………………………………… The Judge Leonardo and Howard Fell Off-the-Record Information Signals to the Jury ………………………………. Judge Leonardo’s U. S. Magistrate Application ……………………… The Court Reporter – Toni Henson …………………………………… The Verdict ……………………………………………………………. Chapter 20 – The Catharsis ……………………………………………………………. The Pima County Jail …………………………………………………………. The December 1, 1994 Sentencing …………………………………………….. The Alhambra Processing Facility …………………………………………….. The Arizona State Prison – Douglas, Mohave Unit ……………………………. The First Year …………………………………………………………………. The Catharsis …………………………………………………………………..

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Figuring Out the Corruption in My Case ……………………………………… The Divorce …………………………………………………………………… Attack, Attack, Attack ………………………………………………………… My Criminal Appeal ………………………………………………………….. The Abusive Litigant ………………………………………………………….. Let Me Go Home ……………………………………………………………….

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Part III -- Beauty and the Beast Chapter 21 – The South Unit Prison Facility …………………………………………… Arrival on the Yard ……………………………………………………………… The Kennedy Dorm ……………………………………………………………… Petition for Writ of Habeas Corpus in the Ninth Circuit ………………………. Casey v. Lewis …………………………………………………………………. More Visits ………………………………………………………………………. Assignment to Work in the South Unit Kitchen ………………………………. The Day Beauty Walked through the Door ……………………………………. Chapter 22 – Charlotte Johnson ……………………………………………………….. What’s in a Name? ……………………………………………………………… Precious Moments ……………………………………………………………… The Green Sweater Encounter ………………………………………………… The Gate 5 Truck Encounter ………………………………………….. The January 1997 Encounter ………………………………………….. The February 11, 1997 Encounter ……………………………………… The February 11, 1997 Afternoon Encounter …………………………. The February 12, 1997 Encounter …………………………………….. The Running Track Encounter …………………………………………. The Bouncing Pony Tail Encounter ……………………………………. The Tower 26 Encounter ……………………………………………… The Night out Back …………………………………………………… The Instructions and the Three Days in March ………………………… Chapter 23 – Hot Water ……………………………………………………………….. Three against One ……………………………………………………………… I’ve Got You Under My Skin …………………………………………………. The Saturday Night Church Services Informal Information Signal …………… The Visit to the Prison Psychiatrist ……………………………………………. Officer Carter Says Good-Bye …………………………………………………. Roll-Up ………………………………………………………………………….. The South Unit Exit …………………………………………………………….. Chapter 24 – Grace & Elegance ……………………………………………………….. Arrival on the Meadows Unit ………………………………………………….. The Running Regimen …………………………………………………………. Female Cop Informal Information Signals …………………………………….. Hallelujah! Jesus Save Me! ……………………………………………………. Even PhDs Use a Dictionary from Time to Time ………………………………

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Letter Writing and Cards for True Love Ways ………………………………… Grace & Elegance ……………………………………………………………. The First Radio Station Informal Information Signal ………………………….. Hide & Seek with the Chief Justice …………………………………………… The Perfect and Beautiful Woman ……………………………………………. Soul Mate ………………………………………………………………………. Chapter 25 – Déjà Vu ………………………………………………………………….. The Homecoming Queen’s Radiance ………………………………………….. The Shelter Blonde ……………………………………………………………. The Shell Gas Station Blonde ………………………………………………… Kim ……………………………………………………………………………. The Susan Solomon Painting ………………………………………………….. The Red Lion Abracadabra Image …………………………………………….. The Rich’s Department Store Fragrance ………………………………………. The Reincarnated Blonde Beauty Image ……………………………………… The Tax Class Image …………………………………………………………… My Soul Mate …………………………………………………………………... Babe Game Implications ………………………………………………………. Chapter 26 – The Babe Game ………………………………………………………… Babe Game Theories …………………………………………………………. The Second Coming Theory ……………………………………………. The “Does He Really Love Her or Is He Using Her?” Theory …………. The “In the Hide and Seek Game with the Chief Justice, Where Did He Really Hide Charlotte”? Theory ………………….. The Elle McPherson Theory …………………………………………… The Parts of Charlotte Theory …………………………………………. Babe Game Notables – The Faith Hill and Elle McPherson Scripture Interpretations ……………………………………………… Chapter 27 – Days of Innocence Revealed …………………………………………… The Radio Station Informal Information Signals ………………………………. Her Birthday …………………………………………………………………… Devotion Afar …………………………………………………………………. Chapter 28 – The Instructions …………………………………………………………. Habeas Corpus Preempted by Supervisory Jurisdiction ………………………. The Commencement of the Scripture Research ………………………………. The Miracles, Parables, and the Book of Proverbs …………………………… Undertaking the Genesis Creation Sequence …………………………………. Chapter 29 – The Birth of Grace and Elegance ……………………………………….. Hierarchical Structure …………………………………………………………. Hierarchical Structure Voices …………………………………………………. Prejudice ……………………………………………………………………….. Illusionary Consequence Variables ………………………………………….. APPGIT ………………………………………………………………………… The Z-Function Paradigm ………………………………………………………

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358 359 363 364 364 368 369 369 372 374 376 378 382 383 387 390 391 392 393 395 396 399 401 403 406 408 414 414 416 427 431 431 434 438 440 441 442 444 445 445 450 452

The Grace and Elegance Axioms ……………………………………………… Grace …………………………………………………………………… Elegance ………………………………………………………………. The APPGIT Language ………………………………………………………… Setting the Stage for Scripture Research ………………………………………. The Star of David ……………………………………………………………… Lamech’s Genealogy …………………………………………………… John The Baptist ……………………………………………………… Jesus Function …………………………………………………………. Christ Function ………………………………………………………… Chapter 30 – The Christ Model ………………………………………………………... Spiritual Infrastructure ………………………………………………………… Scripture’s Numerical References …………………………………………….. The Mountains of Ararat Accounting System …………………………………. Evidence Pythagoras Wrote Scripture …………………………………………. The Christ Model ……………………………………………………………… Reconciling Differences in Views of the World ……………………….. a. The Single Digit Difference Property ………………………... b. The Double Digit Difference Property ………………………. c. The Triple Digit Difference Property ………………………... Scripture’s Numerical Reference for Wine …………………………… Converting Water into Wine …………………………………………… The Christ Line ………………………………………………………… The Star of David ……………………………………………………… The Among-DGO Given Christ Function ……………………………… The Four-Digit Alignment Codes and the Books of Ezra and Nehemiah ……………………………………………….. Model Proof – Numbers Chapters 1, 2, and 26 ………………………………… Get Out of Here Woman! ……………………………………………………… The Christ Model Perception …………………………………………. The Deputy Warden ……………………………………………………. The Sword of the Gospel Truth Unchanging …………………………………..

453 454 455 457 459 460 461 469 472 474 478 479 481 484 488 491 491 492 492 492 494 497 499 499 499 500 501 502 502 503 503

Part IV -- The End Times Chapter 31 – Charlotte at Home with Randall …………………………………………. Released from Custody ………………………………………………………… Academic Papers ………………………………………………………………. 666, the Antichrist, and Satan …………………………………………. Algorithms for Converting Water into Wine — The Gospel of John, Chapter Two …………………………….. For the Glory of God: Why Cain Had to Kill Abel ………………….. Luke 15 …………………………………………………………………

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Missing Levite Position and Census [(∑Positionn, n), (∑Positionn)] Definition: A Numbers 3:22, 28 and 34 (STDG, APPGIT) Investigation ……………………………….. Ordered Conflict Resolution …………………………………………... Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework ……………………………… Sex after Death ……………………………………………………….. Social Choice Theory Competent Strategy Formulation: Lessons from the Scripture Writers ……………………………. Social State Definition and the Economic Control Systems Product …… The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (Numerical-Reference, Philosophical-Content) Nexus ………………………………… The 9-Day Multiplier and Cumulative Effects ……………………….. The Apostle Table — Part I — The Exogenous Pressures …………….. The Apostle Table — Part II — The (Pressures: Response) Transitivity .. The Apostle Table — Part III — The Endogenous Response ………… The Christ Model ………………………………………………………. The Genesis Creation Sequence: The Principles of Social Choice Theory Impossibility-Resolution ………………………………... Toward Numbers Chapters 1, 2 and 26 Twelve Tribe Position and Census Change Explanations …………………………………. Charlotte in the House …………………………………………………………. Chapter 32 – Academia and the Unholy Alliance ……………………………………… The First Test for the Ivory Towers of Academia; or, Notice the Day of Reckoning Has Arrived ……………………………. Academic Conferences ………………………………………………………… American Academy of Religion ………………………………………. American Accounting Association ……………………………………. AAA 2006 National Meeting …………………………………. Western Region 2006 Meeting ………………………………. The AAA 2005 National Meeting ……………………………. 11th Annual Ethics Research Symposium ……………………… Southern Economic Association ………………………………………. Association for Public Economic Theory ……………………………… Interdisciplinary Perspectives on Accounting …………………………. ASREC ………………………………………………………………… Paper Submissions ……………………………………………………………… Bekhol Derakhekha Daehu ……………………………………………. Éthique Économique …………………………………………………… Journal of Business Ethics …………………………………………….. Scandinavian Journal of the Old Testament …………………………… The Accounting Review ……………………………………………….. Southern Economic Journal ……………………………………………. Academic Correspondence ……………………………………………………..

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517 517 518 518 519 519 519 520 520 521 521 523 523 525 526 527 528 530 532 534 535 536 536 536 537 538 538 539 540 540

Kenneth J. Arrow ……………………………………………………….. Amartya Sen ……………………………………………………………. Bob Kaplan …………………………………………………………….. The Church Doles Out the Scripture Writers’ Inventions …………………….. APPGIT’s Formidable Proscription and Academic Research ………………….. Academia’s End-Run Research ………………………………………………. APPGIT Invalidates Supply and Demand Economics …………………………. The Unholy Alliance’s Corrupt Influence on Academia ………………………. Chapter 33 – The Chief Justice and Me ………………………………………………… My Pre-Incarceration Supreme Court Research ……………………………….. Letters to the Supreme Court and the Chief Justice …………………………… His Books ……………………………………………………………………….. Foretelling His Destiny ………………………………………………… All Laws But One ………………………………………………………. Grace & Elegance Confirmation ……………………………………….. The Hide and Seek Game ……………………………………………………… The Babe Game ………………………………………………………………… The Clinton Impeachment Trial ……………………………………………….. The Arizona Basketball Game …………………………………………………. Terminal Illness ……………………………………………………………….. Chapter 34 – The Chief Justice and the Supervisory Powers Court …………………… The Rehnquist Death and O'Connor Retirement ………………………………. College of William and Mary …………………………………………………… The Chief Justice’s Death ……………………………………………………… Teddy and Caroline ……………………………………………………………. Lute Olson ……………………………………………………………………… Southwest Gas Corporation ……………………………………………………. Fall 2008 ………………………………………………………………………… Chapter 35 – September 29, 2008 ………………………………………………………. The -777.68 DJIA ……………………………………………………………. Ordered and Unordered Context Horizontal Market Indices Signals ………….. Ordered Context ………………………………………………………………… Unordered Context ……………………………………………………………… The September 29, 2008 S&P500 ……………………………………. The September 29, 2008 NASDAQ ………………………………….. The (Ordered, Unordered) Context Relationship ………………………………. Chapter 36 – Monday, Monday ………………………………………………………… The Darkened En Banc Courtroom Signal ……………………………………. The Grace & Elegance Signals ………………………………………………… The “He Needs a Little Education” Signals ……………………………………. Who’s Cheatin’ Who? ………………………………………………………….. The Divine Correction Mandate ………………………………………………. The Election Results ……………………………………………………………. America’s Divisibility is a Kennedy Product …………………………………. Happy Birthday America ……………………………………………………….. Chapter 37 – The End Times ……………………………………………………………

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Happy Birthday Abe …………………………………………………………… The Public and the Court ……………………………………………………… Hang ‘em High …………………………………………………………………. Indicting the Church ……………………………………………………………. Executive and Legislative Branch Cover Up ……………………………………. Where to Go from Here ……………………………………………………….. The End Times ………………………………………………………………….

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Abstract The paper demonstrates the Judiciary's use of information signals in its battle with the Informal Capital Market Cartel. The signals communicate the nearly two hundred year old confrontation between the cartel and the federal government is coming to a close.

The

battleground is the Supervisory Powers Court of the Supreme Court of the United States. The accounting of this historic struggle is reported from my vantage of living as a ward of the Court's supervisory jurisdiction since 1983. It concludes by analyzing a series of reported changes in the Dow Jones Industrial Average and other market indices occurring in fall 2008 indicating the Court has won the war against the Informal Capital Market Cartel; and, is now targeting the cartel's complicity derived from an unholy alliance with history's most crafty foe -- the Church.

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Chapter 1 Introduction Judicial martial law: the federal constitution provides no clear indication what it means, what it involves, or how it relates to other constitutional rights, privileges, and immunities. Substantively, it derives from the exercise of the power to correct illegal conduct in the courts by the Supreme Court of the United States. By the exercise of its supervisory jurisdiction, the Court can address matters of public corruption in the halls of justice throughout the land. However, little is known about the scope of the supervisory powers doctrine. There are no publicly proclaimed rules of procedure that govern its operation, nor are the results of its exercise generally known. It is the most secret and heavy-handed form of judicial power exercised in the history of the United States. In its prior decisions, the Supreme Court has held its supervisory powers are innate to its existence under Article III of the United States Constitution, to wit:1 "[G]uided by considerations of justice," McNabb v. United States, 318 U.S. 332, 341 (1943), and in the exercise of supervisory powers, federal courts may, within limits, formulate procedural rules not specifically required by the Constitution or the Congress. The purposes underlying use of the supervisory powers are threefold: to implement a remedy for violation of recognized rights, McNabb, supra, at 340; Rea v. United States, 350 U.S. 214, 217 (1956); to preserve judicial integrity by ensuring that a conviction rests on appropriate considerations validly before the jury, McNabb, supra, at 345; Elkins v. United States, 364 U.S. 206, 222 (1960); and finally, as a remedy designed to deter illegal conduct, United States v. Payner, 447 U.S. 727, 735 -736, n. 8 (1980).2 It is the Court's power to correct illegal conduct in the courts upon which this accounting of its supervisory powers is centered. It is this aspect of the supervisory powers doctrine that is most like the exercise of judicial martial law.

1

Also, see, A. C. Barrett. The Supervisory Power of the Supreme Court. Columbia Law Review (Vol. 106:324, 2006). 2

United States v. Hastings, 461 U.S. 499, 506 (1983).

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When the Court acquires supervisory jurisdiction over a person or property in its undertaking to correct illegal conduct in the courts, it does so with transparent authority it invokes under Article III of the United States Constitution. In such regard, this Article III power is like an emergency exercise of authority when other law enforcement agencies are unable to maintain public order and safety; the classic definition of martial law. Martial law is not explicitly mentioned in the United States Constitution, but the suspension of habeas corpus is mentioned in Article 1, Section 9, and the activation of the militia in time of rebellion or invasion is mentioned in Article 1, Section 8.3

Specifically,

Art.1,§9,U.S.Const. provides: The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. As a result and as it was in my case, when the Court acquires supervisory jurisdiction over a person and his or her property in its undertaking to correct illegal conduct in the courts, all other constitutional rights and liberties, including the right to the Great Writ, can be suspended on the transparent grounds that the public's interest in eviscerating official corruption in the courts outweighs an individual's interest in his or her right to be free from a criminal conviction obtained through a constitutionally impermissible fraud on the court.4 It is also foreseeable that as the Court extends its exercise of this little known power, other constitutional rights can be suspended in favor of the exercise of Article III supervisory powers for the public good. For example, if the Supervisory Powers Court has already adduced the facts in a case involving illegal conduct in the courts, does one charged with such illegal 3

U.S. Constitution Online, http://www.usconstitution.net/consttop_mlaw.html.

4 A fraud on the court usually involves bribery of court officers. Generally, a judgment had by a fraud on the court is regarded as void ab initio. However, a fraud on the court involves the same illegal conduct invoking the Court's supervisory jurisdiction. Therefore, the right to Habeas Corpus, as in my case, can be suspended in favor of the Court's exercise of its supervisory jurisdiction; the latter cause being greater in the public's interest.

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conduct enjoy the litany of constitutional guaranties such as the right to counsel or the right to a jury trial? Or, are such basic rights likewise suspended in the exercise of the Court's supervisory jurisdiction? If the Supervisory Powers Court finds a defendant guilty and imposes judgment, is there a right to review? If the Supervisory Powers Court is held by one Justice, perhaps there is a right to review by the whole Court. However, the imposition of a sentence is bound to be swift. The exact accounting for such procedures will have to wait the occasion, if it ever arrives, when the Court reveals the procedures it adopted in the historic exercise of its supervisory jurisdiction. In this regard, the paper accounts for my experience as a ward of the Supervisory Powers Court, which commenced in 1983. The reader has to realize, however, I did not receive an Order in the mail, nor was I served with an Order or any document that informed me that such was the case; only the experiences I incurred in my litigation, and through the Court's use of informal information signals, have I been able to conclude the Court acquired supervisory jurisdiction over my person and property now twenty-six years in the making. The Court's use of informal information signals includes matters antedating my criminal conviction, incarceration, and post-incarceration experiences. I am not claiming to know all the inter-workings of the Court's exercise of its supervisory jurisdiction; but can only surmise its scope, objectives, and activities out of these experiences. The overriding public interest in the Court's exercise of its supervisory jurisdiction, including my litigation cases, implicates the historic confrontation between the Informal Capital Market Cartel (ICMC) and the federal government. The struggle for economic policy control between the ICMC and the federal government is rooted in the transition from the agrarian economy in the United States to the industrial revolution and the emergence of organized

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markets for the allocation of capital; ostensibly, an issue rooted in the divisive factors underscoring the Nation's Civil War. From an understanding of these historic confrontations, supported in some instances by the Court's use of informal information signals, the paper explains that the current financial crisis facing America and the rest of the world was orchestrated by the ICMC to challenge the Supervisory Powers Court's correction of official corruption in the Nation's courts, extending tangentially to courts throughout the world. Such adverse economic consequences represent a classic ICMC signature characteristically undertaken by the ICMC to combat governmental authority: bludgeon the public with devastating financial hardship until the federal government caves in to the adverse economic pressures. The executive and legislative branches of the federal government capitulated to the ICMC's use of the Great Depression to combat the anti-trust attack on ICMC-based monopolistic power. It was called the "New Deal." But, it was really a dark day for economic freedom in America and throughout the world; those who wielded centralized control over the allocation of capital acquired control over the executive and legislative branches of the federal government. The last bastion of hope was the judicial branch of government. The ICMC's transparent strategy to control the judicial branch of government since the Great Depression was simple and straightforward: by effecting official corruption in the trial courts such as to deprive appellate jurisdiction over cases where corruption had derived the trial court outcome was tantamount to control over the judiciary.

The paper accounts for the

application of that strategy in my litigation experience, including my criminal litigation experience.

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It appears Chief Justice Rehnquist was the driving force behind the Court's exercise of supervisory jurisdiction; a passion that would become his legacy and enlace my life. 5 Although it was ideal that the force of judicial martial law remain secret, it is foreseeable that the breadth of the Court's supervisory activities would eventually become discerned by ICMC factions. As a result, when the Court realized the Chief Justice was gravely ill, it appears it established a separate Supervisory Powers Court at the end of its 2004-2005 term just prior to the Chief Justice's death on Saturday, September 3, 2005. Indeed, a scant two months before Chief Justice Rehnquist's death, it appears Madam Justice Sandra Day O'Connor resigned her position as Associate Justice of the Court on July 1, 2005 ostensibly to become the presiding Justice of the Supervisory Powers Court; a transparent strategy to foreclose undue influence on the Rehnquist Court's exercise of supervisory powers by incoming justices, including the incoming Chief Justice who would replace the ailing Rehnquist. That is, as Chief Justice Rehnquist's illness brought him closer to death, Madam Justice O'Connor ostensibly assumed his responsibilities in overseeing the Court's exercise of supervisory jurisdiction. The establishment of the separate Supervisory Powers Court required her resignation as a Supreme Court Justice. In the process, it is reasonable to expect the entire Court thereby adopted Supervisory Powers Court rules and procedures. Any change in same would require a Court majority and, as a result, would require several justices to be replaced before the Rehnquist Court's supervisory charge could be impaired. The paper concludes with the explanation of some of the most recent informal information signals that clearly indicate the ICMC stranglehold on America and the world has

5

The facts and circumstances opening the door that led to the Court's supervisory confrontation with the ICMC centers around certain matters derived from litigation matters in 1989 related to my cases and, moreover, I believe the Court's informal information signals recently proffered support such a conclusion.

-5-

come to an end. That is, ultimately the Court's historic exercise of judicial martial law has finally concluded the great conflict underscoring the Nation's Civil War. The informal information signals interpreted in this book are defined by the change in the Dow Jones Industrial Average (DJIA) for the NYSE on Mondays in fall 2008.6 These numerical values are interpreted in the paper based on my scripture deciphered social choice theory research and facts and circumstances based on my experience as a ward of the Supervisory Powers Court. The good news is that they represent the Supreme Court of the United States has won the battle between the ICMC and the federal government. The book is divided into four parts, each part containing several chapters. Part I – Historic Corruption in America details – 1. The evolution of the unholy alliance between the Church and the Informal Capital Market Cartel; 2. The theories explaining presidential and public person assassinations as an instrument of the ICMC's police power undertaken pursuant to the unholy alliance; 3. The Church's perception of scripture's four states of the economy and the ICMC's strategic objectives within the setting of the agrarian, industrial, and information economies; 4. The ICMC's historic confrontations with the federal government, including its strategy to control the federal judiciary through trial court corruption and appellate jurisdiction deprivation; and,

6 Although I first realized the Court’s use of stock market index change values as an informal information signal by and through the DJIA, I later realized the Court also incorporated the NASDAQ Composite and S&P 500 indices, and their sum, to metaphorically implicate matrix operations. I will explain matrix operation significance in interpreting the Court’s market index change informal information signals in Part IV The End Times.

-6-

5. The Supreme Court's use of informal information signals in its effort to find a supervisory jurisdiction opening to combat ICMC official corruption and how the Court found that opening in my litigation. Part II – Why Me Lord? details – 1. My education and experiences leading to the formation of The JNC Companies; 2. The W. R. Berkley Corporation and Admiral Insurance Company scheme to orchestrate a financial bail-out following the insurance industry crisis of the late 1970s and early 1980s; 3. The important characteristics of the Admiral limited partnership financial guaranty bond program that distinguish it in the industry and align it to the characteristics of mortgage guaranty insurance; 4. The JNC Business Plan tailored to the Admiral Bond Program; a partnership financing structure that sounds in substantive mortgage guaranty insurance 5. The first year Admiral issued bonds for the JNC limited partnerships; 6. The Admiral excess of loss reinsurers summer 1985 audit and its tell-tale consequences; 7. The 1985 hiatus in Admiral’s issuance of financial guaranty bonds for the JNC projects; 8. The post-summer 1985 audit Admiral requirements to distance itself from the unlawful transaction of substantive mortgage guaranty insurance; 9. The ICMC’s information economy money supply objective, Reaganomics, and the JNC projects; 10. The Admiral instigated Arizona Corporation Commission S-2361-I investigation; 11. The JNC system Chapter 11 reorganization bankruptcy proceedings and the scheme to steal its $200 million in assets by and through official corruption;

-7-

12. The scheme to charge me with 375 felonies to quash his effort to reorganize the JNC partnerships’ bankruptcy estates in furtherance of the W. R. Berkley Corporation racketeering enterprise’s unlawful objectives; 13. The scheme to convict me in Pima County Cause CR-43071 on 58 felonies for violating Arizona’s securities laws; 14. My divorce from Stacia; and, 15. The Supreme Court orchestrates my catharsis while I am incarcerated, enabling me to deduce the facts leading to my criminal conviction unconstitutionally obtained by a fraud on the court through official corruption (i.e., bribery). Part III – Beauty and the Beast details – 1. The Supreme Court’s decision to sequester me while it pursued the official corruption down a path leading to the ICMC hierarchy; 2. The Supreme Court’s introduction of a woman’s beauty to fill my heart with love, shared through a report of the love story that unfolded between a beautiful female prison guard and me; 3. The Supreme Court denies taking jurisdiction over my Petition for Writ of Habeas Corpus; 4. The game between Chief Justice Rehnquist and his cohorts versus me to figure out where I hid the beauty of loving the prison guard in the presence of God; 5. The Scripture Research undertaken to prepare for blessed marriage with the prison guard, an important aspect of this story because it was this love that led to my scripture research and the decipherment of the Messiah – the sacred marriage between the Sacred Feminine and scripture's Primary Deity, the Great I Am – and the distinction between the Messiah and the Christ; and, 6. The Supreme Court’s use of radio and television informal information signals. -8-

Part IV—The End Times details – 1. The ailing Chief Justice, his death, Madam Justice Sandra Day O’Connor’s retirement, and the creation of the Supervisory Powers Court; 2. The Supervisory Powers Court's current use of changes in the Dow Jones Industrial Average and other stock market indices reported on Mondays in fall 2008 as an informal information signal to communicate it has prevailed against the ICMC's historic corruption and is turning its sights to the unholy alliance partner -- the Church; 3. The Supervisory Powers Court’s plan to transition from a global economy strangled by ICMC corruption in an unholy alliance with the Church to a global economy defined by (individual: societal) well-being transitivity; 4. The 2008 Congressional bail-out response to the Supervisory Powers Court’s denial of access to the capital markets on “an ICMC business as usual” basis; 5. The federal government executive and legislative branches’ failure to tell America the truth about their respective historic allegiances to the corrupt ICMC, knowledge of the Supervisory Powers Court’s activities and uncertainty as to how to deal with the historic transformation from corruption to competent social welfare; and, 6. The scripture-based solution for effecting (individual: societal) well-being on a global basis, and its foreseeable consequences including global peace, eradication of terrorism, retardation of illegal drugs, and the evisceration of the illegal alien problem, all symptomatic of the historic ICMC corruption undertaken in an unholy alliance with the Church.

-9-

Part I Historic Corruption in America

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Chapter 2 The Unholy Alliance: The Church and the Informal Capital Market Cartel Probably never before in the history of recorded human events has there ever been an alliance more unholy than the one formed between the Church and the ICMC. The argument set forth here defines the birth of the ICMC; which consists of the loosely organized set of individuals who, then and now, collectively control access to the nation's capital markets. The unholy alliance is grounded in the Church's ability to deliver quelled hoi polloi in furtherance of reducing labor production uncertainties in the emerging industrial revolution.

The Informal Capital Market Cartel The industrial revolution emerged from the agrarian economy in the United States, by some accounts, as early as the mid-1780s.7 However, most historians agree that the period in which the greatest economic and technological progress occurred was between the end of the 18th century and the beginning of the 20th.8 During this period the Nation was transformed from a primitive agricultural economy to the foremost industrial power in the world, with more than a third of the global industrial output.9 Prior to the American Revolution, New England had the lowest per capita wealth while the South, transacting in the world's commodity markets, had grown faster and was wealthier on a per capita basis.10 Following the Revolution, however, the fortunes reversed.11 It wasn't so

7

Rothenberg. The Emergence of a Capital Market in Rural Massachusetts, 1730-1838. The Journal of Economic History. Vol. XLV, No. 4. (December 1985). 8

Id.

9

http://en.wikipedia.org/wiki/Technological_and_industrial_history_of_the_United_States

10

Rothenberg 1095, 781.

11

Id.

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much that growth in the South had ebbed but that growth in the North had accelerated. 12 The difference concludes in the emergence of the young nation's first capital market in Massachusetts.13 Scholars attribute the enhanced liquidity of a rural economy to its transformation; the embryonic industrial economy transcending.14

Enhanced liquidity is characterized by the

transition from unilateral and personal capital forming relationships to multilateral and impersonal capital forming relationships.15

That is, capital market formation is characterized by

the emergence of three characteristics: 1. A developing capital market alters the "structural elements" of the capital-transfer process: Interest rates are freed to behave like market-clearing prices, credit instruments become more fully negotiable, and new investment opportunities appear, accompanied by new financial intermediaries to service them; 2. A developing capital market both thickens in density and expands in space, as evidenced by the increasing size and widening geographical spread of individual credit networks; and, 3. A developing capital market enhances the liquidity of financial instruments and therefore the propensity of rural wealthholders to substitute them for physical assets.16

12

Id, 781-2.

13

Id, at 806.

14

Id.

15

Id.

16

Id. Rothenberg suggests this third characteristic may be the most important role the capital market played in the transformation of the agricultural economy. Id, at 783.

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In the antebellum period, the southern economy was unable to generate a comparable growth spurt.17 This failure may have been due to the South's failure to evolve a comparable capital market.18 Some academics attribute this failure to the anomaly of increasing risk aversion in the South over time, even into the 1870s.19 The South's risk aversion may have been grounded in impossibility-plagued social choice theory issues. Social choice theory addresses (individual: societal) well-being transitivity.20 Although impossibility-plagued social choice theory was not demonstrated until the mid-20th century,21 the foreseeable illusionary consequences of ordered welfare progression22 probably underscored the South's risk aversion. The North's ICMC countered the South's risk aversion arguments with strategies designed to manage the variability of expected outcomes; an impermissible migration from empirical evidence to theory.23 History reveals these strategic objectives; here, we will assume they were

17

Id, at 782, n. 5.

18

Id.

19

Id; citing, Atack, Bateman, Weiss. Risk, the Rate of Return, and the Pattern of Investment in Nineteenth Century American Manufacturing. Bureau of Economics and Business Research of the University of Illinois. Reprint No. 464 (Champaign-Urbana, n.d.). 20

Sen, A. K. "The Possibility of Social Choice." The American Economic Review, 89(3), June 1999, pp.

349-378. 21

Arrow, K. J. Social Choice and Individual Values. Monograph No. 12. Cowles Commission for Research in Economics. New York: Wiley (1951, 1963). 22

Jenkins, D. R. Ordered Conflict Resolution. Unpublished Working Paper (February 2006), 40 pages. Available at http://pbwmodel.com/OCR.pdf. 23

Zimmerman recognizes theory construction and empirical research interact. Zimmerman, J. L. "Conjectures Regarding Empirical Managerial Accounting Research." Journal of Accounting & Economics. Vol. 32 (2001), pp. 411-427. However, Zimmerman's conclusion that rich empirical settings stimulate theory just as theories stimulate empirical work is a dangerous conclusion. That is, (theory: empiricism) transition is not reflexive. In hierarchical structure terms, theories are contextual and, accordingly, lower order analogous while empiricism is content analogous and, accordingly, higher order in nature. Since theory is inherently lower order, it embraces ordered empirical interrelationships where such interrelationships are unconfused. However, Jenkins' Antithetical-Primary Population General Impossibility Theorem [APPGIT], attributed to the scripture writers'

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foreseeable by the North's ICMC at times leading into the Civil War and following the divisive conflict, to wit: 1. The Agrarian Economy Objective: Using political processes such as law and regulation to further the mandate of ICMC centralized control over the allocation of capital; including promulgation of barriers to entry; 2. The Industrial Economy Objective:

Using political processes such as law and

regulation to manage the risks of expected outcomes, notwithstanding constitutional rights victimized by such risk management strategies; and, 3. The Information Economy Objective:

Using political processes such as law and

regulation to increase money supply pressures on the capital markets by shifting money supply pressures away from other investment sectors of the economy. The ethics of interposing such risk management strategies to support the Nation's emerging capital markets was obviously a source of significant conflict between Northern and Southern interests. One of the pawns of negotiation in the antebellum period was the labor resource represented by slaves; the South's agrarian property interest versus the North's source of cheap industrial labor. The Civil War ensued over these matters.

The Church and the Unholy Alliance It is alleged the Church was an interested party in the strife unfolding between young America's Northern and Southern factions as well as in other world economies undergoing

ordered relations theory, stands for the proposition that (unordered: ordered) transition is generally impossible in the ordered subjective reference setting. Jenkins, at n. 15. Generalizing this holding concludes empirical observations not grounded in conflict resolving reference ethics generally implicate ordered and confounded hypotheses. Moreover, prospective (ordered: unordered) position transition requires either the presence of an ordered objective reference theoretical framework on which to hang its hat or empowerment so endowed. Else, APPGIT's formidable illusionary consequences await the unsuspecting victim. Absent ordered objective reference evidence, the conclusion is that ordered subjective reference empiricist claims of adduced theory are illusionary.

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industrial economic processes.

That is, the Church recognized world economies were

undergoing transition from unilateral and personal capital forming relationships in the agrarian economy to the multilateral and impersonal capital forming relationships in the industrial economy. This transition threatened the Church's world influence and control; a position it was transparently unwilling to relinquish. It is alleged the Church has possession of scripture's decipherment key which translates the quantitative and qualitative metaphors adopted by its writers in preserving the ethics endowed economic theories of the great thinkers of Greek philosophy led by Pythagorean scholarship. These ethics endowed economic theories distill impossibility-resolved social choice theory and capital formation policies effecting (individual: societal) well-being transitivity.24 Antedating the industrial revolution, it is transparent the Church's world influence and control is rooted in its third century agreement with Constantine, the Christian ruler of the Holy Roman Empire.25 It is alleged the Church disclosed the essence of the decipherment key's impossibility-resolved social choice theory paradigm to Constantine. By and through such disclosure, the Church intended to persuade Constantine its decision to mask the tenets of scripture's impossibility-resolved social choice theory model in favor of maintaining the myth scripture's characters, including Jesus and Christ, actually walked the face of the earth was in the Roman Empire's best interests. The Church could deliver quelled hoi polloi in the battle over the allocation of scarce resources by persuading Rome's laborers while their lot in life was hard and not as rewarding as others they would earn the right to heaven's kingdom if they followed the Church's behavioral

24

See, Jenkins, at n. 15.

25

http://en.wikipedia.org/wiki/Constantine_I_(emperor).

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mandate.

That is, the Church proposed to Constantine the Church should maintain its

decipherment secret and the Jesus myth as a means for reducing uncertainties among the labor factors of production in a world where national power was increasingly a function of the certainty of the nation's economic productivity. In consideration therefor Constantine agreed the Church would be the Holy Roman Empire's religious authority; a decree the Church would build upon in its relations with other world powers in the centuries to come. The Church, however, also added an important dimension to its unholy alliances with world governments. Relying on the impossibility-resolved social choice theory model developed by the great thinkers of Greek philosophy, the Church was able to provide economic counsel consistent with the scripture writers' ethics endowed economic tenets as it observed economic progression throughout the world.

This transparently became an important part of its

relationship with young America's ICMC from the inception of the unholy alliance. From the Church's perspective, this unholy barter, referred to herein as the "Constantine Agreement," succeeded because the distribution of unilateral and personal capital forming relationships characterizing the agrarian economy was decentralized in comparison to centralized governmental authority. That is, the Church made its deal with the centralized power base; not the decentralized power bases. The centralized power base fulfilled the Church's ideal for a socio-economic partner. First, the Church's disclosure of its decipherment secret was to educate its centralized power adversary the consequences of the antithesis of quelled hoi polloi in managing the risks of the labor factors of production. In the hypothetical event the hoi polloi were to learn (i) the Church's decipherment secrets and (ii) the fact that Jesus and the Christ were metaphors in an ethics endowed economic model and never existed in fact, the foreseeable and ensuing unrest in the

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battle over scarce resources would hold calamitous economic consequences for the Church's socio-economic partner.

By making this disclosure, therefore, the Church endeavored to

establish itself as a meaningful diplomatic equivalent worthy of its demands. The Church's negotiation tactics changed little over the ensuing millennia. That's because from 300 A.D. until the Revolutionary War world authorities were dominated by monarchical structures characterized by centralized authoritative power.

The American democratic

government and the emerging industrial economies, however, caused the Church to rethink the nature of its socio-economic partnerships; a necessary condition for maintaining its own world political position. In the antebellum period, the Church foresaw the forthcoming policy struggle between centralized control over multilateral and impersonal capital forming relationships and the young American democracy; a decentralized government compared to the monarchical centralized authority. The emergence of the decentralized government in America and, later, in France threatened the Church's political power. The value of the Church's scripture decipherment secrets in the world's emerging industrial economies is found both in policy formulation, perceived as a centralized government function, and factors reducing industrial productivity uncertainties, perceived as a function of centralized control over emerging multilateral and impersonal capital forming relationships. The nature of government in the young America was different than the monarchy-based centralized governments of Great Britain and Europe.

America's democratic processes substantively

decentralized governmental authority among its voting population base. Moreover, who would succeed in power, in the long run, was not known with the kind of certainty the Church had become used to in dealing with the world's monarchies.

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Given the outcome of the Revolutionary War, where government by the people prevailed over government by monarchy, and the ensuing industrialization of the North, the Church foresaw emergence of government by the people as an undesirable substantive decentralization of authority for purposes of maintaining a Constantine-like agreement. However, the Church found an emerging diplomatic alliance by and through centralized control over multilateral capital forming relationships as a ready surrogate for continuing a Constantine Agreement in nations governed by democratic processes. It is apparent the Church foresaw its role in emerging industrial economies as a significant influence in reducing the uncertainties of labor factors of production by delivering quelled hoi polloi in a world rife with conflict over the allocation of scarce resources. In the antebellum period, therefore, the Church foresaw a need to include the emerging ICMC as an industrial economy Constantine Agreement partner. Several factors accounted for this control-retention strategy. First, the Church viewed the confidentiality of its scripture decipherment secrets differently in nations ruled by monarchy versus nations ruled by democratic processes. Monarchy succession generally meant the Church's scripture decipherment secrets were limited to knowledge by a few. However, democratic succession generally meant the Church's scripture decipherment secrets would foreseeably become widespread, thereby increasing the risk of disclosure and weakening of the Church's political power. The Church foresaw the emerging ICMC as a monarchy-like center of influence in nations characterized by government by democratic processes and foresaw the emerging ICMC as more influential in determining the factors governing economic policy. As a result, the Church extended its Constantine Agreement to the ICMC and prevailed upon the ICMC to police

- 18 -

the secrecy of the Church's scripture decipherment secrets to enable the Church to deliver its end of the bargain in reducing the uncertainty of the labors factors of production. As revealed in the next Chapter, the unholy alliance between the Church and America's emerging monarch-like ICMC would result in many assassinations of America's presidents and leaders.

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Chapter 3 Assassinations and other ICMC Illegal Activities There may well be a common thread that explains assassinations and premature deaths of America's presidents and leaders. The theory is presented here in the first instance and points to the unholy alliance between the Church and the ICMC as the perpetrator of organized criminal activity.

The Common Assassination Thread Throughout history the Church has exercised its brand of political power diplomacy: 1. First, the Church discloses to the world's governments that it is in sole possession of scripture's decipherment key.

It makes this disclosure to create negotiating value against

decipherment disclosure consequences. The Church's argument is that the hoi polloi is unable to comprehend the sophistication of the Greek philosophers' theories but have historically responded to prima facie lessons from scripture's teachings. The response is characterized as quelled behavior against the unfair allocation of scarce resources. The Church advances the further argument that if the hoi polloi ever learned neither Jesus nor the Christ ever lived on the planet in the flesh the foreseeable and ensuing unrest would threaten global peace and increase the uncertainty of labor production factors in the struggle over the allocation of scarce resources. As a result, the Church holds hostage any government that learns its scripture decipherment secret. 2. Second, the Church declares it will continue its role as the keeper of hoi polloi peace in the proliferation of a dogma based not on the truth of scripture but on a Jesus and Christ soulsaving agenda where a better lot awaits in the kingdom of heaven than on the short end of the resource allocation stick on earth.

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In such diplomatic discussions the Church probably expresses a willingness to disclose scripture's decipherment secrets but counsels against it on the grounds articulated in point 1, supra. History also reveals evidence the Church's brand of political power diplomacy did not reveal the totality of scripture's encrypted secrets, particularly the tenets of ordered conflict resolution -- the ethics interface enabling impossibility-resolved social choice theory.26 For example, it is alleged the advent of communism in the Soviet Union and China were engendered by the Church's (agrarian: industrial) economy diplomatic agenda in the mid-1800s. However, while those political models reject organized religion, probably owing to the disdain held for the Church's diplomacy, they are not predicated on the tenets of ordered conflict resolution. That is, their shortcomings belie the fact the Church did not disclose all of scripture's deciphered secrets.27 As discussed in the previous section, the Church developed its alignment with the ICMC for several reasons. First, the Church recognized the need to maintain confidentiality in its disclosure that it is the only possessor of scripture's decipherment key.

In monarchical

governments, the Church found a socio-economic partner where the requisite confidentiality would survive the generations. However, the American democratic process separated socioeconomic policy formulation into two factions: the government as the social policy protector and the ICMC as the economic policy protagonist. While the American democratic process

26

The Church probably acted boldly in these diplomatic engagements because all the effort to disseminate scripture in the Middle Ages, indeed a war in and of itself, did not lead to the decipherment of scripture's fundamental encrypted social welfare agenda: ordered conflict resolution. 27 There is some evidence the Soviet Union made an investment to decipher scripture's fundamental secret. While serving as a Russian linguist in the United States Air Force I learned the Russian's air traffic control code for an airplane's landing glide path: 1001. This numerical reference is used in scripture to implicate alignment in the will of God; a sort of glide path.

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invoked a substantive decentralized government by the people, the ICMC represented the continuation of a monarchical authority in the developing nation. The Church appealed to the ICMC's economic interests to police the decentralized American government. The exercise of the ICMC's police power in American history is sadly violent.

The Assassination of President Abraham Lincoln The theory underscoring the ICMC motive for President Lincoln's assassination and its responsibility for same are presented in this book in the first instance. To be sure, the strife underscoring the Civil War disturbed President Lincoln's conscience. America lost a lot of its youth to the tragedy of this divisive conflict. In Lincoln's contemplative mind, he surely thought about all lives lost; a burden heavy and unimaginable. As Lincoln reflected on America's future on the eve of Reconstruction he may have given some thought to the state of affairs wrought by the Church's brand of diplomacy and the ICMC's intention to make use of the price for lives lost in the Civil War: transform the South's slavery property interest to the North's cheap form of industrial labor; a transformation in form but not in substance. Now on the eve of an industrial revolution that would proceed unchecked, Lincoln knew America would become hostage to the emerging and certain monarchical tyranny of the ICMC. Lincoln probably reflected on America's history and the price she paid for her release from monarchical tyranny.

He contemplated a strategy to diffuse the ICMC's stranglehold on

America's capital markets. He concluded that strategy involved disclosure of the Church's scripture decipherment secret. By taking that away from the ICMC, Lincoln surely foresaw the resulting unrest among the labor factors of production in the struggle over fairness in the allocation of scarce resources. - 22 -

This was the appropriate strategy to destroy the ICMC's monarchical economic power stranglehold and to return America to her Revolutionary ideals. Lincoln wasn't intimidated by the ICMC. Even if he suspected Presidents Harrison and Tyler, who died in office due to reported illnesses, had been somehow poisoned by the ICMC to forestall the same disclosure, Lincoln intended to announce the disclosure to the Nation before the ICMC could stop him. It was a brazen step; Lincoln must have realized it could cost him his life. He probably held his strategy close to the vest; he would only tell his family his plans. After all, their well-being was at stake too. Unfortunately, his decision to explain this strategy to his family out of his concern for their welfare is what signed Lincoln's death warrant.

The Family Traitor: Robert Todd Lincoln Maintaining the industrial economy's newly forged Constantine Agreement with the Church held significant economic promise for the ICMC. By continuing to support the Church's misrepresentation of scripture's deciphered impossibility-resolved social choice theory the ICMC stood to gain inasmuch as it was reasonably foreseeable the skewed allocation of resources in its favor would materially increase the value of centralizing the control over the allocation of capital market resources. The ICMC intended to fulfill its economic promise without reserve. History records unsavory facts that, in hind sight, point to President Lincoln's oldest son, Robert Todd Lincoln (born in 1843); the ICMC informer and traitor to his father, the President, and the United States. Prior to President Lincoln's assassination, it is reported Robert Todd Lincoln's life was saved by Edwin T. Booth, brother of the President's assassin. 28 Construed against later events accounted below, it appears the facts surrounding Robert Todd Lincoln's preassassination train station accident reveal a plan to intimidate him; an extortionate threat against 28

http://en.wikipedia.org/wiki/Robert_Todd_Lincoln.

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his life if he failed to cooperate with the extortionate threat's objective.

The transparent

extortionate threat objective was that the ICMC wanted Robert Todd Lincoln to provide inside information concerning whether President Lincoln intended to disclose the Church's scripture decipherment secret. Obviously, the ICMC was fearful Lincoln would hold his plans close to the vest. The ICMC, accordingly, hatched the extortionate scheme to draft Lincoln's son into their service. Although Robert Todd Lincoln was illicitly conscripted into this unsavory ICMC service by and through an extortionate demand on his own life; it is also transparent he prospered by providing such services.

While facts surrounding Robert Todd Lincoln's finances are not

generally and publicly available, his mansion Hildene in Manchester, Vermont bears witness to some level of wealth accumulation. Financial gain may have become the motive de jure when Robert Todd Lincoln was present at the shootings of two other American presidents in later years. On the night President Lincoln was assassinated, April 14, 1865, it is reported Robert Todd Lincoln did not join his parents at Ford's theatre. Rather, the 22 year old remained behind at the White House; where he later learned of his father's assassination. It was a cowardly repose. History does record Robert Todd Lincoln's presence at times when two other presidents were shot. At President James A. Garfield's invitation, Robert Todd Lincoln was present at the 6th Street Station in Washington, D.C., and was an eyewitness when the President was shot by Charles J. Guiteau on July 2, 1881.29 Garfield later died due to infection from the gunshot wound. Robert Todd Lincoln was serving as President Garfield's Secretary of War at the time.

29

Id.

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At President William McKinley's invitation, Lincoln was at the Pan-American Exposition in Buffalo, New York, where the President was shot by Leon F. Czolgosz on September 6, 1901, though he was not an eyewitness to the event.30 The President died within 8 days from gangrene around the gunshot wound.31

Earlier Presidential Deaths President Lincoln was not the first sitting president to have died in office. Indeed, his death was preceded by the death of President William Henry Harrison in 1841 (one month after his inauguration) and President Zachary Taylor in 1850. While both presidents are reported to have died from illness it remains uncertain whether their deaths were caused by those furthering the interests of the ICMC at the time. It should be noted history records President Taylor's death cleared the way for the passage of the Compromise of 1850;32 a fact suggesting his death may have been ICMC motivated. Moreover, depending on when the Church made its disclosure to the world's leaders concerning its possession of the deciphered scripture key, the deaths of these presidents could be centered on forestalling disclosure of the Church's secrets in favor of maintaining the industrial economy's version of the Constantine Agreement. The timing of their deaths in historical proximity to the Civil War is another factor requiring further investigation into whether these Presidents were murdered by the ICMC. Hypothetically, the ICMC may have initially adopted the Church's reputed preference for form of execution -- poison -- as an informal information signal to other officeholders in the 30

Id.

31

http://en.wikipedia.org/wiki/William_McKinley#Assassination.

32

http://en.wikipedia.org/wiki/Compromise_of_1850.

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decentralized American government.

However, it appears the ICMC later determined the

deterrent required an enhanced statement. Thus, President Lincoln's death came by the gun.

Other Non-violent Presidential Deaths Following the death of President McKinley, three other presidents died while in office. President Warren G. Harding died of a heart attack in San Francisco in 1923 and President Franklin D. Roosevelt died before the expiration of his third term from a cerebral hemorrhage. Again the unanswered investigative question is whether the deaths of these presidents are attributable to the unsavory activities of those supporting the ICMC's industrial economy Constantine Agreement. The begging question is whether presidential consciences get the best of their owners; their souls urging reconciliation before they meet their Maker by rectifying history's most glaring and unholy deception. The litany of presidential assassinations and death due to incurable illness suggest the answer is unsavory.

The Assassinations of Jack, Bobby, and Martin President John F. Kennedy was brutally assassinated while in office in 1963.33 His attorney general was his brother, Robert F. Kennedy. During the Kennedy administration, Bobby Kennedy’s organized crime prosecutions and pursuit of Teamster’s president Jimmy Hoffa were among the Kennedy’s informal information signals they were pursuing the ICMC.

33

There has been much speculation as to whether Lee Harvey Oswald was President Kennedy's lone assassin. So, I may as well throw in my two cents. I don't think he shot President Kennedy at all. What I think transpired is that the real lone assassin duped Oswald into coming to the Texas Book Depository. He showed Oswald the assassination rifle and placed it in his hands to get Oswald's prints on the weapon. After the real assassin shot President Kennedy, he gave Oswald a pistol and told him to run for it because the police would be coming to look for him, too. Oswald took the weapon and ultimately used it to shoot a Dallas policeman. While incarcerated, Oswald pleaded for independent counsel but was killed by Jack Ruby first. The ICMC wanted to break the chain of connectivity. It cemented its distance when Jack Ruby died from cancer while incarcerated; most likely the victim of ICMC infectious agent poison. I also believe LBJ knew Kennedy would be assassinated by the police power of the ICMC and stood by as it happened.

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Moreover, Bobby Kennedy’s Martin Luther King, Jr. investigation into alleged communist activities was the Kennedys’ precursor anointing King as the statesman-like orator to quiet foreseeable unrest once the Church’s scripture decipherment secrets were made public. That is, there is some evidence the Kennedys planned to disclose the ICMC's industrial economy Constantine Agreement. In 1968, Martin Luther King, Jr. and Robert F. Kennedy were separately assassinated during the year in which Robert F. Kennedy was running for president.34 The association implicates the idea the Kennedys planned to disclose the Church's scripture decipherment secrets and the industrial economy's Constantine Agreement; the unholy alliance with the ICMC. It appears the Kennedys intended to use Martin Luther King, Jr.'s statesman-like qualities to quell the public unrest and rancor sure to follow disclosure of the Church's nearly 2000 year old deceit. However, the ICMC again brought a violent end to plans for such disclosure. The nexus among these assassinations urges an historical investigation into factors bringing their conclusions.

The Kennedy Curse and the Family's Robert Todd Lincoln Corollary The theory of the "Kennedy Curse" presented in this book touches living souls; a responsibility begging careful and well developed allegation. Measured against the ICMC's historic policing of America's decentralized government to thwart disclosure of the Church's scripture decipherment secret, the true nature of the Kennedy Curse becomes transparent: it derives from Joe Sr.'s conflict with the ICMC.

34

Martin Luther King, Jr. was assassinated on April 4, 1968 in Memphis, Tennessee; Bobby Kennedy was shot on June 5, 1968 following his victory in the California Democratic Primary for President of the United States and died on June 6, 1968.

- 27 -

There has been much speculation about the Kennedy family over the years and something known as the "Kennedy Curse."35 In the context of this book, the important question is whether there is a nexus between the Kennedy Curse and the unholy alliance between the Church and the ICMC. If so, then a further question must be investigated: Is there a corollary between Robert Todd Lincoln and a member of the Kennedy family? That is, did the ICMC recruit a Kennedy insider to inform the activities of other family members to forestall disclosure of the Church's decipherment secret?

The Inception of the Kennedy Curse: Joe Sr. Joseph P. Kennedy, Sr.'s career implicates the idea he may have been an ICMC insider at one time and then expelled from the monarchical family. Early in his career, Joe Kennedy built his fortune not from building a business from the ground up; but, rather, by buying and selling business interests.36 He is reported selling his stock portfolio before the Great Depression's progenitor: Black Tuesday; claiming he had received a tip from a shoe-shine boy.37 Indeed, he was placed in a position of ICMC trust in the FDR administration: the New Deal's first SEC Chairman.38 Kennedy was later appointed by FDR as ambassador to the Court of St. James; that is, the U.S. ambassador to Great Britain.39 It is from this position Kennedy's lack of diplomatic tact is

35

http://en.wikipedia.org/wiki/Kennedy_Curse.

36

http://en.wikipedia.org/wiki/Joseph_Kennedy.

37

Id.

38

Id.

39

Id.

- 28 -

reported to have ended his career objective of becoming the President of the United States.40 As a result of this career gaffe, Papa Kennedy groomed his oldest son Joe, Jr. for the exalted position. However, Joe, Jr. met his death in a World War II aerial battle. It is alleged in the first instance in this book that in retaliation for getting booted out as an ICMC insider, Joe, Sr. educated his boys about the ICMC's unholy alliance with the Church. He was the source of their knowledge. He orchestrated the plan to retaliate against the ICMC through Jack's presidency and Bobby's attacks as Attorney General of the United States. However, following Jack's inauguration, Joe, Sr. suffered a debilitating stroke in December 1961.41 Was it a natural cause; or, was it a form of ICMC biological warfare that silenced Joe, Sr.? He never regained his ability to speak prior to his 1969 death.42 It is transparent the ICMC attack on Joe, Sr. fortified Jack and Bobby's plan to attack the ICMC through Jack's Presidency and Bobby's role as Attorney General of the United States. It is most likely the ICMC caught wind of these plans and activities. The ICMC realized it needed a modern-day Robert Todd Lincoln; the choice was obvious.

The Kennedy Family Traitor: Edward M. Kennedy The most likely candidate for the ICMC Kennedy family informer was probably Teddy Kennedy; the younger brother of Jack and Bobby.43 Shocked by his father's stroke, mostly likely

40

Id.

41

Id.

42

Id.

Sometimes paths we walk are dotted with God’s informal information signals. On a family trip to Washington, D.C., in the 1980s, we were on a tour of the Capitol building. We were in the lower levels of the Capitol in search of a cafeteria. As I rounded a corner to my right I ran smack into a famous Senator: Teddy Kennedy. Was it God telling me one day I would write this book telling you about Teddy’s sad role in America’s history? My life is ladened with such informal information signals from the Almighty; you may believe your life is too. 43

- 29 -

caused by ICMC poison, and Jack's brutal murder in Dallas on November 22, 1963, the ICMC feared Teddy was becoming an unreliable informant. On June 19, 1964, Teddy Kennedy was nearly killed in a plane accident on a flight from Washington's National Airport while approaching a landing in Massachusetts. 44

Other

passengers included fellow senator Birch E. Bayh II (D-Ind.) and his wife.45 It appears Kennedy may have acted to shield himself by surrounding himself with others, including a woman. However, it also seems the ICMC code of conduct was indifferent to the exposure of harming others; probably derived from its view that if Kennedy believed he could protect himself by shielding himself with the presence of others he was wrong. Whatever injury befell those whom Kennedy chose to surround himself with, the reasoning would be, is blood that would be taken by Kennedy's hands. The plane accident appears to have been a form of ICMC intimidation to keep Teddy in line; if he survived at all was not the important part. The ICMC objective was clear:

the Warren Commission’s investigation into the

assassination of President John F. Kennedy. The ICMC wanted to ensure Teddy would not tell the Warren Commission the truth.

It extorted Teddy to obstruct the Warren Commission

investigation. In response and on September 24, 1964, the Warren Commission knowingly issued a false final report finding that Lee Harvey Oswald acted alone in assassinating President Kennedy when it knew the Secret Service had assassinated the President at the direction of the ICMC and had framed Oswald for the murder.46

44

http://en.wikipedia.org/wiki/Kennedy_Curse.

45

Id.

46

This is confirmed by the September 8, 2008 market index change analyses, as well as from other informal information signal sources from the Court.

- 30 -

From the time of Kennedy’s plane accident in 1964, then, the ICMC and Teddy Kennedy became bedfellows. Kennedy profited from the relationship and held court with the ICMC hierarchy. The ICMC unequivocally relied on Kennedy. Kennedy had proved himself and would do so again, even at the expense of loss of life within his own family.

Mary Jo Kopechne Mary Jo Kopechne was a secretary to Robert F. Kennedy while he served as a senator from the state of New York. It appears Mary Jo learned from Bobby the unmerciful battle his family has endured with the ICMC. Following Bobby's assassination in June 1968, she probably was resolved to vindicate his assassination one way or another. She most likely confided in the only surviving Kennedy brother; knowing not she was signing her death warrant. Mary Jo died in an automobile accident in July 1969; the driver was Ted Kennedy. The ICMC has a transparent code; it does not kill, maim, or injure women. 47 Teddy had to handle this problem himself. Teddy Kennedy drove the auto off Dike Bridge into Poucha Pond between Chappaquiddick Island and Cape Poge barrier beach.48 It appears he did so to silence Mary Jo Kopechne; intentionally to kill her and satisfy the ICMC mandate that he handle the problem.

John, Jr. John Jr. was killed in a plane crash in 1999 along with two other passengers--his wife and sister-in-law; he was the pilot.49

President Clinton directed a military operation to find

47

We will see this transparent assassination code surface again in this paper.

48

http://en.wikipedia.org/wiki/Ted_Kennedy.

49

At the time of John Jr.'s death, the USA Today ran an article that reported John Jr. and his wife had visited the Reverend Billy Graham shortly before John Jr.'s death. The begging question is whether John Jr. had approached Reverend Graham to fill the role his ancestors had envisioned for Martin Luther King, Jr. in stabilizing

- 31 -

Kennedy's plane off the west end of Martha's Vineyard. Once found, Kennedy, his wife, and sister-in-law were immediately cremated. By these facts there is an appearance some sort of disorienting agent was introduced into the plane's air system. It is most likely the ICMC knew John Jr. planned a run for the White House and that his agenda included avenging his father and uncle's assassinations. He probably learned the Kennedy family wars with the ICMC from his Mother. Again, since the murder of women was directly involved, the ICMC probably did not directly resolve the John, Jr. dilemma. The ICMC most likely told Teddy to again handle this problem himself; the same as he did in the case of Mary Jo Kopechne. The Kennedy Curse is now defined. Joe Sr. was once an insider groomed for becoming an ICMC President of the United States; an ICMC braggadocio whose own political gaffe's ended his personal reign as America's king. He formulated a retaliatory plan to avenge his expulsion from the ICMC; a plan that ended in the deaths of his sons, grandson, and others. The consequences of falling from monarchical heights are catastrophic.

The Supervisory Powers Court and the Kennedys It is reported Ted Kennedy had seizures on May 17, 2008, which led to the reported discovery of a malignant brain tumor.50 This is the sort of appearance that may have been created by the Supervisory Powers Court accounting for Kennedy's mainstream absence during

the hoi polloi after the disclosure of the Church's scripture decipherment secrets and its unholy alliance with the ICMC. John Jr.'s death characterized by the ICMC's assassination signature exacerbates the question. 50

http://en.wikipedia.org/wiki/Ted_Kennedy#Brain_cancer.

- 32 -

his testimony or prosecution before Madam Justice Sandra Day O'Connor. Only the Court's disclosure of its supervisory jurisdiction activities may lead to confirmation of this fact. 51 The positive consequence is the Kennedy family curse died when the Supreme Court of the United States conquered the ICMC in 2008. It appears the Kennedy family knows these facts to be true, as well. The transparent confirmation is that Caroline Kennedy is willing to step into the political spotlight for the first time as she is under consideration to replace Hillary Clinton as Senator from New York.

She can accept the position, if offered, without fear of ICMC

retaliation.

51

The September 8, 2008 market index change analyses indicates Teddy Kennedy tried to bargain with the Supreme Court for his life before his May 17, 2008 Supervisory Powers Court prosecution. Both Madam Justice O’Connor and the entire Court ruled against him; Teddy could only negotiate following a supervisory judgment against him and the foreseeable imposition of a death sentence. Once so sentenced, Teddy’s bargain included the January 16, 1993 sealed Presidential Executive Order entered by President George H. W. Bush immediately before leaving office. The Order instigated the Waco siege of the Branch Davidian compound. Bush’s granddaughters, Barbara and Jenna, are reported to have wandered into the Branch Davidian compound to learn what was going on. Though nothing happened to them and they were shown great respect, their grandfather directed the Waco siege as a result of their visit. Later, Vince Foster was assassinated on July 20, 1993 by Secret Service agents acting at the direction of the ICMC to stop Foster from giving a copy of that Order to Chief Justice Rehnquist. The April 19, 1995 Oklahoma City federal courthouse bombing was orchestrated by the ICMC as a threat against the Rehnquist Court’s continuing effort to obtain a copy of the sealed January 16, 1993 Presidential Executive Order. Teddy produced it in May 2008 to save his life. He probably produced other evidence as well, all directed at the Court’s objective: supervisory prosecution of the ICMC hierarchy.

- 33 -

Chapter 4 ICMC Strategic Objectives As the nation's capital markets emerged through the unfolding of the industrial economy the ICMC mandate to implement strategies to improve its economic power likewise unfolded. This section simply provides examples of these strategies. It is not intended to provide an exhaustive list of such strategies history ultimately reveals. There appears to be a corollary between the ICMC's objectives and states of the economy recognized by the scripture writers. As described in Chapter 2, supra, it appears one aspect of the ICMC's unholy alliance with the Church is that it probably received economic counsel from the Church through the duration. The Church probably relied on the states of the economy recognized by the scripture writers in advising the cartel on how to fashion its state of the economy strategies to improve its extant economic power. My scripture deciphered social choice theory research implicates the great thinkers of Greek philosophy distilled four states of the economy in defining impossibility-resolved (individual: societal) well-being transitivity:

(i) the Agrarian Economy, (ii) the Industrial

Economy, (iii) the Information Economy, and (iv) the Philosophical Economy. The occurrence of Vatican Councils appears to reflect transition between the states of the economies.

Scripture's Notion of the Agrarian, Industrial, and Information Economies Scripture's welfare theory posits capital formation and operations formation as primary and antithetical forces deriving impossibility-resolved (individual: societal) well-being transitivity.52 This is the basis for the Church signaling the (agrarian: industrial) economy transition in holding the First Vatican Council in 1868-1870. It is also the basis for the Church 52

Jenkins, D. R. "Social State Definition and the Economic Control Systems Product." Unpublished Working Paper (July 2007B), 66 pages. Available at http://www.randall-cv.net/SSD & ECSP.pdf

- 34 -

signaling the (industrial: information) economy transition in holding the Second Vatican Council in 1962-1965. Because scripture's welfare theory posits capital formation and operations formation as primary and antithetical forces, it inherently frames the classic management struggle between revenue-maximization and cost-minimization.53 I argue the contemporary economics supply and demand framework is condemned by scripture's ordered relations theory as illusionary and as a result is invalid as a tool for effecting (individual: societal) well-being transitivity.54 I further argue the contemporary economics supply and demand framework is an academic undertaking by the Church in its unholy alliances throughout the world to foreclose discovery of scripture's impossibility-resolved social choice theory.55 The following summarize scripture's notion of capital formation and operation formation in the agrarian, industrial, and information economies. Thereafter, an evaluation of emphasized ICMC objectives in each state of the economy will highlight its confrontations and molding of the federal government's policies.

Agrarian Economy Capital and Operations Formation Agrarian capital and operations formation are necessarily endowed with economic formation's single strata and singe risk assessment characteristics. This defining constraint applies equally to both capital formation and operations formation.

53

Id.

54

Id.

55

Id.

- 35 -

Capital Formation Evidence of the Agrarian Economy's capital formation unordered position includes the development of unit banks in the United States where the banking infrastructure was designed to primarily serve all the demands of the Agrarian Economy. Unit banks were typically small, family owned banks, which paralleled the ownership of agricultural economic organizations. Typically, unit banks funded all agrarian operating capital requirements.

From the capital

manager's perspective, risk assessment is a return of capital and profit function where profit is a discount rate or interest revenue-maximization function.

Operations Formation Generally, Agrarian Economy operations formation is likewise stratification devoid, involving only one stratum. Typically, the agricultural operations economic organization in the United States was characterized as family operated where third party labor was derived from slavery.56 Because the Agrarian operations economic organization is characterized by the lack of management and labor separation, Agrarian Economy operations formation is characterized as unordered. From the operations manager's perspective, the risk assessment is a discount or interest rate cost-minimization function. Evidence of the transition from the Agrarian Economy to the Industrial Economy in the United States abounds in this book. The transition's pressures translate the Nation's divisive conflict into the Civil War. So it is safe to say the transition involves the years leading up to and immediately following the Civil War.

56

Miles, Carrie A. Patriarchy or Gender Equality? ASREC Paper Presentation, 2005, p. 3; taken from her forthcoming book: The Redemption of Love: Rescuing Marriage and Family from the Economics of a Fallen World. Grand Rapids, MI: Brazos Press, 2006.

- 36 -

Industrial Economy Capital and Operations Formation The Industrial Economy capital and operations formation (short term, long term) bifurcated stratification, including risk assessment bifurcated stratification, translate into the idea the Industrial Economy hierarchical or ordered positionn exists but ordered positionn+1 does not. Since ordered positionn+1 is an ordered transition necessary condition, ordered transition does not exist.

Ergo, the Industrial Economy is (unordered transition, ordered position) "(context:

content)" analogous. The

Industrial

Economy

introduces

threshold

(capital,

operations)

formation

stratification. The principal stratification criteria are time-based short and long term formation requirements. (Capital, operations) formation in the Industrial Economy is a function of the present value of assets; which is inherently time driven. Moreover, Industrial Economy capital formation stratification is a function of duration and discount rate risk assessment. Ergo, it can be said the advent of the Industrial Economy introduces the threshold interest rate term structure. Equilibratorily aligned {[management practice-capital, management practice-operations], [(revenue-maximization, cost-minimization), (discount or interest rate risk assessment, duration risk assessment)]} identifies the Industrial Economy's equilibrium (capital, operations) formation supply and demand.

Capital Formation In the Industrial Economy, the banking system addresses short term and the capital markets address long term capital formation strata. Moreover, capital formation essentially transacts through formal capital market cartel arrangements. This means allocations of scarce capital formation resources are accomplished through direct capital agreements with the operations economic organization because it is defined as substantively equivalent to the entity's - 37 -

legal existence. From the capital manager's perspective, risk assessment is a return of capital and profit function where profit is a discount rate or interest rate and duration revenue-maximization function.

Operations Formation Separation of management and labor creates operations formation ordered positions. In the Industrial Economy, tactical operations formation is introduced, deriving the (tactical: entrepreneurial) operations formation management practice ordered position. In the Agrarian and Industrial Economies, the operations-based economic organization's entity time-based performance is implicated by higher tangible asset to book value ratios compared to lower intangible asset to book value ratios.57 This reconciles with economic control systems product (ECSP) and economic organization definition legal entity incidence.58 That is, in the Agrarian and Industrial Economies, ECSP and economic organization definition are not shifted outside the legal entity. From the operations manager's perspective, the risk assessment is a discount or interest rate and duration cost-minimization function. The transition from the Industrial Economy into the Information Economy comports with the evolution of the computer age. In U.S. history, this transition unfolds following World War II. Indeed, beginning with Markowitz's Efficient Market Hypothesis, the age of information

57

Kaplan, Robert S. and David P. Norton. Transforming the Balanced Scorecard from Performance Measurement to Strategic Management: Part I. Accounting Horizons (March 2001; v.15, i1, p.87). 58 ECSP is the economic organization's extant management control system definition taken together with its concomitant strategy formulation processes. When strategies are validated as economic organization viable; they are impounded in the organization's code of conduct: its management control systems. An economic organization is defined as one that satisfies impossibility-resolved (microeconomic: macroeconomic)-perspective transitivity.

- 38 -

economics unfolds in the academic literature.59 Also, the Capital Asset Pricing Model further defined the Information Economy.60 As mentioned above, the Second Vatican Council is timeline concomitant with these developments in the academic literature. However, the Church knows from the content of scripture's deciphered key that studies like the foregoing academic studies are vain attempts to define impossibility-resolved social choice theory in the state of illusionary consequences.61 That is, if the tenets of scripture's ordered relations theory became generally accepted in academia, the value of the Church's possession of scripture's decipherment key would fall to zero and its political position among the world's governments and economies would likewise tumble. Accordingly, the Church continues to hold onto the secrets of its scripture decipherment key.

Information Economy Capital and Operations Formation The Information Economy introduces ordered (capital, operations) formation stratification transition. The (unordered: ordered) (capital, operations) formation stratification transition is engendered by the transformation of stratification criteria from time-based short and long term risk and return criteria into value-based floor, mezzanine and ceiling risk and return criteria. That is, (Industrial: Information) Economy transition involves (bifurcated: trifurcated) stratification transition. In the Information Economy, (capital, operations) formation essentially transacts through informal cartel arrangements. This means the allocation of scarce (capital, operations) formation resources are accomplished through indirect economic organization capital agreements. An 59

Markowitz, H. "Portfolio Selection." The Journal of Finance. Vol. 7, No. 1. (Mar., 1952), pp. 77-91.

60 Sharpe, W. F. "Capital Asset Prices: A Theory of Market Equilibrium Under Conditions of Risk." The Journal of Finance. Vol. 19, No. 3. (Sep., 1964), pp.425-442. 61

See, Jenkins at n. 47, supra.

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indirect economic organization capital agreement subsumes the direct economic organization capital agreement. But, the threshold resource allocation agreement is indirect because it is extra-entity incident with respect to the economic organization's legal entity. While capital forming relationships were defined as unilateral in the Agrarian Economy (agrarian capital managers dealt solely with agrarian operations managers) and multilateral in the Industrial Economy (unilateral capital managers directly deal with agrarian and industrial operations managers), capital forming relationships emerge as extra-lateral in the Information Economy (multilateral capital managers indirectly and directly deal with agrarian, industrial, and service operations managers). Because the Information Economy is nonetheless characterized by the economic

formation

(endogenous-position,

exogenous-perspective)

reference,

(capital,

operations) formation control is characterized as conditional. The Information Economy (capital formation, operations formation) risk assessment involves trifurcated criteria, which parallels the trifurcated value-based Information Economy (floor, mezzanine, ceiling) stratification characteristic. The trifurcated risk assessment criteria are the discount or interest rate, duration and confidence level. There is one tell-tale difference: while the discount or interest rate and duration risk assessment criteria are within-strata risk assessment criteria, the confidence level risk assessment is the among-strata risk assessment criterion. The Information Economy capital and operations formation within-strata (short term, long term) bifurcated stratification and among-strata (value realization), including risk assessment bifurcated within-stratification and trifurcated among-stratification, translate into the idea the Information Economy is characterized by both ordered position and ordered transition.

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Ergo, the Information Economy is (ordered transition, ordered position) "unordered context" analogous.

Capital Formation The capital formation basis is transformed from the present value of assets to the expected value of risk and return information because the formation criteria transform from time based to information-based criteria. While (discount or interest rate, duration) present value analysis remains an important capital formation criterion within each (floor, mezzanine, ceiling) Information Economy value-based strata, the incremental Information Economy value criterion distinguishes the strata. For example and on an ascending basis, (floor: mezzanine)-value capital formation transition defines [(content: context), (unordered transition, ordered position)]. On the other hand, [(floor: mezzanine): (mezzanine: ceiling)]-value capital formation transition defines [(context), (ordered transition, ordered position). From the capital manager's perspective, risk assessment is a within-strata (return of capital and profit) function where within-strata profit is a discount rate or interest rate and duration revenue-maximization function.

Moreover and again from the capital manager's

perspective, risk assessment is a value realization among-strata confidence level function.

Operations Formation Goodwill appears on balance sheets to reflect extra-entity industry leadership incidence value. Now intangible asset to book value ratios outweigh tangible asset to book value ratios. (Kaplan and Norton 2001).

This transition of value measure significance evidences the

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economic organization's boundary exceeding the legal entity's existence.

This signals first

instance or unordered context. In the Information Economy, operations formation likewise transcends the intra-entity: extra-entity distinction. That is, the economic organization's strategic management defines its industry position with respect to its legal entity. By defining industry-level ECSP, strategic management shifts the economic organization's management control system incidence outside the legal entity to the industry. Strategic management, accordingly, stratifies (strategic: tactical: entrepreneurial) operations formation.

Similar to its capital formation counterpart, the

Information Economy unordered context is ordered context distinguished by the (endogenousposition, exogenous-position) reference. As a result, Information Economy operations formation is likewise conditional control characterized. From the operations manager's perspective, the risk assessment is a within-strata (discount or interest rate, duration) cost-minimization function. Ergo, equilibratorily aligned {[capital formation, operations formation], [(revenue-maximization, cost-minimization), (discount or interest rate risk assessment, duration risk assessment, value realization confidence level risk assessment)]} identifies the Information Economy's equilibrium supply and demand of capital. The transition from the Information Economy to the Philosophical Economy involves the (conditional: unconditional) control transition.

The Philosophical Economy In order to transcend the Philosophical Economy, it is necessary for control to be defined from the exogenous-position. Because the Church, in conjunction with the ICMC, is unwilling to develop alliances outside monarchical-like economic power bases, the essential transition - 42 -

from conditional control to unconditional control has not transpired. That is, the Church is unwilling to follow the tenets of scripture's deciphered impossibility-resolved social choice theory. It does not have faith that real control comes by return of empowerment and not by seizure. This distills the Church's unwillingness to sacrifice its political capital in favor of world peace and prosperity. This is the primary cause of terrorism against the West and the influx of illegal drugs and aliens in the United States.62 That is, terrorism, illegal drugs, and illegal aliens, are instruments of war demanding the transition from the Information Economy to the Philosophical Economy. When control becomes defined from the exogenous position, these instruments of war will die a natural death. Although I will not devote space here to capital and operations formation in the Philosophical Economy, I will suggest the advent of it has arrived. Scripture's notion of the Philosophical Economy is grounded in ordered relations theory's reference ethics.63 I wrote a paper explaining the Balanced Scorecard's widespread acclaim is inextricably tied to exogenousperspective reference ethics.64 It is the (endogenous: exogenous)-position transition utilized in strategy formulation that signals the advent of the Philosophical Economy. Accordingly and barring the Church's prejudice, we should witness the Third Vatican Council announced in the not too distant future.

62

This underscores my argument that the United States Border Patrol exists as an instrument of the ICMC in its war with Latin American capital market protagonists and, as a result, is an unconstitutional restraint on civil rights. 63

See, Jenkins, at n. 47, supra.

64

Jenkins, D. R. Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework. Éthique et économique/Ethics and Economics, 5 (1), 2007, http://ethique-economique.net/.

- 43 -

The ICMC Agrarian, Industrial, and Information Economy Objectives The timeline of the ICMC objectives is depicted in the following schematic, to wit:

The Information Economy ICMC Objective Using law and regulation to increase money supply pressures to increase the value of the ICMC's informal control over the access to capital in the allocation of scarce capital resources in the world's capital markets The Industrial Economy ICMC Objective Using law and regulation to reduce the uncertainties of the factors of production to increase the value of the ICMC's formal control over the access to capital in the allocation of scarce capital resources in the Nation's capital markets

The Agrarian Economy ICMC Objective Using law and regulation to form barriers to entry to foreclose competition with the ICMC's economic power derived from formal control over the allocation of scarce capital resources in the Nation's capital markets

1780

1850

1950

Present

The ICMC's Agrarian Economy Objective: Barriers to Economic Power Entry As indicated above, the Agrarian Economy is characterized by a single stratum in both capital formation and operations formation.

Specifically, capital forming relationships are

characterized as unilateral in the Agrarian Economy. As the North furthered its industrialization, progress toward the (Agrarian: Industrial) Economy transition likewise began to emerge. A foreseeable consequence of the Industrial Economy unfolding involved the economic power of - 44 -

the formal control over access to the Nation's then emerging capital markets. Thus, history witnesses the ICMC's Agrarian Economy objective: using law and regulation to formulate barriers to entry into the arena of who controls the economic power defined as access to capital in the allocation of scarce capital resources in the Nation's emerging capital markets. Here, two matters serving as barriers to entry are presented. One emerges immediately antedating the American industrial revolution; the other emerges in the flourish of the industrial revolution.

The Compromise of 1850 The Compromise of 1850 presented issues involving slavery and the conflict between northern and southern interests.65 In fact and as pointed out in the Chapter on presidential assassinations, the death of President Taylor cleared the way for passage of the Compromise. 66 The passage of the Compromise of 1850 precipitated the Civil War and division between the North and the South.67 Here, we are probably witnessing the ICMC's threshold effort, even to the extent of passage enabling presidential assassination, to use federal law and regulation to effect the allocation of scarce resources to increase the value of its centralized control over access to the nation's capital markets by and through barriers to entry over who controls the Nation's economic power.

65

http://en.wikipedia.org/wiki/Compromise_of_1850.

66

Id.

67

Id.

- 45 -

The New Deal Legislation Following the Great Depression, FDR's New Deal allegedly bailed out the country. However, it was an ICMC panacea; the federal government capitulated to the bludgeoning of the public wrought by the ICMC in the Great Depression.

Among the New Deal's heralded

objectives was the passage of the 1933 and 1934 Securities Acts. These acts gave more control to the ICMC; they affect how capital may be raised in the nation's capital markets and give the ICMC a prosecutorial advantage to foreclose entry into the allocation of capital boardroom. In substance, the 1933 and 1934 Securities Acts in form are intended to protect the public but in substance are ICMC tools in forming barriers to entry in the control over access to the nation's capital markets. All firms, no matter how large or small, eventually need to turn to the capital markets for debt or equity financing. Eventually, all firms must pay homage to the ICMC. If inappropriate homage is taken; misfortune is sure to follow.

The ICMC's Industrial Economy Objective: Managing the Uncertainties of the Factors of Production The ICMC's use of law and regulation to effect risk reducing pressures has roots in things like managing the risks of injury and its related costs in labor factors of production. Two risk management objectives will be briefly described: worker's compensation and double taxation.

Worker's Compensation The historic accounting of the emergence of worker's compensation is traditionally viewed through benefits the worker derived.

However, the silent beneficiary of worker's

compensation state constitutional and statutory schemes is the ICMC. I will review same in the setting of Arizona's worker's compensation scheme as an example, as I recently had opportunity

- 46 -

to raise these matters before the Industrial Commission of Arizona in worker's compensation litigation. The historical development of Art. 18, §8, Ariz.Const. is fully set forth in Grammatico v. Industrial Commission, 211 Ariz. 67 (Ariz. 2005).

The Grammatico Court relates the

constitutional provision's heritage solely in the context of consequences for the worker employee. Those consequences are summarized in the current version of the constitutional mandate. Specifically, Art. 18, §8, Ariz.Const. is a mandate the Legislature enact the Worker's Compensation Act and explains the mandate's rationale as alleviating the injured worker "from the burdensome, expensive and litigious remedies for injuries to or death of such workmen, now existing in the state of Arizona, and producing uncertain and unequal compensation therefor . . ." Neither the constitutional provision nor the Grammatico Court relates the constitutional provision's heritage in the context of employer trade-offs, before and after the provision became part of the Arizona constitution. The employer trade-offs are here summarized. Essentially, prior to Arizona statehood the United States was incurring the full panoply of post-civil war industrial revolution consequences. Issues involving worker's rights were emerging against the demands of profitability and management aspirations: the classic confrontation between labor and capital. Importantly, the capital markets were unveiling their sophistication in organization and the formulation of criteria establishing the ground rules for the allocation of capital. As policy pressures mounted for labor welfare social change, the kind of imbalance the Grammatico Court counsels in pre-statehood negligence actions where common law had theretobefore tipped the scales in favor of the employer was probably bound for material and significant reversal. The labor revolution in the United States demanded it. Therefore, it was

- 47 -

reasonably foreseeable to those who controlled the allocation of capital in the United States capital markets that capital would be better off if it led the labor revolution in this regard. If legal policies were to emerge in the courts of the United States reflecting the demands of labor's emerging force in social change, it was reasonably foreseeable the same uncertain and unequal compensation for worker injuries would turn around in labor's favor and impair the riskadjusted rate of return assessment which underscores the allocation of capital in the capital markets of the United States. Arizona's constitutional provision does not recognize capital's material and significant role as a driving force behind the worker's compensation movement. Grammatico Court.

Neither does the

To ignore capital's role in the evolution of worker's compensation

constitutional and statutory change in the United States foolishly underestimates the totality of the economic pressures that resulted in worker's compensation jurisprudence as it exists in the United States today. The authorship is substantively tell-tale: it is a capital market protagonists' regime. Arizona's worker's compensation constitutional and statutory schemes underscore the capitalist's regime. Generally, worker's compensation is the exclusive remedy for work-related injuries. Employees, even today, remain legally unsophisticated to make the important decision to reject the coverage at the outset of employment. Benefits are defined by statute; and so limited, as well.

The capital market protagonists' objective is transparent: reduce the

consequence of risk on the risk-adjusted rate of return assessments by managing the variability of the expected outcome of costs arising out of worker injury. By leading the definition of worker's compensation constitutional and statutory schemes throughout the United States on the basis of a somewhat harmonized ideology, the capital market protagonists achieved this all-important goal.

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Managing prospective worker injury risks became a function more of injury risk incidence as the value of those injuries were prescribed by constitutional mandate, statutory schemes, or promulgated regulations. As a result, the economic consequences of emerging social change resulting from the labor movement in the latter part of the 19th century and the early part of the 20th century were still managed in favor of the capital market protagonists' interests.

Double Taxation The issue of double taxation also implicates the ICMC's risk reduction objective. By denying a tax deduction for dividend distributions, the Internal Revenue Code inherently puts pressure on firms not to make distributions. It appears this is favored by the ICMC to retain capital within firms that access the capital markets as a means to reducing risk of expected outcomes.68

The ICMC Information Economy Objective: Manipulating Money Supply Pressures By increasing the money supply in the capital markets, securities prices incur inflationary-like pressures. Such increases in wealth likewise increase the value of centralized control over the allocation of capital. Two transparent ICMC strategies to increase money supply pressures will be briefly discussed here.

These include Reaganomics and the

privatization of social security.

68 When I worked in financing in Mexico in 1992-4, I came to learn certain Mexican tax accounting features. One of those features is that Mexico allows an income tax deduction for corporate dividend distributions. It appears this is a contra-ICMC tactic; not unlike the contra-ICMC tactics of importing illegal aliens and drugs into the United States as a means of waging war between the Latin American capital market protagonists and the ICMC.

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Reaganomics When President Reagan took office in 1980 the Dow Jones Industrial Average held around the 950 level. When he left office in 1988, the index had more than tripled to the 3000 level. Let's look at the factors that indicate President Reagan's policies furthered the ICMC agenda by increasing money supply pressure on capital market investments, thereby increasing the value of the centralization of control over the allocation of capital in the nation's debt and equity markets. Reaganomics ICMC money supply pressure objectives included but are not necessarily limited to the following: 1. The closing of transfer tax avoidance succession planning alternatives for closely-held business owners in certain provisions of the Tax Equities and Fiscal Responsibilities Act of 1982 with an eye toward inducing reinvestment of net estate assets of deceased closely-held business owners in capital market assets; and, 2. The closing of opportunities to shelter ordinary income from passive real estate limited partnership losses in the Tax Reform Act of 1986 and anteceding regulatory changes with an eye toward inducing the reallocation of such investments into capital market assets. The foregoing are but a few examples of how the ICMC uses law and regulation to reallocate resources in favor of increasing money supply pressure on capital market investments to concomitantly increase the value of the ICMC centralization of control over the allocation of capital in the nation's capital markets. A closer examination of changes in law and regulation since the emergence of the nation's organized capital markets is sure to reveal other such examples.

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Privatization of Social Security Following the foregoing Reaganomics capital markets money supply pressure transfusion, it is transparent the ICMC looked for its next drug fix. It came by President George W. Bush's effort to partially privatize social security. It does not take much education to figure out the partial privatization of social security would hold significant, material, and long-lasting money supply pressure consequences for the nation's capital markets.69 Of course, the ability to use laws and regulations to effect the foregoing ICMC Agrarian, Industrial, and Information Economy objectives requires cooperation from the governmental authority.

In part and as detailed in the last Chapter, the ICMC may use the tactic of

assassination as a means to intimidate members of the executive and legislative branches of the federal government to protect the secrecy of its unholy alliance with the Church. However and as detailed in the next Chapter, it also uses the tactic of bludgeoning the public with financial hardship to cement its control over the federal government's executive and legislative branches and to achieve its state of the economy objectives.

69

The Enron debacle occurred while I was incarcerated. When I came home from prison, I attended the American Accounting Association's 2005 national meeting in San Francisco. The AAA is the international organization of university accounting professors. The keynote speaker was Congressman Oxley. The SarbanesOxley legislation occurred after the Enron debacle; whereby the international accounting firm, Arthur Andersen & Co. was dissolved. My impression is that the ICMC targeted the accounting profession for some sort of retaliation; ergo, Arthur Andersen & Co. was always the primary target in the Enron prosecution; not Enron or its executives, they were window dressing. The accounting profession lost some of its independence to the ICMC-controlled federal government in the dissolution of Arthur Andersen & Co. and the passage of the Sarbanes-Oxley legislation. Intuition tells me that the accounting profession formed serious opposition to an ICMC objective; perhaps it was the goal to privatize social security.

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Chapter 5 The Federal Government's History of Conflicts with the ICMC From the time capital markets emerged in the young Nation, conflicts over economic policy arose between the ICMC and the federal government. The ICMC employed the tactic of bludgeoning the public with financial hardship to exert control over the executive and legislative branches of the federal government as a means to achieving the last Chapter’s described state of the economy objectives.

This section addresses the ICMC's approach to controlling the

executive and legislative branches of the federal government. Based on the totality of the facts and circumstances involving the Rehnquist Court's historic exercise of supervisory jurisdiction described in this book, it appears the ICMC, early on, adopted a simple approach to controlling the federal judiciary: corrupt the trial courts through bribery and deprive the appellate courts of jurisdiction to review corrupt cases. This is the primary target of the Rehnquist Court's exercise of supervisory jurisdiction; the balance of the book will be devoted to understanding this historic exercise of judicial martial law.

The ICMC's Historic Confrontation with the Federal Government The agrarian economy was essentially devoid of ICMC activity because capital forming relationships were unilateral. However, as the transition from the agrarian economy to the industrial economy approached and multilateral capital forming relationships transcended, the emergence of the ICMC's influence over the federal government is observed. From its inception and until the industrial revolution unfolded in the United States, the ICMC was defined by formal control over the allocation of scarce capital resources in the capital markets. In this setting, the ICMC's control over the federal government involved using the passage of laws and

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regulations as a barrier to entry to compete with its emerging economic power. These activities underscored the divisiveness leading to the Nation's Civil War. Following the Civil War, the ICMC became defined by formal control over the access to capital in the allocation of scarce capital resources in the capital markets. In this setting, the ICMC's control over the federal government involved using the passage of laws and regulations to reduce the uncertainties of the factors of production. These influences over the federal government added to the ICMC's continuing use of its agrarian economy objective to develop barriers to entry in the competition over economic power. During this period, the federal government waged a war with the ICMC to retain its authority over the ICMC's economic monarchy. The ICMC retaliated and the federal government later capitulated. In the information economy, the ICMC's control is legislated by informal cartel agreements as its economic power spreads throughout the world. Moreover, in this economy the ICMC's control over the federal government is manifest in the passage of laws and regulations designed to increase money supply pressures in the capital markets by imposing barriers to entry in competing venues.

The Anti-Trust Legislation As the ICMC economic power base grew in the industrial revolution period following the Civil War, the struggle between the ICMC and the federal government for control over American economic policy increased. The federal government struck out against the emerging economic power of the ICMC by and through introducing antitrust legislation, initially codified in the Sherman Antitrust Act of 1890.

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The Sherman Act was the first federal statute to limit cartels and monopolies.70 This statute invested authority in the federal government to prosecute monopolies in the restraint of trade.71

During the administration of President Theodore Roosevelt (1901-1909), forty

monopolistic corporations were dissolved.72 Thereafter, the Clayton Act of 1914 empowers private parties injured by violations of the Act to sue for treble damages under Section 4 and injunctive relief under Section 16.73

The ICMC Antitrust Legislation Retaliation The ICMC retaliatory strategy against the federal antitrust legislative war was carefully orchestrated. It would establish the ICMC methodology for future confrontations with the federal government and others who dared challenge the ICMC agenda. Following the close of World War I, the "Roaring Twenties" witnessed unprecedented growth, a time of prosperity and excess in the city.74 This period of illusionary prosperity was intentionally orchestrated by the ICMC with its eye toward unmercifully bludgeoning the public and federal government into ICMC economic policy submission.75

That bludgeoning commenced in October 1929 and

became known as the Great Depression.76

70

http://en.wikipedia.org/wiki/Sherman_Antitrust_Act.

71

Id.

72

http://en.wikipedia.org/wiki/Theodore_Roosevelt.

73

http://en.wikipedia.org/wiki/Clayton_Antitrust_Act.

74

http://en.wikipedia.org/wiki/Wall_Street_Crash_of_1929.

75

The "economic-a-go-go" period of the early twenties will be repeated in later historic events described in this book as the ICMC sets up financial calamities following illusionary periods of prosperity to achieve the real objectives of its hidden agenda. 76

http://en.wikipedia.org/wiki/Wall_Street_Crash_of_1929.

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The Federal Government's Capitulation Whether FDR was an ICMC insider from the get-go must be judged by history. But, one thing is made clear by history already unfolded, the New Deal gave the ICMC everything it wanted to cement its role as America's only economic monarchy. From this perch, the ICMC would launch itself as a world economic monarchy; transcending all boundaries, political regimes and factions. The New Deal included a few pieces of legislation bearing the ICMC signature. It is not that these legislative strategies are all debilitating to the notion of free men and world peace, even measured against the scripture writers' standard for impossibility-resolved (individual: societal) well-being transitivity. The long-term financing infrastructure wrought by mortgage guaranty insurance brought the largest economic boom through the expansion of suburban America that the world had theretobefore witnessed. However, when such ideals are ensconced in other legislative strategies intended to vest formal control over access to scarce capital resources in the nation's capital markets, they are sheltered in the prejudice written by the unholy alliance between the Church and the ICMC. Specifically, the New Deal brought legislative reforms allegedly to protect the investing public. But, in substance the New Deal's 1933 and 1934 Securities Acts create barriers to entry in the economic power paradigm, thereby cementing the ICMC as America's economic power monarchy.

Federal Racketeering Statutes Joe Sr.'s revenge agenda saw the light of day in the Kennedy administration's intended ICMC attack by and through the legislation of the federal racketeering statutes. This statutory scheme has the appearance of a weighty attack strategy to repeat the attack formulated by the - 55 -

antitrust legislation; including the civil remedy of treble damages. However, the war between the ICMC and the Kennedy administration did not last long.

Joe, Sr. was stricken by a

debilitating stroke in 1961, silencing him until his death in 1969; JFK was silenced by his 1963 assassination; Teddy was extorted by the 1964 plane crash--leading to his complicity in the deaths of Mary Jo Kopechne, and John Jr. and his wife and sister-in-law; and the voices of RFK and MLK were silenced by 1968 assassinations. There would be no repeat of the kind of hardship the ICMC endured in Teddy Roosevelt's trust-buster regime.

The Nixon Resignation A few matters occurred during President Nixon's administration that only becomes substantively tell-tale when measured against the ICMC agenda fulfilled through Reaganomics. First, the Tax Reform Act of 1969 legislated a balance of money supply attacks on both the ICMC and its major competitor for investment dollars, privately owned real estate.

The

controlled corporation rules were introduced, which effectively eliminated multiple surtax exemptions used by America's public corporations to shift the federal government's tax burdens away from ICMC interests. However, the Tax Reform Act of 1969 concomitantly attacked the expected returns from privately owned real estate through the introduction of the depreciation recapture rules. These tax provisions balanced the Nixon administration's interest in remaining neutral to the ICMC's ability to pursue its information economy money supply pressure objective. A key player in the Supreme Court's war with the ICMC was introduced during the Nixon administration. President Nixon nominated William H. Rehnquist for Associate Justice of

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the Supreme Court of the United States on October 21, 1971.77 Rehnquist was confirmed on January 7, 1972.78 Nixon's neutrality in aiding and abetting the ICMC's information economy money supply pressure agenda probably led to the Watergate debacle as an instrument of ICMC retaliation. As a result, President Nixon resigned from office on August 8, 1974.79 The ICMC had thrown down the proverbial gauntlet to any future candidate for the presidency.

Reaganomics The ICMC information economy money supply pressure found a willing partner in America's presidential politics: Ronald Reagan. Reaganomics paved the way for the ICMC to take a lion's share of investor dollars and reallocate it away from closely-held business interests and privately held investment real estate and into the Nation's capital markets. The agenda's success is measured by the DJIA growth from 950 to 3000 during Reagan's tenure. As reported in the next Chapter, these ICMC orchestrated Reaganomics programs were met with informal information signals from the Supreme Court of the United States; signals that can only be interpreted as disapproving, setting the stage for the Rehnquist Court's historic exercise of its supervisory jurisdiction in its war against the ICMC.80

77

http://supct.law.cornell.edu/supct/justices/rehnquist.bio.html.

78

Id.

79

The September 8, 2008 market index change informal information signal analyses indicates the Court considers Richard Nixon a hero, realizing it was the ICMC that orchestrated the June 17, 1972 Watergate break-in in retaliation against Nixon for his effort to assail the head of the ICMC hierarchy. 80

It should be noted with interest that Associate Justice William H. Rehnquist was nominated by President Reagan to become the Chief Justice of the United States on June 17, 1986. Rehnquist assumed his Chief Justice duties upon being sworn in on September 26, 1986.

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In 1994, President Reagan wrote a letter to the American public proclaiming he had been stricken with Alzheimer's disease.81 In light of the death by illness of Presidents Harrison, Taylor, and Roosevelt, the question begging is whether President Reagan's Alzheimer's disease was intentionally inflicted inasmuch as it is generally suspected the disease can be engendered by infectious agents.82 The question can only be answered by knowing whether President Reagan intended to redeem his soul and fortify his place in history by considering the notion of disclosing the ICMC's unholy alliance with the Church.

81

http://en.wikipedia.org/wiki/Ronald_Reagan's_Alzheimer's_letter.

82

http://www.sciencedaily.com/releases/2008/05/080522155752.htm. The ICMC's retaliatory infliction of infectious agents leading to Alzheimer's Disease will be suggested in a the life of another public figure in a later section of this paper.

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Chapter 6 The Supreme Court's Use of Informal Information Signals While I am unable to pinpoint when the Supreme Court of the United States began using informal information signals in its search for an opportunity to prosecute ICMC members for official corruption; I can tell you the first such signal I detected was a formal decision the Court rendered on January 13, 1982.83 However, I didn't countenance it as an "informal information signal" from the Court, as I would later come to appreciate. My tax planning team and I merely marveled at what appeared to be an aberration among the Court's then contemporary decisions. The decision involved a definition of brother-sister corporations under the Internal Revenue Code's controlled corporation laws, 26 U.S.C. §§1561, et seq.

The Court's Vogel Fertilizer Informal Information Signal In hind sight, the Court's decision in United States v. Vogel Fertilizer Co., 455 U.S. 16 (1982) attacked the ICMC's manifest money supply objective inherent in the Tax Equity and Fiscal Responsibilities Act of 1982. While the Court may have had a more broad perspective than I later observed, it seems Vogel Fertilizer was an informal information signal objecting to the ICMC's strategy to create capital market money supply pressures by closing transfer tax advantaged provisions in the Internal Revenue Code; specifically, the amendment of 26 U.S.C. §304.

83

At that time, the Court's composition included Chief Justice Warren Burger (ret'd. September 26, 1986); Associate Justice William J. Brennan, Jr. (ret'd. July 20, 1990); Associate Justice Byron R. White (ret'd. June 28, 1993); Associate Justice Thurgood Marshall (ret'd. June 28, 1991); Associate Justice Harry S. Blackmun (ret'd. August 4, 1994); Associate Justice Lewis F. Powell (ret'd. June 26, 1987); Associate Justice William H. Rehnquist (appt'd. Chief Justice on June 26, 1986; died in office on September 3, 2005); Associate Justice Sandra Day O'Connor (ret'd. January 31, 2006); and, Associate Justice John Paul Stevens (active).

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The kind of succession planning strategies that emerged throughout the 1960s, 1970s and the early part of the 1980s that minimized transfer tax pressures, and thereby minimized family farm asset disposition leading to capital market investment, came under attack in the Tax Equity and Fiscal Responsibilities Act of 1982.84 In many cases and with careful planning, it was possible to effect family succession with a minimum of transfer tax burdens. I now consider the Supreme Court’s Vogel Fertilizer decision a transparent policy response to its perceptions that-(a)

The provisions of the Tax Equity and Fiscal Responsibility Act of 1982 legislating amendments to 26 U.S.C. §304 effectively eliminated corporate reorganizations designed to implement value-freezing capital structures for estate-planning purposes,

(b)

The TEFRA amendments to 26 U.S.C. §304 were enacted to discourage business asset succession while encouraging estate business asset disposition and the reinvestment of inherited residual assets in capital market investments,

(c)

The reasonably foreseeable strategy encouraging estate business asset disposition and the reinvestment of inherited residual assets in capital markets was adopted to increase the money supply flowing into the capital markets with an eye toward significantly and materially increasing capital market values, and

(d) The reasonably foreseeable consequences of the foregoing scheme for reallocating capital included increasing the value of the ICMC's centralized control over the allocation and distribution of wealth by and through the capital markets.

84

The changes made by TEFRA to 26 U.S.C. §304 focused this attack.

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I remember being relatively shocked by the Court's Vogel Fertilizer decision. The Vogel Fertilizer Court's holding eased the rules for achieving multiple corporate tax brackets by its interpretation of the controlled corporation tax laws. As a tax planner, my team and I always looked for opportunities to maximize the number of tax brackets available in every succession planning case. As a result of Vogel Fertilizer's holding, we created a planning strategy we called "Bottom Freezing." While TEFRA's changes to 26 U.S.C. §304 effectively closed down the use of newly formed holding companies to effect value-freezing succession planning strategies, Bottom Freezing sought to continue achieving the same objectives by utilizing newly formed subsidiaries where the respective capital structures of the new corporations were characterized by succession planning value freezing stocks and securities.85 For what I believed was a conservative Court, the Vogel Fertilizer decision was the proverbial manna. Only later when I concluded the Court's use of informal information signals did I realize the Vogel Fertilizer decision was a statement by the Court, objecting to the legislative and executive processes to effect the ICMC Information Economy money supply pressure objective while causing economic harm to farm families and other closely-held business owners throughout the United States. 85

In fact, we wrote an article titled Bottom Freezing where the tax planning strategies heavily relied on the Vogel Fertilizer Court's new brother-sister corporation algorithm begetting advantageous multiple corporate tax brackets. We submitted the paper to The Journal of Taxation for publication consideration. The managing editor conveyed initial excitement about the paper's publication prospects. However, the paper was later rejected for publication. We continued to use Bottom Freezing strategies in succession planning efforts. However, in 1989, Congress changed an important aspect of the tax-free incorporation statute, 26 U.S. C. §351: it eliminated the word "securities" from the tax-free definition. As a result, only stock issued in incorporation could give rise to a tax-free transfer. It seems the ICMC was intent on closing down the Bottom Freezing succession planning strategy. The Court, today, uses informal information signals to help me realize this is where my relationship with it began in the Rehnquist orchestrated assault against the ICMC. The case name, Vogel Fertilizer, is used to implicate a phonetic metaphor: vocalize. The Court was “vocalizing” a search for an opening against the ICMC, using a “bottom: up” strategy. The Court considers my submitted paper my return informal information signal: Does the journey of attacks involve bottom freezing? That is, it was taken to mean, “Are you going after the bottom of the ICMC hierarchy or will you pursue it to the top?” The answer came back in the editor’s rejection: “No, we’re not bottomfreezing.” The building of the JNC system, with an eye toward eventual litigation, to create a credible entrée to the ICMC bottom rung then ensued.

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The Court's McNally Informal Information Signal But in terms of Reaganomics consequences, TEFRA was just the beginning. A more significant Supreme Court informal information signal came as a result of a series of President Reagan's economic policies. In hind sight, this surprised me inasmuch as many justices had been appointed by President Reagan, including Chief Justice Rehnquist's ascension to lead the Court. The second Supreme Court informal information signal came by a formal decision the Court entered on June 24, 1987. Again, at the time the decision was rendered I did not appreciate it as an informal information signal; later, I would. Nonetheless, the decision was heralded in the nation's law review journals as the most profound federal mail fraud decision in the history of the mail fraud statute, 18 U.S.C. §1341. Specifically, the Supreme Court's landmark and retroactive mail fraud decision in McNally v. United States, 483 U.S. 350 (1987),86 appears to be an informal information signal reflecting the Court's policy response to its perceptions that− 1. The reasonably foreseeable consequences of the initial savings and loan deregulation and Economic Recovery Tax Act of 1981 real estate investment tax advantages would lead to a real estate market glut, 2. The reasonably foreseeable consequences of such a real estate market glut would lead to legislative and regulatory efforts to curtail real estate investment tax advantages, 3. The Federal Home Loan Bank Board's change in underwriting guidelines requiring MAI appraisals of new construction projects be expressed net of absorption costs, 86

At that time, the Court's composition included Chief Justice William H. Rehnquist (died in office on September 3, 2005); Associate Justice William J. Brennan, Jr. (ret'd. July 20, 1990); Associate Justice Byron R. White (ret'd. June 28, 1993); Associate Justice Thurgood Marshall (ret'd. June 28, 1991); Associate Justice Harry S. Blackmun (ret'd. August 4, 1994); Associate Justice Lewis F. Powell (ret'd. June 26, 1987); Associate Justice Sandra Day O'Connor (ret'd. January 31, 2006); Associate Justice John Paul Stevens (active); and, Associate Justice Antonin G. Scalia (active).

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4. The reasonably foreseeable curtailment of real estate investment tax advantages in the Tax Reform Act of 1986 (specifically, 26 U.S.C. §469) would be undertaken to reallocate wealth away from tax-advantaged real estate investment to capital market investment, thereby increasing the capital market's money supply pressures with an eye toward significantly and materially increasing capital market values, and 5. The reasonably foreseeable consequences of the foregoing reallocation of wealth scheme included increasing the value of the ICMC's control over access to the capital markets in the allocation of scarce capital resources in the world's capital markets. It is necessary to understand the force of the McNally decision to comprehend its significance as an informal information signal. McNally was regarded in the nation's law review journals as the most pervasive decision in the history of the federal mail fraud statute, 18 U.S.C. §1341. The law review journals claimed McNally led to reversal of hundreds of convictions and stopped stop a like amount of ongoing prosecutions. The issue at stake in McNally is referred to as the intangible rights doctrine. Briefly, the Court held the mail fraud statute never embraced a theory of criminality like the deprivation of an employer's right to an employee's honest and faithful services. Any case predicated on such a theory of criminality fell prey to McNally's holding; conviction reversal and dismissal being the only recourse. The ICMC influenced legislative and executive branches of the federal government sought its own form of retaliation to McNally. On January 1, 1988, 18 U.S.C. §1346 became law. The Congress did not make it a part of the mail fraud statute in principal; perhaps out of fear it might be struck down as unconstitutional. So it parked the McNally proscribed theory of criminality in its own statute, isolated for an eventual unconstitutional argument.

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When McNally's landmark force is weighed against the ICMC's Reaganomics strategy to reallocate money supply pressures from real estate investments to capital market investments, the Supreme Court's disdain for the ICMC agenda characterizing Reaganomics becomes clear. The real message, though, was that the Court was shopping for an opening against ICMC official corruption. That opening came in 1989 through my litigation matters.

The Attorney-Client Privilege Crime-Fraud Exception Informal Information Signals As described, supra, the ICMC's strategy to control the federal judiciary is distilled by its strategy to effect trial court corruption and to forestall appellate jurisdiction acquisition over cases where it has corrupted the judicial process. This ICMC strategy has not been lost on the appellate courts; however, the revisory courts' abilities to gain an opening to eradicate this corruption have been denied by carefully orchestrated ICMC controlled corruption. Fortunately or unfortunately for me, the opportunity for the Court to find its opening in an attack against the ICMC came through my civil, bankruptcy, and criminal litigation arising out of my real estate development activities and the nationwide real estate depression orchestrated by Reaganomics. Specifically, the Rehnquist Court seized the opportunity by certain activities leading to my conviction tainted by fraud on the court corruption to invoke its supervisory jurisdiction, targeted at breaking the ICMC's corrupt hold on America's judiciary, the federal government's executive and legislative branches, and the economic well-being of the world at large. The Court's use of informal information signals as reported in this chapter principally involves its historic confrontation with the ICMC; though, in 1989 it used certain informal information signals in cases related to mine that were decided in the San Francisco-based United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit"). The High Court has been - 64 -

hamstrung to combat the ICMC in these matters until it acquired supervisory jurisdiction over the ICMC's illegal conduct in the courts by and through opportunities presented by the litigation affairs in my civil, bankruptcy, and criminal cases. Let me explain a transparent strategy used by the ICMC to corrupt the judicial process at the trial court level. It involves a district court judge's use of in camera review of allegedly privileged matters to learn the nature of a briber's need for certain adjudications, the nature of the underlying causes leading to the required adjudications, and what the value of such adjudications is to the briber. The process of in camera review involves the judge's ex parte review of documents over which the briber-party before him or her submits without disclosure to litigation adversaries. The revisory courts obviously knew of this illicit practice. It appears that although the appellate courts wanted to curb this unlawful trial court practice, they also wanted to use the process to gain an opening through which to attack the ICMC. Certain cases were emerging in the Ninth Circuit in 1988 and 1989 that wound there way to the Supreme Court of the United States involving the propriety of a district judge's in camera review of documents allegedly protected by the attorney-client privilege when the crime-fraud exception to the privilege is raised. The Ninth Circuit's decisions are reported as United States v. Zolin, 809 F.2d 1411 (9th Cir. Feb.9, 1987); 832 F.2d 127 (9th Cir. Nov. 6, 1987); 842 F.2d 1135 (9th Cir. March 28, 1988); and, 850 F.2d 610 (9th Cir. July 5, 1988) (amending 842 F.2d 1135). These cases involved a dispute between the Internal Revenue Service and the estate of L. Ron Hubbard. The question before the Ninth Circuit specifically involved when it was proper for a district judge to effect in camera review of allegedly privileged documents where a crime-

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fraud exception to the privilege had been raised.

The Ninth Circuit's opinion sets forth

requirements for a threshold crime-fraud exception showing that enables a district judge to effect in camera review. That is, the district judge's in camera review was proscribed in the absence of such a showing; purportedly an attack on the ICMC official corruption tactic of employing in camera review to educate the district judge who was the target of the bribe. Following the Ninth Circuit decision, certiorari was sought in the Supreme Court of the United States. The Supreme Court's decision in United States v. Zolin, 491 U.S. 554 (1989), somewhat modified the Ninth Circuit's necessary ex ante crime-fraud exception showing criteria that warrant a district judge's in camera review of documents allegedly protected by the attorneyclient privilege where the crime-fraud exception to the privilege has been raised. Obviously, the Supreme Court was echoing the Ninth Circuit's concern that, prior to Zolin, the in camera review process had been an instrument of ICMC corruption. Concomitant to the Zolin decisions weaving their way through the Ninth Circuit and the Supreme Court, an attorney-client privilege question arising out of civil litigation indirectly involving my civil, bankruptcy, and criminal cases was making its way from the United States District Court for the District of Arizona and the Ninth Circuit.

The District Court's

Memorandum Decision and the Ninth Circuit's decisions and opinions in Admiral Insurance Company v. United States District Court for the District of Arizona, 881 F.2d 1486 (9th Cir. August 9, 1989) define an informal signal that the "crime-fraud exception" applies to the Admiral Insurance Company claim of attorney-client privilege over the "Exit Interviews." As described in the opinion, the Exit Interviews are a short-hand reference to interviews conducted by counsel of two Admiral Insurance Company employees in advance of litigation. The two employees were the representatives with whom I worked from 1984 through 1987 to obtain

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approximately $80 million of Admiral limited partnership financial guaranty bonds; approximately $65 million of these guaranties were outstanding at the time of the JNC systemwide September 1987 Chapter 11 filing. Because the Exit Interviews were conducted by counsel with an eye toward impending litigation, Admiral contended they were protected by the attorney-client privilege. The civil adversaries in that proceeding, which neither included JNC nor me, asked U.S. District Judge Richard M. Bilby to determine whether Admiral had a valid attorney-client privilege claim. Admiral submitted the Exit Interviews to Judge Bilby for in camera review without its adversaries making a crime-fraud exception showing. Judge Bilby entered an order determining the Exit Interviews were not protected by the attorney-client privilege. Admiral immediately sought emergency mandamus relief in the Ninth Circuit. The Ninth Circuit stayed Judge Bilby's order, determined the merits of the attorney-client privilege claim, and held that the Exit Interviews were indeed protected by Admiral's attorney-client privilege claim and not subject to discovery by Admiral's civil adversaries in that proceeding. Footnote 2 of the Ninth Circuit opinion recognizes JNC is not a party to that proceeding (implicitly suggesting the doctrine of res adjudicata does not apply to JNC); and, footnote 3 advises the Ninth Circuit has the Exit Interviews in a sealed record in its files (as if to invite another party, like me, to come get them under the crime-fraud exception). I believe by the time the Ninth Circuit entered its opinion in the foregoing mandamus proceeding, the Supreme Court had acquired Supervisory Jurisdiction over the proceeding on the grounds and for the reasons both the Ninth Circuit and the Supreme Court recognized the Exit Interviews were designed to facilitate bribing Judge Bilby and other Tucson public officials in consideration for judgments

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Admiral needed in the JNC litigation to protect its interests, including its own criminal prosecution for federal racketeering violations. The information content I finally allege the Exit Interviews contain is explained later in this book. The story as to how I figured out the Exit Interviews' information content is also explained later in this book. But, the bottom line is that I believe this was the window of opportunity the Supreme Court had been looking for in prosecuting the ICMC for public corruption. When the Ninth Circuit proceeding brought it to the Supreme Court's doorstep, the Rehnquist Court did not hesitate to acquire Supervisory Jurisdiction over the matter, including my person and property interests.

The Darkened En Banc Ninth Circuit Courtroom Informal Information Signal The JNC civil, bankruptcy, and criminal litigation began on September 17, 1987 when I filed Chapter 11 proceedings for approximately 42 limited partnerships, 8 corporations, and for me, individually, in the United States Bankruptcy Court in Tucson, Arizona. Through the course of this litigation, I had the occasion to file several actions in the United States Court of Appeals for the Ninth Circuit in San Francisco, reaching both to its appellate and extraordinary jurisdiction. I would estimate I probably filed 20 cases in toto in the Ninth Circuit. I would later file somewhere between 3 and 4 Petitions for Writ of Certiorari in the Supreme Court of the United States. The Supreme Court never took jurisdiction in any of the cases I presented to it. My last pre-incarceration Supreme Court case involved a bankruptcy adversary proceeding wherein I alleged Admiral violated the bankruptcy automatic stay provisions. I hired a Washington, D.C., attorney with Supreme Court experience to increase the odds the Court might take jurisdiction over the automatic stay violation case. - 68 -

That attorney subsequently

telephoned me and advised me that the Circuit Justice, Sandra Day O'Connor, threatened to sanction me if I filed that case. Her threat was pre-emotional-catharsis, and in hind sight, probably intended to force me down the path I eventually figured out while incarcerated. You could say her threat was somewhere between an informal and formal information signal. When all my cases were filed in the Ninth Circuit, I always requested oral argument. Oral argument was always denied; except on one occasion: an appeal from the United States Bankruptcy Appellate Panel for the Ninth Circuit involving whether I could exchange debt for prepaid rent as compensation to me in one of my own condominium projects.87 The rental is where my then wife and I resided from 1987 to 1993. Don't get excited, I lost this decision, too. But, the Court did grant oral argument. So, I prepared to travel to San Francisco to argue the case before the Ninth Circuit. I had an attorney friend who was kind enough to represent JNC's corporate interests pro bono because I could not represent it since I am not an attorney. His name is Donald E. Gabriel. I tended to represent myself whenever I appeared individually.

However, Donald and I

discussed the idea he would actually make the argument before the Ninth Circuit. I had made some arguments in courts in Tucson; but, my God, this was the Ninth Circuit. Donald and his girlfriend, Pam Patton, and my then wife, Stacia Sumwalt, and I traveled to San Francisco for the oral argument. We planned it like a vacation and spent several days in the bay area. As I recall, the oral argument was scheduled for July 3, 1992. My mother's birthday (64th). Donald and I traveled to downtown San Francisco and found the office building housing

87

As I recall, the Ninth Circuit judge who authored the Admiral Exit Interview decision was on that threejudge appellate panel. His name was Stephen Reinhardt. I have always credited him with seeing the Exit Interviews as bribery bait.

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the Ninth Circuit. It seemed like the entrance was through an alley; the Court was not on the ground floor. So we had to take the elevator to get to its main floor. On arriving on the appropriate floor, Donald and I were walking down the corridor; there were courtrooms on the left and courtrooms on the right. We just had to find our courtroom. The hearing, I believe, was scheduled for 1 p.m. or 1:30 p.m. As we were walking down the corridor, a young lady approached us, asked us if we were us, and advised she was among the Court's clerks. She showed us where our courtroom was. She then directed us across the hall and invited us to wait in this other courtroom until the time for our hearing on the bankruptcy case appeal. She opened the door to this other courtroom but did not turn on the room's main lights. The only light in the room were night lights which barely illuminated the interior; there being no exterior windows providing light. She advised she would come back and get us when it was time to go to our hearing. We took chairs at a counsel's table; even the trustee-in-bankruptcy's lawyer, my adversary in this proceeding, was invited to sit with us. As I looked up I figured out the courtroom where we were seated. The dais was raised above the main floor, as you would see in other courtrooms. However, there was more than one judge's chair. I knew the Ninth Circuit, as an appellate court, usually had three-judge panels. I also knew the Ninth Circuit was the largest federal circuit court of appeals in the United States; as I recall, there were something like 27 active Ninth Circuit judges at the time. 88 I didn't count all the judges' chairs; there were a lot of them. I wouldn't have been surprised if they numbered 27. I knew, then, the clerk had seated us in the en banc courtroom. In the federal courts of appeals, there is an intermediate review prior to seeking certiorari in the Supreme Court. It is 88

Today, I think there is something like 50 active Ninth Circuit judges.

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review by the entire court of appeals and is called en banc review. I think, typically and at least in the Ninth Circuit, en banc review usually involves at least 12 judges and not necessarily all active judges. We sat there in semi-darkness for at least 20-30 minutes. During that time I wondered why were so strangely accommodated. Of course, I consider myself to be a small town boy from Tucson, Arizona and not entitled to any special treatment. After all, I was sitting there charged with over 300 felonies in two different state criminal proceedings. So I thought about my time in the military during the Viet Nam war; the times when the F-4s would fly back over the base in missing man formation; and all those reported to have lost their lives defending my right to be sitting there. I also reflected on what I believed was the unfairness in my bankruptcy proceeding where nearly $200 million in assets were sold for a song and a dance; and the plethora of criminal charges I faced. Only later did I realize the Supreme Court's informal information signal. It was the Rehnquist Court's supervisory jurisdiction message.89

89 At that time, the Court's composition included Chief Justice William H. Rehnquist (died in office on September 3, 2005); Associate Justice David Souter (active); Associate Justice Byron R. White (ret'd. June 28, 1993); Associate Justice Clarence Thomas (active); Associate Justice Harry S. Blackmun (ret'd. August 4, 1994); Associate Justice Anthony Kennedy (active); Associate Justice Sandra Day O'Connor (ret'd. January 31, 2006); Associate Justice John Paul Stevens (active); and, Associate Justice Antonin G. Scalia (active).

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Part II Why me, Lord?

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Chapter 7 The Pre-JNC Years Much to my Mother's surprise, I did manage to graduate high school June 1968; on schedule. James Dean had nothing on me, though; I was the pink-slip king my junior and senior years, the one who most frequently visited the Dean's office. I was nearly expelled six weeks before graduation; only my Mother's pleading saved me. I refused to kiss ass; a very formative trait.

My Military Service: A Russian Linguist Following a dismal performance as a radio-television major at the University of Arizona in fall 1968 (girls, girls, girls), my professors gratuitously allowed me to withdraw from school without tainting my grade point average. I told them I was enlisting in the military. Thank God I didn't mess up my GPA. I entered the Air Force on my eighteenth birthday in December 1968; the height of the Viet Nam war. My brother, Michael, was a Marine on his way to a tour of duty in Viet Nam. Had I waited, I would have never been drafted. My lottery number, it turns out, would have been too high. I flunked Spanish in high school. Somehow, though, I aced the abstract language test in basic training at Lackland AFB, San Antonio, Texas. When asked, I said I wanted to be a Vietnamese linguist.

Rah-Rah.

God was watching out for me; He sent me to Syracuse

University to become a Russian linguist. I met my first wife, Elaine, while stationed in Syracuse. We married in July 1969. Although we were both Catholic, took Catholic instructions, and married in the Church, I had no

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idea what love in the presence of God might involve. I would come to learn that later; a mixture of experience, scholastic inquisitiveness, and a whole bunch of desire. Following language school, radio school, survival school, and airborne school, I was finally sent to Yakota AFB, Tokyo, Japan for my first assignment in July 1970. I had a Top Secret security clearance. It always amazed me how things I read that were classified were in the newspaper the next day or so. While in the military I learned a very important lesson. There were times when I did not do well in providing for Elaine or, eventually, our family. I remember one time while at radio school in San Angelo, Texas we had but a box of macaroni in the cupboard. She went back to Syracuse and I moved into a dorm on base. I was transferred to Yakota in July 1970; Elaine followed with our first child, Jennifer, four months later. Again, the financial crunch was on. Overseas, though, we were alone. The housing was off-base; the Tokyo winter was cold.

A World-Class Salesman is Born I came across an opportunity to have a part-time job. I worked for an outfit called Capital Management Systems, Ltd. It was owned by a fellow named Harry Sperber. CMS had offices in Tokyo, Seoul, Okinawa, Taipei, Hong Kong, Manila, and Bangkok. The principal business was to sell real estate located in the United States to folks overseas. That is, we were selling real estate sight unseen. I did fairly well. I was able to buy a new furnace for the house so we wouldn't freeze to death; a new refrigerator, stove, washer, dryer, and furniture so we could live; and food, lots of food. I was also able to buy a fairly decent used automobile on the Japanese economy; one with the steering wheel on the other side. Money: A necessary commodity that enables one to - 74 -

provide for his family. I was only twenty at the time; learning how to be a family provider on my own. No one ever taught me how to do it; another one of those formative traits. We lived in a little neighborhood where several other Russian linguists and their families resided. We all went through Russian school and the other training together. One night, two of these guys pulled me outside, saying they wanted to talk to me about something. They counseled me that I was spending way too much time away from my family on my part-time job. I was incensed and believed Elaine had been crying the blues, notwithstanding we had things for the first time in our married life. I told them, unlike their families, my family did not have the ability to send us money. I had to earn it on my own. Elaine and my views differed on this issue throughout the balance of our marriage. The balance between making a living and family is probably one of those things I haven't mastered well yet, even at the ripe old age of 58. I cannot escape the experience of not being able to provide and how it establishes my priorities today. One night while I was on a mission to Viet Nam, Elaine was attacked in her sleep and nearly raped. We had been transferred to Okinawa. Following this tragedy, she returned to the United States. The base commander thought it would be in my best interest if I took an early discharge. That's why I was honorably discharged during the Viet Nam war after serving only three and a half years on a four year gig. I was discharged on June 19, 1972. I would have made E-5 on July 1, 1972; I was burning up the ranks. A stellar Russian linguist was I, and a successful real estate salesman. Later that summer, Elaine and I were struggling to make a living back in the states. We had conversations with the Air Force. I would have been paid a tax-free reenlistment bonus of $10,000 had I re-upped. There were only few places we could go in the world. We wanted

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Greece, Germany, or England. The Air Force offered Nebraska or Alaska. In the last moments of the 90-day reenlistment period, I told Elaine I couldn't do it. She was upset; she had already been spending the $10,000 bonus. In early October 1972, I telephoned Harry Sperber in Okinawa. I told Harry I wasn't making a living in the states. He said he would pay my way to Seoul, Korea, pay Elaine $800 per month, and cover my expenses while I was in Seoul. He would then deduct what he advanced from my forthcoming commissions. Now, I liked that deal. So I took it. Harry sent the plane ticket and money for Elaine, as promised. I flew to Seoul, Korea. I had never been there; didn't know anyone there. The CMS Seoul manager was a guy named Mac. Harry Sperber sent another sales manager to help Mac, as well. His name was Harry Gillis. Harry Gillis and I stayed in Mac's apartment with Mac and his Korean girlfriend. I was in Korea sixty days. I had to begin selling real estate to strangers I had never met by cold-calling and introducing myself. I used the telephone. I knocked on doors in upscale high-rises. There were times I was so scared I took my right hand and forced my left hand to knock on the door. I had my pitch polished; left over from the year and a half of experience already acquired. I left Korea on December 9, 1972. I paid Harry Sperber back for my plane ticket, the money he had sent to Elaine, and my expenses advanced. I still had $10,000 left over. I did that well in two months. I was just about 22 years old. My third child, Brandon, was born the night I returned. I wonder what caused Elaine to go into labor. After the 1972 holiday, Harry Sperber wanted me to return to the orient. This time I went to Taipei. I think I was there only a month. Elaine kept pestering me on the phone to return to the states. I wasn't as nearly as successful this trip.

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On returning to the states, I tried selling real estate in Tucson. I wasn't successful doing that. I had to sell it sight unseen; as an investment. That's another of those formative traits.

Time to Go to School By the end of 1973 I developed a plan to go to school. While in the Air Force at Yakota AFB I had visited the base library and perused its cards for career opportunities. I liked the card for "Tax Attorney." I had some success in showing my other Russian linguist friends how to do their tax returns and capture the tax savings from deducting the expenses for moving to Tokyo. They were impressed with my tax savvy. So was I. By God, I was going to be a tax attorney. School, here I come. In January 1974, I took a job in the respiratory therapy department at Tucson Medical Center. At first, I cleaned the equipment. Later, I became a respiratory therapy technician and worked on the hospital floors. My fourth child, Joshua, was born in May 1974. He was born premature and had to spend the first two weeks of life in the nursery ICU. I was a respiratory therapy technician at the time; so I was able to read his blood gasses and follow his progress. I am sure this helped Elaine through this difficult experience. The bill was $5,000. I couldn't pay it so TMC wrote it off. I was grateful for their gesture. In the back of my mind I catalogued the debt; another of those formative traits. Also in January 1974, I matriculated at the University of Arizona as an accounting major. I had the credits from Syracuse University for the Russian courses; one economics class from Angelo State University; one University of Arizona correspondence course in trigonometry; 15 credits from the University of Maryland, Far East Division; credits from the College Level

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Examination Program; and military science credits. All these credits made me a junior at the university. So I was able to make good time out of the time spent in the military. I carried a full load that semester, 18 units; and, carried a full load in both summer school sessions. In the ensuing academic year I was able to complete all requirements for the Bachelor of Science degree in accounting in order to graduate in May 1975. I attended commencement ceremonies; I was the first in my family to receive a college degree. Also, in January 1975 a fellow TMC employee who was then graduating from the University of Arizona as an accounting major approached me and asked me if I would take over his small accounting practice. He had three or four McDonald's Restaurant franchisees as bookkeeping clients in Tucson. I agreed to do so. It didn't take long for me to figure out I made as much monthly from those few accounts as I did at TMC and spent less than a week out of each month doing the work. I left TMC employment shortly thereafter. Upon graduating with my bachelor's degree in May 1975, I became a research assistant for Hollis Dixon. He was my tax professor. My Masters in Accounting is concentrated in taxation; all those courses were taken under Hollis's tutelage. I learned an important lesson while earning my Master's degree. I ended up taking "Incomplete" in several courses. You have one year to finish the course and transform the grade. All my incomplete courses required me to submit term papers on tax research to Hollis; he brokered no advantage because I was his research assistant or business partner. I finished the term papers, practically on the last day available to complete the course within the one year time period. Procrastination died an ugly death in that experience; another formative trait. The business world revolves around deadlines.

I taught my students out of this

experience to make the deadline first and always first. When they got tired of tendering inferior

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product, they would learn to change that. But, they wouldn’t be successful if they did not have the habit of making deadlines first; quality second. Starting fall 1975, Hollis and I formed a new business: Farm and Ranch Estate Planning Services. Hollis's claim to fame is that he served on the staff of the Joint Committee on Internal Revenue Taxation during the legislation of the Tax Reform Act of 1969. In 1975, he was asked to give estate planning seminars to the American Banker's Association meeting in New Orleans and the International Harvester Dealers' meeting in Memphis. Both took place in October. Hollis and his wife; Elaine and me and our daughter Jennifer drove from Tucson to these events. Later, Hollis gave a lecture to the Registered Holstein Dairy Farmers Association of Maryland. We attracted a few clients from this meeting. Although I must admit I learned a bit from Hollis about tax planning, he learned a bit from me about sales. One time I observed Hollis getting all nervous and red in the face when it came time to ask the client for the check. I pulled him aside and asked if he would allow me to handle this part of our business; those formative traits surfacing again. He gladly acquiesced. I began having an affair with a girl from the university about the same time. Her name was Renee. She would become my second wife. When I decided I wanted to leave Elaine, Hollis threatened me. He said if I left Elaine I would no longer be his partner. I was no longer his partner. After Hollis and I split the sheet, I attracted one client for estate planning on my own. That client relationship was not successful. I was still learning myself. However, I didn't give up on my ability to be successful in succession planning. In fact, I visualized a slightly different approach out of my experience with Hollis. I realized we needed a little more sophistication in financial analysis; there were succession planning trade-offs in

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competing estate tax versus income tax planning strategies. I needed to develop a framework for that analysis.

The Birth of JNC: Meeting Tim Shaftel I had met another University of Arizona professor about the same time. His name was Tim Shaftel. I wasn't as well published as Tim. Tim was a well-published operations research professor in the Management Information Systems department at the University of Arizona. One day I ran into Tim at one of my accounting client's McDonald's Restaurants in Tucson. I asked him if he would be interested in helping develop a decision model that would evaluate trade-offs between estate tax and income tax planning strategies in a succession planning setting. He said he would. Initially, we worked on the model at the University of Arizona. Then Tim went on sabbatical to Stanford University. He worked on the Oil Committee of the Energy Modeling Forum. I visited him in Palo Alto on several occasions during the year he was there. When the model was completed we began using it immediately in our emerging consulting business. One of my McDonald's clients introduced me to a McDonald's executive, Gerry Newman. At the time, Gerry was McDonald's Chief Accounting Officer. In Ray Kroc's book, Grinding It Out, Ray tells the story about the time Gerry saved McDonald's from bankruptcy. The young upstart company was running out of cash; Gerry came up with the idea to move from weekly to bi-weekly payroll to forestall not being able to make payroll. Ray reports that the strategy saved McDonald's. Gerry made it possible for Tim and I to attend several McDonald's Restaurant franchisee regional meetings across the United States to make a seminar presentation on succession planning. At the time, many of McDonald's early franchise arrangements were maturing into re- 80 -

licensing and early franchisees were thinking about turning their franchises over to their children. So the seminars were timely. Tim and I traveled to Lake Tahoe, Oklahoma, Sacramento, and Boca Raton to make these presentations.

We attracted several McDonald's franchisees as

succession planning clients. We also did estate planning seminars for ComputerLand (Puerta Vallarta, Mexico) and the Miller Brewing Company (Las Vegas, Nevada). We did have a few independent clients as well. One of my more successful client relationships began when I was flying first class from Tucson to Chicago.

The gentleman sitting next to me showed me his audited financial

statements. I said I could save him money. I did; and that client made several million dollars from our relationship. In 1975, IBM opened a plant in Tucson. Over night, it seemed the Tucson real estate market enjoyed rapid gains. Our tax planning clients urged us to get into real estate projects. I began by syndicating a few deals with my graduate school buddy, Bob Nagoda. His last name represents the "N" in JNC. Bob wasn't all that enthused. Bob and I formed a few limited partnerships. These included two intended to build fast oil change shops and one to build residential townhomes. We intended to build a fast oil change shop in Sierra Vista and Yuma and franchise them; my foray into McDonald's style franchising. Due to financing constraints, we consolidated the two limited partnerships and built only one fast oil change shop in Yuma. We did franchise that to Jim and Joan Schollmeyer, who were investors in the limited partnerships and moved to Yuma for the specific purpose of operating the business. They proved to be very practical and successful franchisees. My dentist's wife was in real estate. She found a 2+ acre site on Pastime Road near Stone and Prince in Tucson. It is a blue-collar demographic neighborhood. We were told it was zoned

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for 22 townhomes. Bob and I walked the site. We acknowledged it was flat and probably appropriate for constructing townhomes. That was my first lesson as a developer. When the Pastime Road site had been engineered, I learned the sewer was in the middle of Pastime Road along the site's southern boundary. However, the site sloped down toward the north. There is an old adage at play here: shit doesn't flow uphill. As a result, we had to import 40,000 yards of soil and have it engineered in place so the sewage would flow naturally to the main sewer line. We were university professors, or on our way to being developers. What did we know about such things in development, no matter how much common sense was at play? I called L. A. Downey & Sons, Inc. I met L. A. at the Pastime Road site. This would be my first negotiation with a contractor. L. A. was a construction industry elder statesman; probably chewed tobacco and spit it anywhere he wanted. His t-shirt sleeves were rolled up. I was wearing a suit. Who do you think had the advantage? L. A. told me it was going to cost me $1 per yard to import the soil and compact it in place to engineering specs. I was shocked. Bob and I paid $150,000 for the site and now I was going to have to spend $40,000 before I could even think about building townhomes. I thought back on my days of negotiating with Japanese street vendors in Tokyo, drew air through my teeth, shook my head from side to side, and told L. A. that sounded like an awful lot of money to me. He packed up and was ready to get back in his truck and leave me and my problem to some other day. I knew I was beat; I told L. A. we had a deal. We shook hands. I don't remember ever signing a contract. With guys like L. A. I don’t suppose contracts were as important as the handshake.90

90

This sort of deal-making called to mind the kind of deals Ray Kroc was reported to have made in the McDonald's system. When Tim and I visited McDonald's first meat supplier, Otto & Sons, outside of Chicago, we learnt Otto & Sons would spend millions of dollars to build new meat processing facilities to accommodate

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The Birth of a Business Leader When Tim and I emerged as business planning partners, he and my second wife Renee became general partners in the early real estate syndications. We took over building the Pastime Road residential project. It involved 21 patio homes; we surrendered one townhome to host a common area swimming pool. I observed each decision required a committee meeting and full vetting before a decision could be made. The color of carpets, tile; and, what type of sinks and toilets would be installed were all the subject of long group discussions. I thought this can't be the way to run a business. What if we had several projects under construction at the same time? One day, I up and decided I was going to have to step forward and be the head guy. I sat down with Tim and Renee and made my pitch. Tim is very good at analysis; perhaps too good. On the other hand, I am very good at making decisions. I use the Gerry Newman model: do the best you can, make the best decision you can knowing the most amount of facts; and don't look back. Gerry advised if you messed up someone over you will correct you.

The Move to Chicago I taught accounting and tax at DePaul University in Chicago after I finished my Ph.D. coursework. Renee left Arthur Andersen's Phoenix office and joined its domestic headquarters office in Chicago. We lived in Chicago from September 1979 through May 1981. As necessary, we traveled to Tucson. It turned out to be frequent travel. The main reason I chose to teach at DePaul is that McDonald's headquarters was in Oakbrook, a suburb. During my DePaul tenure, I was able to nominate Gerry Newman to sit on

McDonald's growth all on the basis of a handshake with Ray Kroc. Ray didn't use contracts in such relationships. I wanted to emulate that style of business.

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the DePaul School of Accountancy Advisory Board. My DePaul boss, Belverd Needles, later told me Gerry was his hardest working advisor. On Saturday, April 19, 1980, I received a telephone call from Tucson. Elaine had passed away in her sleep. She was 30 years old. Renee and I immediately flew to Tucson. Elaine had remarried a real nice guy; my whole family loved him and my four children with Elaine seemed to love him. However, a week later, Renee and I returned to Chicago with the four children in tow. For the next thirteen months, the six of us lived in a one bedroom condominium Renee and I had purchased when we first moved to Chicago. We had pull out beds in the living room for when my children would come to visit. Now we were using them for them to live in.

Getting a Ph.D. As summer 1981 approached, I received a telephone call from my dissertation chairman, Don Vickrey. He had a plan for me to finish my dissertation. I would come to Tucson for the summer, finish the dissertation, and complete my Doctor of Philosophy degree. Then I would teach at the University of Arizona for the 1981-1982 academic year. The accounting department was going through AACSB accreditation and needed another terminal degree to maintain the proper ratio of terminally-degreed professors to students. I agreed. I finished my dissertation in August 1981. During the 1981-1982 academic year I taught tax and accounting courses. In spring 1982, Tim and I developed a graduate level course integrating tax planning and decision modeling. I believe it was the first course of its type in the country. We had six students; one was my wife; one was my wife's friend; and, one was a graduate student who would eventually come to work at JNC--Steve Moddelmog. Not too incestuous.

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During this academic year Tim and I invited Gerry Newman to come out to Tucson to participate in the College of Business Executive Lecture Series. We were responsible for Gerry's schedule and making sure the events were successful. Gerry's executive lecture was to take place in the Harvill Auditorium, which sat in excess of 200. We knew we had to pack that auditorium. What would be worse than having your most important McDonald's relationship walk into an empty auditorium? Tim and I strategized.

The local McDonald's franchisees gave us a plethora of

McDonald's "Be Our Guest" cards, entitling the bearer to a free Big Mac or other McDonald's delicacy. Tim and I bludgeoned students in our classes: you will attend this lecture. Moreover, you will receive extra credit. We held our collective breaths as we walked Gerry to the Harvill Auditorium. When we opened the door we could smell our success. The place was packed; all seats were filled and people were standing in the aisles. Later at dinner, Gerry confidentially asked me, "What did you promise all those people to fill the auditorium?" "Nothing," I lied. JNC’s Real Estate Development Growth From 1981 through spring 1984, JNC began to emerge in the real estate development business. We put together syndications any way we could. When it appeared our investor community was running out of cash, we syndicated using letters of credit and trust deeds from properties they owned separately from the development projects. We were learning the credit enhancement game by trial and error. Another one of those formative traits. I began using United Bank (long ago merged into some other banking conglomerate) as my commercial bank when I was with Hollis. He co-signed my first commercial loan for $4,000 so I could establish credit. I grew to having a $50,000 credit line with United Bank. I thought

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that was pretty cool. A phone call would get as much as $50,000 deposited in my checking account; I could go by and sign the note at my convenience. Then Tim and I met United Bank's real estate loan officer; a fellow name Ray Raimondi. Ray educated us in real estate financing. He began by schooling us that, although we are academics and prone to having brilliant new ideas, we should ride this horse in the direction it is going. He meant that we should listen to him and learn how it is the bank makes real estate loans and fashion our ventures accordingly; notwithstanding how much more brilliant our arrangements might seem. We listened to Ray. Another one of those formative traits. Ray explained the relationship between acquisition and development, construction, and permanent real estate lending. We listened closely. We explained to Ray we wanted to build the first phase in a condominium project. He said he would lend the money, $2 million, if we had pre-sales with permanent financing commitments. We asked if it made any difference if the purchasers were investors. He advised it would not. We made arrangements with the local office of a Florida mortgage company to provide the permanent loan commitments and pre-sold the 36 condominiums to investors from our community. We thought we were onto a new assembly line process. Then one day, we received notice from the Arizona Corporation Commission that our advertising practice was under investigation. This would become the first ACC investigation we would undergo. The issue involved the notion that our advertisement offering guaranteed rental income might transform our sale to investors into a security.

During my search for records in the second ACC

investigation, which occurred in late 1986 and early 1987, I reviewed internal memoranda prepared by the ACC investigator. I learned that another developer, Ernie Garcia, had filed a complaint that initiated this first ACC investigation into our affairs. You have to be aware that

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people who are threatened by your success will try to use law and regulation to impose barriers to entry; an ICMC tactic. This is another formative trait. In summer 1982, we opened our first JNC office: 2200 East River Road, Suite 105. It was sort of momentous for us. We had to put $20,000 down and make monthly payments of around $1,000 per month. Tim, Renee, and I talked about it and decided to open the office. At the same time, we tied up seven acres at a promising foothills intersection: Swan and Sunrise. As I recall, we purchased the property for $700,000. We put up an earnest money deposit and had to come up with a total of $200,000 down payment or lose the earnest money deposit. It was one of those make it or break it moments most businesses go through.

The Power of Positive Thinking At the time, I was visiting a dietician's office in my perennial battle with my weight. I was reading a magazine when I saw a two page ad for Robert Schuller's then new book, Tough Times Never Last, Tough People Do! The ad had a fellow standing atop a mountain top amidst a range of mountain tops with his hands raised in exultation that he had conquered the mountain. I ripped the ad from the magazine and took it back to the office and pinned it on the wall for all to see when they first came into the office. We needed to raise the Swan and Sunrise $200,000 without fail in a short period of time. We did not fail; we closed the property and ultimately developed it into our next office building, 80 condominiums, and 15,000 square feet of commercial real estate space. This was another formative trait: set a deadline, a goal, make it, and keep it. Do not accept failure, there are no excuses.

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Learning How to Pay Yourself I was always responsible for how I affected the lives of others, particularly our employees. I remember when we hired our first employee, Barbara Smart. Barbara was a secretary in the Accounting Department at the University of Arizona. I told her we were a fledgling upstart and there was a great risk in coming aboard with us, leaving behind the security of a state funded paycheck. She took the risk. I never missed a payroll or a payroll tax deposit; whether it was one employee or one hundred twenty employees. I learned a lesson from employees. I had always been a self-employed entrepreneur; not having any employees. As we began acquiring one employee and then another I noticed we always made payroll but when it came to money for Tim, Renee, and I, we could be a little short. So I decided to play a game to see if I could trick myself. I put Tim, Renee, and I on the payroll as employees. Our pay was commingled and inseparable from all other employees; I had to make payroll, including ours. The trick worked. I always made payroll, including my own; another formative trait.

The New Credit Enhancement Vehicle We had hired our first in-house counsel early on, as well. A fellow named Hank Gannon. He was a crusty old fart; but I like him. Hank was reading the Wall Street Journal one day and read an article about an emerging credit enhancement mechanism: limited partnership financial guaranty bonds. The article mentioned the name of one surety in particular: Admiral Insurance Company of Cherry Hill, New Jersey. I decided to call Admiral and learn about its limited partnership financial guaranty bond program. That call changed JNC's ability to grow and kicked it into high gear.

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Chapter 8 W. R. Berkley Corporation, Admiral Insurance Company, and the Unlawful Transaction of Insurance From May 1984 through May 1987, Admiral Insurance Company issued approximately $80 million in limited partnership financial guaranty bonds on behalf of limited partnerships I organized for the purposes of developing real property in Arizona. When the JNC litigation commenced in 1987 I visited the University of Arizona library to do research on Admiral and its parent company, W. R. Berkley Corporation; the same kind of research I learned to do when I researched my Ph.D. dissertation.91 Back then the research involved hard copy materials as there was no online facility. I used the Wall Street Journal Index to find articles about W. R. Berkley Corporation published in the Wall Street Journal. I also reviewed W. R. Berkley Corporation annual reports to shareholders and its Form 10-Ks filed with the Securities and Exchange Commission then available on microfiche to derive many facts set forth below. Following my September 1994 incarceration the courts orchestrated my emotional catharsis experience. I will detail this in a later chapter. But, following this experience I spent some time in the prison library and figured out why the Admiral bonds issued on behalf of partnerships organized by me were void.

Their "voidness" was probably a consequence

foreseeable by Berkley and Admiral executives from the inception of the Admiral bond program. The voidness risk is a monoline mortgage guaranty insurance statute violation consequence. It would be a consequence the Berkley and Admiral executives would manage, always with an eye toward litigation.

91

Much of the W. R. Berkley Corporation discussion herein is written from the Berkley executives' perspective in fulfilling Berkley objectives. I did not know the name of Admiral's parent company until approximately April 1987, penultimate to submitting a specific proposal for consolidating the JNC partnerships in one corporation. From the inception of my relationship with Admiral Insurance Company, my primary focus was on the creditworthiness of the Admiral financial guaranty bond, which was driven by the creditworthiness of the reinsurance companies participating in Admiral's excess of loss reinsurance treaty.

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When you are doing this kind of research you have to put yourself in the W. R. Berkley Corporation CEO position; try to think like the CEO did, attributing rational economic thought to his or her actions in order to deduce the motives for undertaking a course of action. That is what I did. That is how I figured out the W. R. Berkley Corporation racketeering enterprise. Under federal racketeering jurisprudence, a legally sufficient racketeering claim requires a continuing racketeering enterprise characterized by unlawful objectives and a pattern of racketeering activities undertaken in furtherance of those objectives. First, I will explain the continuing unlawful objectives of the W. R. Berkley Corporation continuing racketeering enterprise.

The W. R. Berkley Corporation Financial Crisis and Wall Street Resolution Insurance companies derive earnings and surplus from two primary revenue sources: premium income and investment income. In the late 1970s short-term interest rates rose to an unprecedented high of approximately 21%. Many insurance companies reduced premiums to dangerously low levels to acquire cash to invest and derive investment income; the short-term trade-off having been perceived as financially worthwhile. Competitive pressures to generate investment income for the same risks during the high interest rate period caused many insurance companies to take bold risks. The amount of premiums that can be written by an insurance company is determined by regulation to be principally a function of its surplus. Insurance regulators require loss reserves based on historic loss performance and current premiums written. As short-term interest rates began to recede in the late 1970s and early 1980s a surplus crisis developed in the insurance industry. This crisis was engendered by both falling investment income due to the receding short-term interest rates and losses in excess of loss reserves as the - 90 -

"tail" from insurance contracts written with attendant low premiums. Many insurance companies reported net losses or substantially reduced income during the interest rate recovery period. Moreover, during the surplus recovery period many insurance companies retreated to historically standard product lines and abandoned "specialty" lines, such as financial guaranty. W. R. Berkley Corporation, from 1984 through 1987, was essentially an insurance holding company. Berkley's reported earnings followed suit. In 1982 Berkley reported a loss of $5,661,000, in 1983 a loss of $6,297,000, and in 1984 a loss of $4,496,000.

Berkley's

stockholder's equity slid from $41,535,000 in 1982 to $28,097,000 in 1984. Berkley's flagship subsidiary was its surety company, Admiral Insurance Company. Berkley acquired Admiral Insurance Company from certain Admiral executives in 1979. At the time, Admiral was principally a property and casualty insurance company. Admiral's assets rose from $50,501,000 in 1981 to $237,651,000 in 1986; it's policyholders' surplus rose from $9.2 million in 1981 to $50 million in 1986; and, Admiral's earnings rose from $84,000 in 1983 to over $13 million in 1986. Another heuristic relevant in assessing firm performance within the insurance industry is the Combined Ratio. It is the ratio of loss experience to premiums written in a given period of time. A ratio equal to one means the loss experience equaled the premiums written. A ratio greater than one means losses exceeded premiums; a negative information signal. A ratio less than one means premiums exceeded losses; a positive information signal. Berkley's combined ratios for the years 1983-1987 were reported in its 1986 Form 10-K filed with the Securities and Exchange Commission, to wit:

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Year

Berkley

Industry

1983

114.9

111.8

1984

119.0

119.0

1985

106.0

116.5

1986

97.7

106.9

1987

94.6

103.6

It was transparently important Berkley's consolidated combined ratios outperform the industry as a whole to enhance the credibility of its debt and equity capital market securities offerings in 1985 and 1986, and enhance the likelihood of success in propounding its then forthcoming 1987 $100 million shelf registration. Admiral's combined ratios for 1981 through 985 were reported in 1986 Best's Insurance Reports -- Property & Casualty, at p. 375, as follows: Year

Admiral

1981

109

1982

110

1983

121

1984

118

1985

92

The foregoing combined ratios taken together with management's foreseeable earnings stream serve as important expected return likelihood estimators and influence debt and equity capital market investors' assessments of the Berkley risk-adjusted rate of return. Therefore, Admiral's emerging financial guaranty bond program held important foreseeable consequences for the Berkley insurance industry crisis financial bail-out strategy.

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In 1983, Berkley pursued its insurance industry crisis financial bail-out by an arrangement with one of its significant minority shareholders, Charter Security Life Insurance Company (Louisiana).

At the time, Charter was indirectly owned by American Financial

Corporation (Ohio). The Charter loan to Berkley was a financial bail-out originally intended to result in either repayment or a merger of Berkley into Charter.92 It was reported the loan proceeds would be utilized to retire existing Berkley bank credit lines.93 Later, Berkley and Charter agreed to transform their merger plans into a loan.94 Berkley's 1985 annual report to shareholders reports the amount of the loan to have been $22.5 million. The terms of the loan included a four-year interest deferral and all principal due at maturity; that is, there was no interim cash-flow servicing requirement. It appears the Charter loan was intended to be a form of "gap" financing, bridging Berkley into Wall Street financial recapitalization in later years. According to Berkley's 1986 annual report to shareholders, it had issued significant amounts of securities in 1985 and 1986. In July 1985, Berkley issued 2,300,000 shares of common stock in a public offering and received net proceeds of approximately $37.3 million. In December 1985, Berkley issued $40.25 million of 7.5% convertible subordinated debentures, due 2010, which were convertible into approximately 1,118,000 shares of common stock. The proceeds of both offerings were reported to be used primarily for making capital contributions to Berkley insurance company subsidiaries to support the expansion of subsidiary operations.

92

See, The Wall Street Journal, April 19, 1983, at p. 3; and, July 28, 1983, at p. 4.

93

Id.

94

See, The Wall Street Journal, November 14, 1983, at p. 4.

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In March 1986, Berkley issued 1,500,000 shares of common stock in a public offering and received net proceeds of approximately $71 million. According to Berkley's 1985 annual report to shareholders, approximately half this amount retired the Charter indebtedness and the balance was used to increase the working capital of Berkley's insurance company subsidiaries. In April 1986, all holders of the convertible debentures converted their interests to Berkley common shares. According to Berkley's 1987 annual report to shareholders, a shelf registration for a $100 million subordinated debt offering was filed with the Securities and Exchange Commission in May 1987. From the foregoing facts and circumstances, it is clear Berkley orchestrated a financial bail-out resolving the Berkley financial crisis resulting from the insurance industry crisis of the late 1970s and early 1980s. At the time, Admiral Insurance Company was Berkley's flagship surety and, most likely, would have played a significant and material role in Berkley's Wall Street financial bail-out plans. Indeed, the Berkley and Admiral executives had developed a new surety product for Admiral to come online in 1982 to facilitate Berkley's financial bail-out objectives. The new product was envisioned as making significant contributions to premium income with managed loss exposure. The Berkley and Admiral executives developed the new product to occupy an unique niche for Admiral's new product: limited partnership financial guaranty bonds.

The Admiral Insurance Company Limited Partnership Financial Guaranty Bond Program Many factors appear to have inspired general surety entry into the real estate limited partnership financial guaranty line of business. It appears the first sureties to have entered this market began issuing bonds in either the late 1970s or early 1980s.

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This market's viability is transparently related to the reversion of interest rates to a normal term structure. Early in the Reagan administration, the deregulation of the savings and loan industry led to expectations of growth in the real estate development industry. In the early 1980s, tax laws were still structured for favorable tax treatment of passive real estate limited partnership investment inasmuch as investors could offset such passive losses against other sources of ordinary income. An additional incentive for limited partners to pay their subscription promissory notes was the punitive tax consequences associated with debt relief income. Thus, following the reversion of the interest rate term structure to normal and the deregulation of the savings and loan industry, demand for real estate was pronounced with higher expected returns deriving higher values. Taken together, the foregoing factors supported a finding of a business opportunity for sureties seeking abnormal returns for the perceived risk. Thus, the real estate limited partnership financial guaranty bond market appeared to be a bastion of relief for surplus-starving insurance and surety companies in need of an infusion of solid, substantial premium income. Among the first sureties to enter the real estate limited partnership financial guaranty bond market were AIG and USF&G. I believe both were then rated A-15 companies pursuant to the A. M. Best rating system. Both AIG and USF&G approached structuring real estate limited partnership financial guaranty bond transactions in a similar manner. I believe both (i) underwrote each subscribing limited partner, (ii) did not acquire a security interest in the limited partnership's real property, (iii) did not require partnership or general partner indemnities; requiring only an agreement to remarket defaulted limited partner interests, (iv) limited their risks to constructed, absorbed, and cash-flowing real estate projects, and (v) imposed stringent syndicator experience and net worth

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requirements.95 By underwriting each limited partner's creditworthiness, it seems sureties such as AIG and USF&G incurred substantial upfront transaction costs. Moreover, the foregoing structure evidences AIG and USF&G did not intend to substantively underwrite mortgage guaranty insurance; having intentionally structured their programs to avoid such a characterization. Both AIG and USF&G limited partnership financial guaranty bonds were viewed as investment grade credit enhancements. Their credit-worthiness provided the easiest access to the lender community for financing insured limited partner subscription promissory notes at prime commercial lending rates. In June 1989 and at a time after the JNC system Chapter 11 filings and amidst Admiral's arbitration proceedings with its reinsurers, I met with attorneys representing some of the reinsurers. Elizabeth B. Sandza and Mary Lopato worked in the Washington, D.C. office of the LeBeouf, Lamb, Leiby & MacRae law firm.96 Sandza and Lopato showed me documents they had received from Berkley and Admiral in the arbitration discovery. Upon reviewing the documents it was apparent Berkley Chairman William R. Berkley and other Berkley executives played a key and supervisory role in the development and design of Admiral's bond program. One letter addressed to William R. Berkley from an Admiral executive 95

My syndications would not have passed these underwriting criteria.

96 During my 1989 visit to Washington, D.C., to visit Sandza and Lopato and learn discovery from the excess of loss reinsurers, Betsy Sandza set up an appointment for me to meet with a criminal defense lawyer at the Williams & Connelly law firm. Greg Craig was the attorney; he has recently become the President’s counsel. That was the firm that represented Oliver North in the Iran-Contra litigation. I had also read parts of an autobiography written by the late Edward Bennett Williams. I learned two matters of interest. Williams wrote i) he always spoke softly in the courtroom to make others listen to him, and ii) he advised his principal key to success was “preparation, preparation, preparation.” Williams & Connelly wanted a $250,000 retainer to undertake my criminal representation. My family didn’t have the money at that time; so I didn’t retain them. It’s interesting, though, in the informal information signal lexicon shared with the Supreme Court, the Chief Justice may have perceived the opportunity to effect yet another informal information signal: “Williams” refers to him, while the “Con” part of Connelly refers to me. Strange bedfellows in history were then unfolding. Betsy Sandza told me she had recently worked in the Bay area and knew judges seated on the Ninth Circuit. I would hear that again from Lewis and Roca attorney Gerry Smith.

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indicated that a positive aspect about Admiral's limited partnership financial guaranty bond program is that there would be no "Schedule P requirement." Sandza and Lopato explained to me that the want of a Schedule P requirement meant Admiral would not be required to establish loss reserves for the program on its regulatory convention statement filed with insurance regulators. Other correspondence between Berkley and Admiral Executives that Sandza and Lopato showed me indicated Admiral's underwriting costs would be substantially less than other sureties in the same line of business since Admiral would not underwrite the limited partners' creditworthiness. Rather, Admiral would only underwrite the limited partnership's real property. The documents also indicated Admiral would rely on the syndicator's compliance with securities laws and the debt relief income recognition provisions of the Internal Revenue Code as favorable underwriting factors when considering an Admiral bond program application. Sandza and Lopato also explained that the reinsurers had been led to believe by Admiral that the Admiral bond program would be limited to syndicators having both substantial net worth and experience and would be further limited to projects that were constructed, absorbed, and cash-flowing. Pursuant to the underwriting criteria the reinsurers expected Admiral would apply throughout the Admiral bond program, neither I nor the JNC projects would have qualified for such financial guaranties. From the best information available to me, Berkley and Admiral initiated the Admiral bond program on or about December 1982. The Admiral bond program was uniquely structured among sureties participating in that line of financial guaranty business.

Admiral did not

underwrite subscribing limited partners; other sureties did. Admiral took a security interest in the limited partnership's real property; other sureties did not.

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Admiral's credit enhancement was straightforward.

Generally, a limited partner

subscribed to a limited partnership by executing a promissory note in favor of the limited partnership and would receive in exchange a limited partnership interest. As collateral for payment of the promissory note, each limited partner executed a security agreement in favor of the limited partnership that pledged their limited partnership interest as collateral for payment of the note. The limited partnership would then arrange for a loan with a lender; executing a promissory note in favor of the lender as evidence of the indebtedness. As security for the partnership loan, the partnership collaterally assigned to the lender its interest in each limited partner's subscription promissory note and would also collaterally assign its interest in the security agreements executed by each limited partner. In exchange for a premium payment from the limited partnership, Admiral issued a financial guaranty bond in favor of the lender insuring that each limited partner paid the principal and interest payments due on the their respective subscription promissory notes, collectively and substantively insuring the partnership's obligations under its promissory note executed in favor of the lender. To this end, the partnership, the lender, and Admiral entered into a tri-party financial guaranty bond wherein:

(i) Admiral was the surety, (ii) the partnership was the

principal, and (iii) the lender was the obligee. Usually, the aggregate amount of the insured principal and interest payments of the several limited partner subscription promissory notes equaled the principal and interest payments due under the partnership's note executed in favor of the lender. As a condition to Admiral issuing each of the Admiral bonds, the limited partnership, as well as the principal syndicators, executed and delivered to Admiral indemnity agreements. The

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limited partnership indemnity agreement was secured by a lien on the real property owned by the limited partnership. The creditworthiness of the Admiral bond in the lender community was inextricably tied to Admiral's reinsurance treaties. Admiral's limited financial condition at the inception of the Admiral bond program in 1982 would not have inspired lenders to accept its bond as creditworthy. Two reinsurance treaties covered each Admiral bond issued in 1984 and 1985. These included a quota share treaty for the first $1 million of loss under each bond. Admiral shared 25% of this risk. The second treaty was an excess of loss treaty for an additional $5 million of loss coverage. Admiral shared no risk in the excess of loss treaty. The reinsurers having the greatest risk in Admiral's 1984 and 1985 quota share and excess of loss reinsurance treaties were Employer's RE of Kansas City, Skandia of Stockholm, and Traveler's of Hartford. I believe all three reinsurers were AAA credit and A. M. Best rated A-15 companies. It was their presence on the reinsurance treaties that made the Admiral bonds acceptable risks to participating lenders. The reinsurance treaties established the Admiral bond program maximum exposure and duration constraints. The maximum amount of interest and principal Admiral could insure under a given bond was $6 million; while the duration was limited to a six year period. The only other reinsurance treaty requirements included (i) the bond principal was a limited partnership, (ii) the partnership's principal business activity was real estate investment, and (iii) the object of the insurance was the payment of interest and principal under the limited partners' subscription promissory notes. Pursuant to this overview of the Admiral bond program, particularly when compared to the limited partnership financial guaranty bond programs of other sureties participating in the

- 99 -

same line of business, it becomes clear Admiral set up the structure of its bond program to expedite underwriting at lower underwriting costs with an eye toward expediting bond sales in order to rapidly accumulate premium income.

The Likeness to Mortgage Guaranty Insurance and the Attendant Consequences In underwriting each bond issued in favor of each JNC limited partnership I organized from 1984 through 1987, Admiral required an MAI or other independent appraisal of the limited partnership's real property and financial statements from the partnership, JNC, me and other indemnitors. These underwriting criteria are the same as imposed by statute in the underwriting of mortgage guaranty insurance.97 The courts typically consider the substance of a transaction as opposed to its form.98 Thus and for example, if the characteristics of the partnerships limited partnership financial guaranty bond financing transactions are considered to substantively involve the syndication of partial loan guaranties and not the syndication of substantive equity investment in real estate limited partnerships then the Admiral bonds could be determined to substantively involve mortgage guaranty insurance.99

97

A.R.S. §20-1548. Underwriting discrimination. C. No policy of mortgage guaranty insurance, excluding policies of reinsurance, shall be written unless the insurer shall have conducted a reasonable and thorough examination of: 1. The evidence supporting credit worthiness of the borrower. 2. The appraisal report reflecting market evaluation of the property and shall have determined that prudent underwriting standards have been met. 98

See for example, United States v. Phellis, 257 U. S. 156 (1921).

99

A.R.S. §20-1541. 4. "Mortgage guaranty insurance" means insurance against financial loss by reason of nonpayment of: (a) Principal, interest or other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate if the improvement on such real estate is a residential building or a condominium unit or buildings designed for occupancy by not more than four families. (b) Principal, interest or other sums agreed to be paid under the terms of any note, bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate if the improvement on such real estate is a building or buildings designed for occupancy by five or more families or designed to be occupied for industrial or commercial purposes.

- 100 -

Since Admiral transacted other lines of property and casualty insurance at the time it issues financial guaranty bonds for partnerships I organized it was proscribed by statute from transacting mortgage guaranty insurance in the state of Arizona.100 Since Admiral would have been ineligible to receive a certificate of authority from the Arizona Insurance Commissioner to transact mortgage guaranty insurance within the state of Arizona, its issuance of financial guaranty bonds which in form involve the syndication of equity contributions to real estate limited partnerships but in substance involve the syndication of partial loan guaranties amount to the unlawful transaction of mortgage guaranty insurance within the state of Arizona.101 At the time Admiral issued its financial guaranty bonds in favor of the limited partnerships I organized, the unlawful transaction of insurance in the state of Arizona was classified as a misdemeanor. Today, the same offense is classified as a Class 5 felony.102 The change in the classification occurred shortly after the commencement of the JNC litigation in 1987. Admiral's legal counsel issued opinion letters in each loan closing where an Admiral financial guaranty bond had been issued opining Admiral had lawful authority to issue the bond. However, the facts and circumstances under which each bond had been issued support a finding the transactions substantively involved the syndication of partial loan guaranties and not the syndication of equity investment in real estate limited partnerships. These factors disclosed to and agreed upon by Admiral and the lenders include: (i) interest reserves would be set aside 100

See, A.R.S. §20-1547.

101 See, A.R.S. § 20-401.01. Unlawful transaction of insurance business; exemptions. A. It is unlawful for any insurer to transact insurance business, as provided by section 20-106, in this state without a certificate of authority from the director. 102 20-401.06. Unauthorized transactions; classification. Any unauthorized insurer who knowingly transacts any unauthorized act of an insurance business is guilty of a class 5 felony.

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from the financings to be distributed to the limited partners to fund their obligations to pay interest on their subscription promissory notes, and (ii) the primary source of principal repayment on notes executed in favor of the lenders would be either the refinancing or sale of investment mature real properties. The unlawful transaction of insurance in the state of Arizona is held to violate public policy and has important consequences for the insurer-transgressor.103 The Arizona Supreme Court has held that the public policy violations translate that Admiral would be liable under its financial guaranty bonds to the lenders while concomitantly proscribed from redressing its indemnity claims against the partnership and other indemnitors.104 At the time of the JNC system Chapter 11 filings in September 1987, which meant Admiral faced having to pay lenders approximately $65 million in claims without being able to redress those claims against the JNC partnerships, or corporate or individual indemnitors. However, that was not the worst of the fate that awaited Berkley and Admiral. Because Admiral unlawfully transacted insurance within the state of Arizona approximately 38 times in the matter of the JNC limited partnership financial guaranty bonds, and it crossed state lines to do so, it would also be held in violation of the federal Travel Act, 18 U.S.C. §1952. That provision carries stiff fines and imprisonment sentences as part of the federal racketeering statutes. Moreover, Berkley failed to disclose its unlawful transaction of insurance when it procured nearly $150 of debt and equity capital from Wall Street in 1985 and 1986.

103

See, Northern v. Elledge, 72 Ariz. 166 (1951); Commercial Standard Ins. Co. v. Cleveland, 86 Ariz. 288

104

See, A.R.S. §§20-406, 20-433, 20-433.01, and 20-402.

(1959).

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From the inception of the Admiral limited partnership financial guaranty bond program Berkley and Admiral designed the program to be imbued with features that characterize it more like mortgage guaranty insurance; a veritable anomaly among sureties participating in the same line of business. It appears Berkley and Admiral did so to expedite the accumulation of premium income with an eye toward furthering the Berkley financial bail-out orchestrated through public offering of securities in 1985 and 1986. The only question begging is whether the transactions substantively involved the syndication of partial loan guaranties and therefore involved the unlawful transaction of mortgage guaranty insurance. The serious consequences Berkley and Admiral faced motivated their management of the business relationship with the JNC partnerships in 1984 through 1987 and would subsequently define the Berkley and Admiral litigation strategy following the JNC system Chapter 11 filing in September 1987. At the end of the day, the Berkley and Admiral litigation strategy led to the foothold the Supreme Court of the United States was looking for to correct ICMC official corruption.

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Chapter 9 The Admiral Bond Program and the JNC Business Plan After Hank Gannon showed me the January 1984 Wall Street Journal article about limited partnership financial guaranty bonds and the Admiral Bond program, I telephoned Admiral and was transferred to a fellow named Ted Kinney who then worked for Admiral's sister company, Jersey International Underwriting Managers, Inc.105 Jersey and Admiral maintained offices in the same location in Cherry Hill, New Jersey. As typical in the industry, Admiral had an excess lines and surplus broker for its bond program. His name was R. James Williams. Jim was from Pasadena, California. Initially, both Jim and Ted flew to Tucson to explain the Admiral bond program to my partners and me. During this visit I learned from Ted that his Jersey role entailed (i) marketing the Admiral bond program to syndicators throughout the United States, (ii) marketing the creditworthiness of the Admiral bond, taken together with the enhancement provided through the quota share and excess of loss reinsurance treaties, to lenders throughout the United States, and (iii) initially processing applications from syndicators for consideration by Admiral executives in their determination whether to accept or reject a syndicator's application. I also learned from Ted Admiral executives involved in the bond approval process were Fred Brown, Lou Oberg, Jerry Duffet, and Martin Calpin. Later, Michael Snead replaced Fred Brown as president of Admiral. Based on the discussions with Williams and Kinney, I flew to Cherry Hill, New Jersey and met with Ted and Admiral's outside counsel, James A. Alexy. It was during this initial meeting with Admiral's counsel that I discussed the JNC Business Plan. Our business plan was

105 You have to appreciate the metaphors at play here: William R. Berkley compared to William H. Rehnquist who attended Stanford University, Cal Berkeley’s rival; and, Ted Kinney and Ted Kennedy. Then you can begin to appreciate the entire JNC business was funded by the Supreme Court of the United States in its pursuit of the ICMC.

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not unusual; it was predicated on the several types of real estate financings Ray Raimondi had explained to Tim and I that are involved in the real estate development process. The difference I perceived in dealing with Admiral versus United Bank was that the bank was differently regulated than the surety. I perceived the surety occupied a position in the credit enhancement hierarchy where firms took more risky positions than heavily regulated financial institutions in consideration for a risk premium. This, I rationalized, suited the JNC growth objective inasmuch as we were still neophytes in the business and needed such credit enhancement support to get major projects off the ground. This is the point in my business career where I recognized there are two types of managers in the world: capital managers and process managers. Capital managers are in the business of providing capital to process managers. Process managers use that capital by adding factors of production to develop products or services.106 During the threshold meeting with Kinney and Alexy I explained how Raimondi had explained to Tim and I about the real estate development financing process: acquisition and development financing provides for land acquisition and on-site and off-site infrastructure; construction financing funds structure construction on finished lot pads; warehouse financing temporarily funds permanent loans until permanent loan quotas are fulfilled; and, permanent loans retire all other forms of real estate development financing. All financings are short-term, other than the permanent financing, and could fit within the $6 million, 6-year constraints of the Admiral bond program.

I further explained construction loans retire acquisition and

development loans in their entirety; and, permanent loans retire construction loans in their entirety while warehouse financing is a bridge to the permanent loan. I also explained it was 106

I did not understand at this time this is the exact dichotomy countenanced in scripture in effecting (individual: societal) well-being transitivity. That understanding would come some 15-20 years later.

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typical in the real estate development industry for acquisition and development and constructionabsorption loans to be funded with interest reserves to cover interest payments for the foreseeable loan period. I then explained to Kinney and Alexy that since part of the acquisition and development process distilled the uncertainties that would be faced in the construction process it probably made more sense for Kinney to underwrite each development project on the incremental basis suggested by Raimondi's financing algorithm. I suggested that third-party limited partners would not be necessary inasmuch as Admiral was underwriting the real estate development project; the only limited partners would be JNC and JNC executives. While I did give Kinney the option to merge the acquisition and development and construction loans into one Admiral bond, Kinney later advised me (i) Admiral required acquisition and development financial guaranty credit-enhanced financings to be retired by construction financial guaranty credit-enhanced financings, and (ii) while Admiral would permit JNC, JNC executives and me to be limited partners it nonetheless required third-party limited partners to comprise at least half of the subscriptions. When Kinney and I shared dinner that evening at the Cherry Hill Hyatt we discussed several matters. Kinney had advised one of his tasks was to continuously search for lenders who would accept the Admiral bond risk for loan credit enhancement purposes. I then asked Kinney about the propriety of his individual involvement in our program. He advised he could receive loan brokerage fees for finding lenders for the Admiral bond program; he could individually invest in our limited partnerships; and, he could sell limited partnership interests because he had the requisite securities salesman's license. I liked the idea of his intertwining involvement because it would help ensure our success.

The Admiral Approved JNC Business Plan - 106 -

Pursuant to the foregoing discussions with Kinney and Alexy I directed the JNC Business Plan to be prepared. Kinney explained the JNC Business Plan would be made part of the JNC underwriting file and would be part of the submission to the Admiral executives for their consideration in approving or declining each application for a financial guaranty bond. The JNC Business Plan described three partnerships foreseeably requiring Admiral financial guaranty credit-enhancement: the acquisition and development partnership, the construction-absorption partnership, and the non-development partnership.

The Acquisition and Development Partnership Briefly, the business plan identified the characteristics and objectives of the acquisition and development partnership. This partnership would acquire land, plan the project, obtain zoning and plat approvals, design and construct off-site and on-site utility infrastructure and roads, and finished grade construction pads. The life of the partnership was targeted as two years; with all financial guaranty credit-enhanced principal due and payable at the end of that two year period. The financial guaranty credit-enhanced loan would include an interest reserve for the two year period to enable distributions to the limited partners for the purpose of making interest payments on their limited partner subscription notes (the object of Admiral's financial guaranty). Admiral would receive a first trust deed in the partnership's development property to manage its risk for credit-enhancing the acquisition and development financing. Admiral's financial guaranty risk was managed because the acquisition and development partnership's real property would undergo a manufacturing-like value-increasing process. Usually, the MAI appraised retail improved lot values determined Admiral's credit-enhancement risk was in an 80% loan-to-value ratio or less, to wit:

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The Acquisition and Development Process Value Box 20% Top Tier of Real Property Value in Excess of Admiral credit enhancement risk 80% Bottom Tier of Real Property Value that Managed Admiral credit enhancement risk

100% of Real Property MAI Appraised Value

It was the acquisition and development partnerships' objective its limited partners would not make interest or principal payments on their subscription promissory notes. The interest payments were reserved from the Admiral credit-enhanced loan proceeds and the principal payment would be funded on the transfer of the finished development project to the construction partnership.107

The several acquisition and development partnership offering memoranda

disclosed that if the partnership failed to meet its interest and principal payment distribution objectives the limited partners would nonetheless be liable under the terms of their subscription promissory notes.108

The Construction-Absorption Partnership The acquisition and development partnership's developed property would be sold to a JNC organized construction partnership where the transfer price would be determined by

107

It is these characteristics that render the limited partners' partnership interests as substantively involving the syndication of partial loan guaranties and Admiral's substantive unlawful transaction of mortgage guaranty insurance. 108

In my 1994 CR-43071 criminal trial the testifying limited partners would proffer various claims of how I misrepresented they really didn't have to pay attention to this disclosure and that they really were not liable on their subscription promissory notes. This is the theory of criminality that sent me to prison for ten years.

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independent MAI appraisal. The MAI appraisal would thereby determine the profit to be enjoyed by the acquisition and development partnership's limited partners. Upon transferring the development project to the construction-absorption partnership, the acquisition and development partnership's Admiral credit-enhanced loan would be entirely extinguished; although it would be retired from a construction loan credit enhanced by a newly issued Admiral financial guaranty bond. The business plan also identified the objectives of the construction-absorption partnership as including both construction of structures and occupancy absorption of the partnership's completed real property units.

The business plan indicated one of the objectives of the

construction-absorption partnership's initial funding objectives included completely retiring the acquisition and development partnership's Admiral credit-enhanced financings.

Like the

acquisition and development partnership, the construction-absorption partnership was targeted to include a two year life such that all construction financing principal would be due and payable either as each unit was sold or at the end of the two year period. Moreover, the Admiral creditenhanced construction loan would include interest reserves to be distributed to the limited partners for the purpose of making interest payments under the terms of their subscription promissory notes. Admiral would receive a first trust deed interest in the construction-absorption partnership's real property to secure its credit enhancement risk. Admiral's financial guaranty risk was managed because the construction-absorption partnership's real property would likewise undergo a manufacturing like value-increasing process. Usually, the real property's constructed and absorbed MAI appraised value determined Admiral's credit-enhancement risk was in an 80% loan-to-value ratio or less, to wit:

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The Construction Process Value Box 20% Top Tier of Real Property Value in Excess of Admiral credit enhancement risk 80% Bottom Tier of Real Property Value that Managed Admiral credit enhancement risk

100% of Real Property MAI Appraised Value

It was the construction partnerships' objective its limited partners would not make interest or principal payments on their subscription promissory notes. The interest payments were reserved from the Admiral credit-enhanced loan proceeds and the principal payment would be funded on the transfer of the finished development project to the non-development partnership. The several construction-absorption partnership offering memoranda disclosed that if the partnership failed to meet its interest and principal payment distribution objectives the limited partners would nonetheless be liable under the terms of their subscription promissory notes. The construction-absorption partnership's developed property would be sold either to third-parties at arm's length or to a JNC organized non-development partnership where the transfer price would be determined by independent MAI appraisal. The MAI appraisal would thereby determine the profit to be enjoyed by the construction-absorption partnership's limited partners. Upon transferring the development project to the non-development partnership, the construction-absorption partnership's Admiral credit-enhanced loan would be entirely extinguished; although it could be partially retired from the proceeds of a non-development partnership equity loan credit enhanced by a newly issued Admiral financial guaranty bond. - 110 -

The Non-Development Partnership In the context of the JNC Business Plan prepared for Admiral's executives, the JNC characterization of the non-development limited partnership is most like the traditional real estate limited partnership which owns constructed and absorbed real estate properties and where the limited partners' payments under the terms of their subscription promissory notes are substantive equity contributions to the limited partnership's capital. In these cases, the JNC Business Plan recognized the limited partners would make interest and principal payments on their subscription promissory notes from their own funds without the assistance of distributions from the partnership. The business plan recognized the infusion of such equity capital was necessary for the reason that, assuming all value parameters to be constant, the non-development limited partners were investing in the upper tier of the real property's value for long-term appreciation purposes. The length of time the non-development partnership could hold the partnership's real property would be independent from the foreseeable terms of Admiral financial guaranty creditenhanced financing. Admiral's financial guaranty risk was managed because the non-development partnership's limited partners planned on making interest and principal payments on their limited partnership subscription promissory notes from their own funds without the assistance of distributions from the non-development limited partnership. This usually meant Admiral's credit enhancement risk in the non-development limited partnership was defined by the 20% top tier of the real property's MAI appraised value, to wit:

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The Non-Development Partnership Value Box 20% Top Tier of Real Property Value that Managed Admiral credit enhancement risk 80% Bottom Tier of Real Property Value that Managed Conventional Real Estate Mortgage Risk

100% of Real Property MAI Appraised Value

Based on the foregoing JNC Business Plan, the Admiral executives approved the first thirteen Admiral bonds that provided acquisition and development, construction-absorption, and non-development financial guaranty credit enhancement for JNC partnerships organized between May 1984 and May 1985. These guaranties aggregated approximately $32.5 million. Then, in May 1985, Admiral's reinsurers audited the Admiral bond program. Transparently, the Admiral reinsurers had concerns Admiral was substantively involved in the unlawful transaction of mortgage guaranty insurance in the matter of the JNC acquisition and development and construction-absorption limited partnerships.

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Chapter 10 JNC Admiral Bonds: May 1984 - May 1985 The right credit enhancement vehicle makes financing easier. Prior to engaging the Admiral bond program as a credit enhancement vehicle we were obtaining one letter of credit at a time, financing one letter of credit at a time or obtaining one third-party trust deed at a time and financing one third-party trust deed at a time. Everything was piecemeal; most of the time the financing costs were substantially above the prime rate of interest. I remember learning about the Admiral bond program and this overwhelming feeling of incredulity. The description of the financing process learnt from Jim Williams and Ted Kinney in their Tucson meeting with me held a promise for upstart developers to bring capital to the table like I had yet to witness. Moreover, following my meeting with Kinney and Alexy in Cherry Hill my excitement was heightened. After we submitted the JNC Business Plan to Kinney and he advised we should follow up with our first bond applications, I instructed my team of lawyers and accountants to get busy and organize the first three transactions. I telephoned Kinney and he remarked he thought the transactions to be feasible; advising it was likely the Admiral executives would approve them. I had discussions with United Bank about the feasibility of financing the credit enhanced limited partner subscription promissory notes; the bank declined. I called other institutions in Arizona and met a similar fate. I telephoned Kinney and told him I was not having any luck finding a financing home for the forthcoming Admiral financial guaranty credit enhancement note financing. He referred me to loan brokers in Kansas City, Kansas: Donna and Ron Anderson. I telephoned Donna and Ron and had an introductory discussion. Donna and Ron had been married but were then divorced. While they chose to continue working together, it was - 113 -

clear Donna was the go-getter of the two. They represented a source for financing subscription promissory notes insured by the Admiral bond: Anchor Savings & Loan of Overland Park, Kansas. I told them we were preparing our first three financings targeted for credit enhancement in the Admiral bond program. The way the process worked is that I would submit applications to Kinney; allegedly, he processed same in his capacity as an executive for Jersey International Underwriting Managers, Inc. and submitted same to Admiral for approval or rejection.

Since I prequalified each

transaction in advance via telephone conversation with Kinney, Admiral never formally rejected a bond application I had submitted on behalf of a JNC partnership. Admiral returned commitment letters for the first three financings: the Club del Rio project, the Brill Medical Plaza project, and the Sierra Sunrise project. I signed the commitment letters and returned same to Admiral together with each letter's required $2,500 commitment fee. The commitment fee would be offset against the bond premium at the loan closing. With those commitment letters in hand, the Andersons presented the Admiral financial guaranty subscription note financing requests to Anchor Savings for loan consideration. Anchor ultimately approved each of the three loan applications. There were always three attorneys involved in each loan closing where the Admiral credit enhancement drove the lender's funding decision:

JNC's attorney, Peter Beren; Admiral's

counsel; and the lender's counsel. While I principally relied on Peter Beren's advice and legal opinions, Admiral's counsel and the lender's counsel also opined to the authority to consummate

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the transaction.109 What more could a non-attorney principal, such as I, do to investigate the propriety of the transaction from each party's perspective?

The Club del Rio Project We had started the Club del Rio project as Coronado Place in 1981. The property involved two contiguous pieces separately acquired; one acquired in 1981 and the other in 1982. The Coronado Place condominium project involved the 36 units Ray Raimondi and United Bank had financed because we pre-sold the units to investors. However, we believed it was in the project's best interests to redesign the balance of the property. We planned to hire Richardson, Nagy, Martin, architects in Newport Beach, California to blend the existing architectural design into the new one. The initial Admiral credit enhanced financing for this project was intended to be a transition from earlier methods of acquiring project financing to project financings involving the Admiral bond program. The Admiral financial guaranty bond/Anchor Savings loan request for this project at this point involved settling a dispute with a limited partner by repurchasing his interest, fees for the architecture firm of Richardson, Nagy, Martin to redesign the project as a completed 156 unit condominium project, and fees for other professionals such as engineers. The use of proceeds also included disclosure of loan broker fees in the amount of 2% of the loan. The Andersons would receive a 1% loan brokerage fee for finding the lender and Ted Kinney would receive a 1% loan brokerage fee because he was responsible for finding the lender through the Andersons.

109

Trusting Peter Beren was the reason I did not cognitively process Admiral has having engaged in the unlawful transaction of substantive mortgage guaranty insurance until the Supreme Court orchestrated my August 1995 emotional catharsis through the Arizona Court of Appeals, Division Two, as described in later chapters.

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As represented in the Admiral bond application and the Anchor Savings loan application, part of the use of proceeds were intended to be distributed to the limited partners for the purpose of paying their respective interest payments on their subscription promissory notes.

The

principal was due in full at the end of the term period, which was probably set at two or three years. The objective was that the subscription promissory note principal payment would be paid from the proceeds of subsequent construction-absorption Admiral guarantied financing proceeds; the instant financing being in the nature of an acquisition and development loan. The financings always included JNC fees for development and syndication costs. Hank Gannon had recommended we use the published Midwest Security Commissioners' standards for setting reasonable development and other fees we would charge the several limited partnerships. These fees provided JNC its necessary working capital to fund its overhead.

The Sierra Sunrise Project The Sierra Sunrise project involved the 7+ acres of property we had acquired by sheer determination when we raised the initial $200,000 to acquire the property. In the interim, we obtained acquisition and development financing through the Carpenter's Union and other labor unions based in Phoenix, Arizona that were represented by MH Investment Counsel. We met this financing source through an acquaintance of Tim's: Keith Dolgaard.110 We already had designs for this site to be trifurcated into separate projects:

an

approximate 15,000 square foot office building which would become the new JNC office building, 80 residential condominiums, and an approximate 15,000 square foot retail facility.

110

I only knew of Keith because he had unsuccessfully run as the Republican candidate for Congress in several elections. His opponent was always Mo Udall, who won on each occasion.

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This property is located near the Swan and Sunrise central intersection for the northern foothills community in Tucson; the upper-end of the city's demographics. There was no gasoline outlet for several miles in any direction. So we decided the anchor retail tenant would be a facility we would operate as an upscale convenience store with Exxon gasoline. The convenience store would sell quality wine, have a cookie bakery on site, 111 and would have a facility for cooking lessons.112 There was a shortage of restaurants in the immediate area. After all, if I was going to locate our new office facility in the area I was going to ensure the availability of good eating outlets. So the balance of the retail outlets were leased to food oriented facilities: an upscale fruit and produce operation; a gourmet-to-go meal preparation operation; a Greek restaurant; a Sushi bar; a cheese-steak operation; and a Domino's pizza outlet. Sierra Sunrise limited partnership owned the 7+ acres comprising the locations for the three uses of the property. The property wrapped around a shopping center located on the northeast corner of the Swan and Sunrise intersection in the Catalina foothills. It was the last remaining undeveloped commercial site at this intersection. Prior to our acquisition, the site had been the dump site for any contractor who didn't want to haul construction waste too far. One of our tasks was to clean up the site. The shopping center's anchor tenant was a Lucky's supermarket outlet. The shopping center's owners approached us with a proposal. Lucky's wanted to expand the rear of its store, which required cutting away part of the hill behind it. The removal of that soil would have 111

The operator of the cookie bakery would be Stacia Sumwalt. Subsequently, Stacia and I married in late 1987. The cookie store would become our sole source of cash-flow immediately following the 1987 JNC system Chapter 11 bankruptcy filings. 112

Ann Hand gave the cooking lessons. I had taken cooking lessons from Ann at another Swan and Sunrise retail location that had closed by the time this facility was opened. I learned to make fail-proof soufflés from Ann; a sufficient reason to hire her to conduct cooking lessons at our new upscale convenience store.

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consequences for our site, particularly in the area where we intended to build the 80 condominiums. We negotiated with the shopping center owner that we would agree to the removal of the soil to accommodate Lucky's expansion in consideration for the shopping center constructing a retaining wall to protect our property. Moreover, the shopping center owner wanted to place the excavated soil on our site to reduce hauling costs. It was estimated 200,000 yards of soil were involved. We agreed they could put the soil on our property, but they would have to place it on our site according to engineering specifications that required compaction in six inch lifts. The shopping center owner agreed. That is why the 80 condominiums sit 15-20 feet higher than the office building and the retail outlet on the crescent shaped Sierra Sunrise property. We negotiated with Admiral and Anchor Savings that the credit enhanced financing could be reduced in three increments and Admiral's trust deed would release its lien as each phase of the Sierra Sunrise property entered into construction. The releases were patterned after conventional acquisition and development financing. The use of proceeds was intended to accommodate the same kind of uses as in the Club del Rio subscription note financing.

The Brill Medical Plaza Project We were introduced to a group of lawyers who had a law firm in Beverly Hills, California by a contractor in Casa Grande, Arizona.113 The head lawyer was a fellow named Chuck Kairys. The law firm had syndicated several real estate limited partnerships through their client base and other friends in California.

113

The Casa Grande contractor had expected to get the construction contract in the building's rehabilitation. However, I decided we would handle the remodel construction in-house. It was probably a mistake on my part as I believe such relationships should be maintained and not thwarted.

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One of the properties syndicated by Chuck and his partners was the Brill Medical Plaza. It was an approximate 50,000 square foot, three-story medical office building on Brill Avenue in Phoenix, Arizona. The building was located kitty-corner from the Good Samaritan Hospital near McDowell and 7th Street. Chuck was searching for a solution because the building had been the target of an arson fire and needed rehabilitation. All its tenants vacated the premises as a result of the arson fire. Phoenix was laboring under a 40% office vacancy factor; medical buildings proving no exception to the over-building malady. The optimist I have always been, however, bulled ahead in undertaking this project. The initial Admiral financial guaranty/Anchor Savings loan financing would provide the essential funds for professional services; JNC development and construction fees; and initial rehabilitation costs. Admiral approved JNC as a 50% limited partner. The other limited partner was one of our well-heeled limited partners in Tucson.

The Anchor Savings Loans On or about May 1984, I traveled to Kansas City for the Anchor Savings loan closings in Overland Park using the first three Admiral bonds issued on behalf of limited partnerships I had organized.

I had never experienced such a loan closing before.

My only experience in

financings had been with United Bank, which employed conventional bank financing documents. I stayed with Ron Anderson in his apartment as there was some convention in Kansas City that made obtaining a hotel room nearly impossible. The Andersons and I traveled to Overland Park the next day for the loan closings. Donna and Ron introduced me to their Anchor Savings contact person. He took us to the conference room where the loan closing would take place. - 119 -

Anchor Savings had set out the three sets of closing documents in its conference room on credenzas around the room's perimeter. This would become a familiar site in all future Admiral credit enhanced loan closings. We meticulously visited each document in the three stacks of similar loan closing documents:

the lender's documents, Admiral's documents, and the

partnership's documents. Sign, sign, sign. At the end of the day, the Anchor Savings executive handed me three cashier checks totaling nearly $2 million. I would carry them back to Tucson for deposit. In hind sight, I couldn't believe how the process was smooth, devoid of struggle such that the access to development capital was facilitated by a truly convenient credit enhancement mechanism. I began to extrapolate the financing algorithm into our future. The last discussion I had with the Anchor Savings executive was one I didn't want to hear; but a lesson in financing nonetheless. He told the Andersons and me that these three loans comprised the institution's limit for financings it was willing to undertake on behalf of my business interests. We would have to look elsewhere for further credit outlets. I was dismayed, knowing how difficult it was to find this first lender. Now I was back to the drawing board to find another. The Andersons gave me the usual broker spiel, don't worry they would find one.

The Search for a New Lender From May 1984 until October 1984, we did not close further Admiral credit enhanced loans. However, our search for such lenders continued. Moreover, I continued discussing forthcoming syndications with Ted Kinney, all with an eye for ensuring Admiral credit enhancement approval. We were moving forward with the development effort funded from the first three Admiral credit enhanced loans. The first project ready for a non-development partnership was - 120 -

the JNC office building located on the western part of the Sierra Sunrise crescent shaped property near Swan and Sunrise. This was symptomatic of the JNC Business Plan. The Dakotah Hills Offices Limited Partnership would be structured for the limited partners to fund both interest and principal payments on their limited partnership subscription notes from their own funds without support of distributions from the limited partnership. Each investor was required to make a down payment equal to one-fifth the principal. Each year the investor would make another principal payment equal to one-fifth of the principal together with interest on the outstanding balance. At the end of the four-year period, the investor subscription notes would be completely paid. These parameters were presented to Ted Kinney for submission to Admiral. The usual Admiral commitment letter was received on or about September 1984. However, we had no lender and the Andersons were coming up dry.

Northern Telecom International Finance, N.V. In either late September or early October 1984 I received a telephone call from Ted Kinney. He advised he had another loan broker in New York he recommended I contact. His name was Dick Hyman. I immediately called Dick. He advised he had a lender in Switzerland. I was skeptical. I then received the draft of a loan commitment from Dick. We had nothing to lose so I told Dick to move forward with processing the Dakotah Hills Offices Limited Partnership Admiral enhanced note financing. I signed the note commitment. The lender was Northern Telecom International Finance, N.V. It was one of the finance subsidiaries of the international telephone company Northern Telecom. What I would come to

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learn about large company finance subsidiaries explains why NTIF was located in Pfaeffikon, Switzerland. It is not unusual for large companies like Northern Telecom to have AAA creditworthiness. One of the obvious revenue centers for such companies is to trade on its AAA credit rating separate and apart from its mainline profit centers. While Northern Telecom is able to borrow at AAA rates it can also lend out to less creditworthy entities at higher rates and earn the spread as financial revenue; a profit maximization financial strategy.

To manage this

financial business, Northern Telecom and other similar situated companies tend to hire experienced financial managers and allow them to open an office for their enterprise wherever they would like. In the case of Northern Telecom, the executive chose the lake side village of Pfaeffikon, Switzerland. It is located on the shore of Switzerland's Lac Leman. If you have ever seen the natural beauty of the location you would understand the executive's rationale.114

The Dakotah Hills Office Building The first transaction I processed through Dick Hyman with NTIF involved the new JNC office building located at 5780 North Swan Road in Tucson. It was situated on the most western acre of the 7+ acres we acquired in the Sierra Sunrise Limited Partnership in 1982. The office building was a little over 23,000 square feet. The JNC Companies was the sole tenant and the lease terms were disclosed in the Dakotah Hills Offices Limited Partnership offering memorandum.

114

In the case of U.S. West Capital Corporation, a subsidiary of U.S. West I would also come to deal with, the executive chose San Rafael, California. It is located across the Golden Gate bridge from San Francisco in Marin County. Likewise a beautiful locale.

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There were approximately 40 investment units sold to a lesser number of investors, including JNC and its principals. Each investment unit required a $5,000+ down payment and a $5,000+ annual payment plus interest. The future annual principal and interest payments were insured by the Admiral bond issued on behalf of the partnership. NTIF funded 100% of the principal. In October 1984 I flew to New York for my first financing closing in that city. The closing was held in the law offices of the lender's counsel, Cleary Gottlieb, located in the Battery Park area of Manhattan. Among the loan closing costs paid were the loan brokerage fees: 1% to Dick Hyman and 1% to Ted Kinney. At the end of the closing, the attorney gave me a cashier's check for nearly $800,000, which I brought back for deposit in Tucson. It wouldn't be the last time I visited that law office for a loan closing in 1984.

The End of 1984 Projects By mid-to-late 1984, JNC principal roles emerged. Tim became the JNC principal in charge of property location and construction and development management. Renee ran JNC administration, including the accounting function. I naturally came by the capital generation function; debt and equity. Following the October 1984 NTIF loan closing in New York I began to look forward to the end of the year. We wanted to achieve certain revenue objectives, which translated into assuring a few more transactions closed before year end. We targeted three Admiral credit enhanced loan closings for three projects; one construction-absorption partnership and two acquisition and development partnerships.

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The Club del Rio Condominiums The redesign of the Coronado Place condominiums was moving along according to plan. So one of the targeted 1984 year-end closings would be the project's construction-absorption partnership subscription note financing. The Richardson, Nagy, Martin redesign provided for an additional 120 condominiums, bringing the total to 156. The project was renamed Club del Rio. We wanted to build the condominiums all at once. We believed it was important to build the entire environment. Having built the first phase, we came to understand how important a total environment would be for a condominium project. We contemplated marketing the project for owner-occupied absorption.115 We would end up leasing the project for cash-flow purposes. The lease absorption was fairly quick. In 1984 there was a financial institution in Tucson named Southwest Savings and Loan. The real estate loan officer was a fellow named Chip Shaw. He had a reputation at the time as a deal-making loan officer. So I went to see Chip. My plan was simple. We needed $8 million total capital to achieve our construction and absorption objectives for the project. I told Chip if the savings and loan would provide a loan of $4 million, I would put up the other $4 million from syndicating a partnership. I didn't tell Chip all the details about the Admiral credit enhanced financing. We were just emerging on the development scene in Tucson. I didn't want everyone to go rushing to my credit enhancement source and absorb their capacity for Tucson based projects.

115 In hind sight and if I had it to do all over again, I would have stayed away from the owner-occupied market and stuck strictly to investor sales. I understand investors. Indeed, if I had it to do all over again I would employ all the Admiral credit enhanced capital in the development and construction of fast-change oil shops around the country, continuing with our franchising effort. We could have developed approximately 400 such oil change shops with the same capital.

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I don't think Chip thought it was likely I would deliver my $4 million. It seemed he wanted to make the conversation short; so, just for the record he said, "Sure." After all, I was asking the financial institution for essentially a 50% loan-to-value ratio financing. Its risk would be well-managed. Following the December 21, 1984 NTIF closing at Cleary Gottlieb as described below, I returned to Chip's office and gave him a cashier's check for my $4 million. He seemed surprised. Shortly after that time, Southwest Savings and Loan followed through with Chip's commitment and advanced the first trust deed $4 million financing. It was a conventional construction loan; designed with typical construction draws based on project progression and lien releases from earlier draws. The projects remaining 120 units were built all at once.

The Club Carmel Project The sister project to the Club del Rio project was the Club Carmel project. It was thirteen acres located near the intersection of La Cholla and Magee in Tucson's northwest side. It was envisioned we could develop two hundred condominiums on the site. The Club Carmel site was only a couple of blocks from the Foothills Mall. However, only until recently the Foothills Mall had always been considered Tucson's fledgling mall; always bereft with tenant occupancy difficulties. The Club Carmel site was approximately 13 acres. We liked the site and presented it to the Kairys law firm group in Beverly Hills, California for investment consideration. The Kairys group had a first trust deed from the disposition of one of its third-party partnership properties. Reaching back to the days when we saw collateral value in such assets for enhancing future development projects, I approached Kinney to allow one limited partner where the

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subscription promissory note was collateralized with the third-party first trust deed. Moreover, Admiral would have a first trust deed on the Club Carmel property. Kinney liked the deal. The McCarty Road Limited Partnership was organized for the purpose of acquiring the Club Carmel development site. It was an acquisition and development partnership by nature. It was capitalized with one approximate $2.5 million subscription promissory note secured by the Kairys group’s third-party Deed of Trust.

The Encanto Canyon Project Tim also located 20 acres on North Sabino Canyon Road, just south of Sunrise. This is in Tucson's northeast corner, almost nestled against the Catalina mountains along the city's northern foothills.

We were hell bent on condominium projects by this time, believing we had a

successful algorithm in the works. We acquired this property from Schomac Corporation, a local Tucson developer, subject to rezoning. After the December 21, 1984 loan closing described below, Schomac achieved the rezoning and we closed on the property before year end. The Pima County Board of Supervisors that had approved the rezoning was a lame duck board; many of its members scheduled for replacement at the first of the year on the heels of a hotly contested November 1984 election. Among the first things the new board of supervisors did on taking office was to overturn our zoning. We were dismayed; we had already spent seven figures in property acquisition costs and now the zoning we relied on in purchase had been taken away from us. Our outside attorney, Peter Beren, recommended we sue Pima County.116

116 One considers many things in hind sight once experiences like the ones reported here come to past. One of those lessons has to do with attorneys. My distasteful experience in the courts and with attorneys, per se, leaves me without very much counsel to share. My experience with Peter Beren and my criminal trial counsel, Murray Miller, impart an important caveat: your adversaries can always bribe your lawyer. Therefore, you must acquire a basic legal competency to protect your interests.

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Since we sued the county the venue for the action was transferred to Santa Cruz County, the county situated between Tucson and the Mexican border. The county seat is Nogales, Arizona. Therefore, a superior court judge in Nogales, Arizona decided the matter and he decided it in our favor. In the discovery period of the lawsuit I was deposed by Pima County's attorney Donald E. Gabriel. It was the first time I met Donald. He was a football star at Catalina High School before I went to high school. I remembered him, though, he was the fullback. My grandfather had taken me to the games. Gabriel was tough. He struck me as a tough lawyer, too; though not as academically attuned as us snobbish university professors. I would have cause to meet him and his newly elected county supervisor friend, Ed Moore, again; both in JNC development activities and later during the JNC litigation. Pima County believed the Santa Cruz County Superior Court Judge had ruled erroneously. It intended to appeal the decision. At the same time, one of the JNC financial planners,117 Ray Green, brought to my attention an opportunity to convert the Encanto Canyon project to a continuing care residential facility. He had worked on reviewed financial forecasts of such facilities while employed with Arthur Andersen & Co. I liked the idea. I told Peter

The other point of advice is straightforward: Never vest all your legal eggs in one attorney. In my case, I should have hired one law firm as general counsel, a separate law firm as securities counsel, and a separate counsel to represent my interests in the Arizona Corporation Commission's investigations into my activities. Bear in mind, this may do little to protect you from attorney collusion; the legal profession is full of it. That is why I believe I am a ward of the Supreme Court of the United States today. It appears the Supreme Court's exercise of supervisory jurisdiction yet ongoing was instigated by first caving in a corrupt official in matters engendered by my legal cases and proceeded toward its primary objective of capturing ICMC corruption using the domino strategy: the first rats out the second; the second rats out the third; ad infinitum. However, the inherent structure of the legal profession fosters the kind of corruption I endured at the hands of Peter Beren and Murray Miller. I'm not sure even the Supreme Court of the United States can correct the inherent nature of lawyers making a living by stealing the utility of others and not taking the risks others take to acquire wealth. That is the inherent corrupt basis of the completely unhonorable legal profession. 117 We referred to the managerial accounting function in JNC as financial planning. These accountants would forecast project financial condition through project duration. Each month they revised their forecasts based on historic accounting reports. Thus, we understood project well-being factors continuously. The cornerstone of financial forecasting is the assumptions underlying its algorithms. By accomplishing this activity we came to formulate strategies intended to ensure project success.

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Beren to propose a settlement to Pima County. All parties would agree to end the litigation, Pima County would grant us zoning for the continuing care residential center and we would construct same rather than the planned condominiums. By settling the lawsuit in such a fashion we curried favor with the new Board of Supervisors.

They were able to vindicate the propriety of their wisdom by creating the

appearance the last board had indeed erred. From that point forward, we had a very good relationship with the board.

The December 21, 1984 Loan Closing We successfully subscribed the three projects' limited partnerships; Admiral agreed to issue their respective financial guaranty bonds; NTIF agreed to loan the funds against the insured subscription notes. I traveled to New York for the loan closings. Again, I appeared at the law offices of Cleary Gottlieb in the Battery Park area. The usual conference room loan closing layout was perceptible as I walked in the door. The documents for the three loan closings had been neatly stacked in a particular order around the room. Following the loan closing, the Cleary Gottlieb attorney gave me three cashier's checks. They totaled $8.1 million. Among the loan closing costs were loan brokerage fees: 1% paid to Dick Hyman and 1% paid to Ted Kinney. On the flight home, I had the three cashier's checks tucked into my suit coat's inner pocket. I was overcome by an overwhelming sense of trust. First, this was the largest sum of check I had ever held in my possession at one time. Second, I reflected on how Admiral and NTIF trusted me to do with the money what I said I would do. And so, I did.

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The 1984 JNC Annual Report and the Coopers & Lybrand Debacle When JNC's growth became foreseeable and we would become immersed in multimillion real estate development financings I urged the 1983 JNC financial statements to be audited by one of the Big 8 accounting firms, Coopers & Lybrand. The auditing firm had a Tucson office which made it easier to deal with them rather than a Big 8 accounting firm located in Phoenix. I approached the accounting firm both academically, owing to Tim and my Ph.D.s, and street-wise, owing to my education by the McDonald's executives, particularly to Gerry Newman. Coopers & Lybrand agreed to acquire JNC as its client, both for audited financial statement preparation purposes and for tax return preparation purposes. Although I had a master's degree in taxation and Renee was a CPA and both of us had significant tax return preparation experience, I thought it was best Coopers & Lybrand handle both the corporate and partnership tax returns, including our individual income tax returns. Besides, I loathed tax return preparation. I am a great tax planner, but I do not like to prepare tax returns. Coopers & Lybrand got the job. Coopers & Lybrand also prepared reviewed financial statements for the several JNC limited partnerships. Accordingly, their involvement in the entire JNC system was both knowing and exhaustive. Two matters rose out of our initial relationship with Coopers & Lybrand: one affected the JNC audited financial statements and the other involved the preparation of the JNC partnerships' tax returns. I will address them in reverse order. The end of 1984 brought with it the first year partnership tax returns would be prepared that involved the Admiral bond program.

Coopers & Lybrand, of course, reviewed the

partnership agreement and the subscription promissory note financing arrangements.

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The incidence of partnership taxation is on the partners and not on the partnership. So partnership losses flow through to the limited partners. Prior to the Tax Reform Act of 1986, whether the limited partners were able to deduct their share of partnership losses on their individual tax returns is a function of their respective partnership interest basis and whether they were "at risk." Coopers & Lybrand advised us that the limited partners would be entitled to deduct their respective share of partnership losses if they indeed claimed they were "at risk," a declaration acknowledged under penalty of perjury by the signing of their individual income tax returns. This turned out to be a windfall consequence for the JNC limited partners.

I had

designed the partnerships to facilitate the Admiral credit enhanced financings and not for the income tax aspects of the transaction. Those consequences came by natural application of the tax laws.

Generally, if a partner subscribed to a partnership, say, by signing a $100,000

subscription promissory note, he or she could receive as much as a $30,000 non-cash loss from the partnership for the tax year. If that partner were then in the 50% combined federal and state tax brackets, the paper loss was actually worth $15,000 in actual cash from the tax savings thereby engendered. Once Coopers & Lybrand and our limited partner community figured out this feature of participating in the JNC transactions, many limited partners hungered to become involved in more transactions. Indeed, there were occasions when I received telephone calls from affluent limited partners looking for last-minute transactions before year-end to reduce their liabilities. As a good tax planner I always told them the time to start planning their year's tax consequences was January 1, not December 31.

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The JNC audit was a different story. Bear in mind, Coopers & Lybrand had audited JNC's financial statements for 1983 and the annual report included Coopers & Lybrand's unqualified audit opinion that the financial statements fairly represented the company's financial condition. Now, we were not talking major earnings in 1983. As I recall, the bottom line was somewhere around $73,000. JNC's fortunes were changing, though, with the impact of the Admiral bond program and the concomitant significant increase in JNC's ability to access capital for its real estate development projects. So in 1984 I employed a Gerry Newman tactic; one Gerry had told me he employed at McDonald's Corporation. During the year, the McDonald's executives cleared revenue recognition issues with its auditors, Arthur Young & Co., so that when the year-end arrived there would be no surprises. The lesson is obvious. Involve your auditors in your transactions as they are taking place to ensure the revenue you believe ought to be recognized on your audited financial statements actually passes the firm's audit review. As we began to undertake the Admiral enhanced subscription promissory note financings I approached our Coopers & Lybrand audit partner, Jack Clements, by summer 1984. I asked Jack to review the transactions within Coopers & Lybrand to ensure that JNC's revenues derived from organizing and operating the several real estate projects' limited partnerships would be indeed recognized on our 1984 audited financial statements. Jack said he had conducted review of the revenue recognition issue within Coopers & Lybrand and reported back to us the revenues would be recognized on our 1984 audited financial statements. I relied on Jack's representation and did not change how we organized the limited partnerships. JNC's after-tax income for 1984 was ten times what it was in 1983: $750,000. This was the figure developed in the Coopers & Lybrand draft of our financial statements. It passed local

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partner review and what was represented as second partner review.

However, problems

developed when it reached the third partner review. As a result of the last review, we were told our revenues would indeed not be recognized. The non-recognition resulted from the fact that we indemnified Admiral against loss on its guaranty of the limited partners' promissory notes. Coopers & Lybrand stated it would allow revenue recognition to the extent the limited partners' notes were paid. As a result, JNC's audited financial statements would show a loss due to its expenses and lack of revenue recognition. Needless to say I was very displeased with Jack Clements' professional incompetency. I had relied on his advice to our injury. We negotiated with Coopers & Lybrand to prepare our financial statements on a tax basis to show the after-tax income we believed we had achieved. They agreed. The financial statements included a footnote that compared the tax prepared statements to key financial information had the statements been prepared on a Generally Accepted Accounting Principles basis. Following the 1984 financial statement and tax return preparations by Coopers & Lybrand I directed we would replace the auditors; their transgression against our well-being was unforgiveable. I should have sued them; however, at the time, I loathed litigation. Although we moved our audit and tax preparation business to another Big 8 accounting firm with an office in Tucson, Arthur Andersen & Co, I must admit today that the Coopers & Lybrand third partner review sounded the consequences similar to the syndication of partial loan guaranties and not the syndication of equity investment in real estate. Experience brings so much understanding, notwithstanding the price of its acquisition.

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The Search for a New Lender Arises Again Following the December 21, 1984 NTIF loan closings, NTIF informed me that following the Saguaro Ranch Limited Partnership note financing in early 1985 we had reached their limit for loans they were willing to vest with JNC partnerships: $12.5 million. Once again I would have to look for lenders. I went back to Donna and Ron Anderson and had serious discussions with them. They did not receive any brokerage fees from the NTIF financing transactions. I discussed with Donna the idea that the Andersons could be our primary loan broker and would share loan brokerage fees with other brokers, as necessary, to bring lenders to the table. If they wanted to be our primary brokers, they needed to develop a continuous pool of note lenders willing to accept the Admiral bond as a credit enhancement. It would be unacceptable if we had subscribed syndications where Admiral had issued a commitment letter to issue a bond and there was no lender to fund the transactions. Donna and I orally agreed to the idea she would be the primary loan broker and would cooperate with other loan brokers as necessary. I recognized this could add another half a point to the loan brokerage fees but more certainty in the pool of available lenders was a worthwhile trade-off. Donna also knew Ted Kinney and advised she would work with them in the continuing development of lenders for the Admiral bond. Fortunately, Donna was able to find a new lender who was willing to accept the Admiral bond: Lincoln National Life Insurance Company of Terre Haute, Indiana. Lincoln National funded the next four transactions following the Saguaro Ranch closing. These loans closed, however, in Chicago, not New York. The lender's law firm was Chapman and Cutler.

The First Five 1985 Admiral Bonds When JNC's audited financial statements were completed by Coopers & Lybrand, as well as the several limited partnership reviewed financial statements, all were sent to Kinney to be - 133 -

included in the underwriting files for the JNC business. I then received a telephone call from Kinney. He said he was shocked JNC and its executives were so heavily subscribed in the limited partnerships already financed. I asked him why he was shocked; Admiral approved each deal as it was submitted. He then told me the new policy would be that JNC and its executives would have to be lesser limited partners in future transactions. Sometime in early 1985 I visited Ted Kinney in Cherry Hill, New Jersey. We had dinner at his favorite restaurant, the Cherry Hill Hyatt's main dining room. That night I reviewed the next five transactions. He advised all would be approved; Admiral apparently liked the way we did business. I then explained the progress in the Brill Medical Plaza project; it was the only project we had undertaken in Phoenix. It was the 50,000+ sq. ft. medical office building that had been set afire in an arson fire. Admiral had one bond currently outstanding on the project. Kinney just approved retiring that $500,000 bond with one in the amount of $4.5 million.118 He also advised he and another Jersey International employee who had worked on our account, Bob Gardner, would be willing to subscribe as limited partners in the Brill Medical Plaza Limited Partnership.

It was completely leased, as described below, to the Phoenix

Children's hospital. The deal cash-flowed the new bond; the limited partners would not have to make any payments from their own pockets. Chuck Kairys advised he would provide all the limited partners save the two slots saved for Kinney and Gardner. At the loan closing for the Brill Medical Plaza note financing, Jim Williams remarked about how good the deal must be if Kinney and Gardner decided to become limited partners. Kinney and Gardner's participation 118 $4.5 million was about the largest principal amount we could finance through the Admiral credit enhancement. The reinsurance treaty limits totaled $6 million in principal and interest. Allowing for interest over an average bond life, the maximum principal we could derive from one Admiral bond was in the neighborhood of $4.5 million.

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was also listed on the bond's Schedule A.

Admiral never objected to their individual

subscription. All total, the Admiral bond financings from January through May 1985 involved approximately $20,000,000. The first loan in the amount of $2.5 million was funded by NTIF and the other $17.5 million was funded by Lincoln National. The Saguaro Ranch loan closed at Cleary Gottlieb in New York; the other four loans closed at Chapman and Cutler in Chicago.

The Copper Crest Project Tim found an 80 acre parcel located on Bopp Road approximately three miles west of Kinney Road on Tucson's southwest side of town. This site selection crystallized our selection criteria. Of course, we were primarily interested in location, location, location. Most JNC projects were considered well located, prime real estate acquisitions. Some would complain we paid too much. But, if you have ever purchased prime real estate you know you are always considered as having paid too much. With the Saguaro Ranch acquisition another selection criteria emerged: price.

The

property was acquired at $500,000 under MAI appraisal, or about one fourth less. It was zoned for mobile homes. We platted the property to be rolled out in four phases. We also brought in off-site utility infrastructure, paved the phase one roadways, and developed and constructed a million dollar recreation facility that included a large swimming pool. The project was foreseen as age restricted to owners 55 and older. We named the project "Copper Crest." The Admiral enhanced note financing was approximately $2.5 million.

Admiral

approved an immediate distribution to the limited partners in recognition of the advantageous purchase price.

The distribution and Admiral's approval was disclosed in the offering

memorandum. - 135 -

The Brill Medical Plaza Refinancing The Brill Medical Plaza Limited Partnership was considered a construction-absorption partnership. Shortly after the first of the year, a couple of fellows were walking through the empty Brill Medical building while our construction crew was completing rehabilitation improvements. They announced they were from the Phoenix Children's Hospital, which was part of the Good Samaritan Hospital organization in Phoenix.119 Those two fellows thought PCH would be interested in leasing an entire floor. Needless to say, in a 40% vacancy market, we were excited. Later, PCH advised it reevaluated its situation and that it would take two of the three floors. Finally, PCH recognized it was in its best interests just to lease the entire building. The Brill Medical Plaza had the advantage of being kitty-corner to the Good Samaritan Hospital and all its facilities. We had the only completely vacant medical office building in the neighborhood. I traveled to Phoenix to negotiate the lease with Dr. Dan Cloud, the PCH CEO. We sat in a conference room at Good Samaritan hospital. There were three of them and just me. I had already prepared a triple-net lease.120 The lease was set at the prevailing market rate, vacancy factors notwithstanding. It also adjusted at 7% per year. PCH had the option to buy the property at the end of the lease period. I was tough; my terms or we didn't have a deal. What was I thinking; the Phoenix office market was laboring under a 40% vacancy? Dr. Cloud accepted the deal and signed the lease.

119

Specifically, while the Phoenix Children's Hospital was separately chartered, Good Samaritan essentially guaranteed its lease payments via an operating agreement where it agreed to guarantee the newly formed children's hospital's operating expenses, including leasehold costs. 120

A triple-net lease is net of operating expenses, net of maintenance and repair expenses, and net of property tax expenses. In other words, all lease payments were available for debt service. It is a common lease arrangement in commercial leasing activities.

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Then Dr. Cloud said since he gave me everything I said I needed to make my deal work for my partnership, he wanted something from me. I asked what it was. He said he needed charitable contribution support. I told him I couldn't provide charitable contributions from the partnership; there being no provision for it in the partnership agreement. However, I could support him outside the partnership. I then told him the story of my fourth child's birth and that TMC had written off the $5,000 nursery ICU costs. Indeed, the time had come to start repaying that debt. I committed to Dr. Cloud JNC would donate a total of $250,000 at the rate of $50,000 per year; but, PCH would have to keep the donation anonymous.

I am not one big for

publication of sincere philanthropy. Later, my marketing director, Hala Moddelmog, came to me and said PCH knew my desire to keep our philanthropy private.121 But, PCH considered our charitable contribution generous and needed to publicize it during the forthcoming Children's Miracle Network Telethon produced by Donnie and Marie Osmond in Orem, Utah. The goal in publicizing the donation, Hala persuaded, was to help inspire further contributions to be made to PCH. In other words, our donation was seeding the pot. Hala also advised PCH wanted us to accept the Osmond's invitation to travel to Orem to present the check on the nationally televised telethon. Although I would prefer to have retained the anonymity I couldn't deny the argument; it was a McDonald's kind of argument. Publicity, publicity, publicity. So I agreed to the proposal. Renee and I traveled to Orem, Utah and I gave the check on national television to Dukes of Hazard television star John Schneider, telling Joshua's story, my

121 On release from prison in October 2004, I learned Hala had become the President of Church's Fried Chicken. I silently cheered her on. Her husband, Steve, was my right-hand guy in both tax planning and the JNC financing activities. He was the president of our captive securities company, Ventana Financial Corporation. At the end of the day, I learned Steve had pled out to an open-ended Class 6 felony; one that could be converted to a misdemeanor upon his successful completion of parole.

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inability to pay, and that it was time for me to give back. During the few days we were there, Renee and I attended a party at Donnie's home. I met Marie in the kitchen. She advised we had one thing in common with Richard Burton. Of course, curiosity got the best of me -- "What?" I asked. She said, "We are all Welsh." She knew, instinctively, that Jenkins is a Welsh name.122 The only other thing I remember about the venture is meeting a few stars. I met Marilyn McCoo of the Fifth Dimension. Renee and I had seen Marilyn and the Fifth Dimension at Disneyworld in January 1981; later, I would see Marilyn and her husband, Billy, outside Harrod's in London. One evening Marilyn sang on the telethon. She was beautiful; her gown was also beautiful. But, she wore high-top sneakers while adorned in the gown. I asked, "Marilyn, why the high-tops?" She said, "They're not showing my feet, Honey, I want to be comfortable." I also met Merlin Olsen of NFL fame. I never shook such a big hand in my entire life. The Brill Medical Plaza deal, of course, was a great venture. It was a model that evidenced the JNC partnership succession likened to conventional real estate bank financing worked according to plan. At the time of the JNC system Chapter 11 filing in 1987, the Brill Medical Plaza Limited Partnership was the only JNC partnership not placed in Chapter 11. Chuck Kairys took over management of the partnership at that time.

The Sunbelt Commerce Center Project The Sunbelt Commerce Center involved 30 acres of improved land situated on the southeast corner of Irvington and Country Club along the southern edge of I-10. That is, the site enjoyed great I-10 visibility. The off-site and on-site utility infrastructure had already been

122

In recent years, I didn't catch Marie on Dancing With the Stars, but I silently cheered for her. I heard she performed really well.

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constructed when JNC acquired the property, as well as the internal roadway. The property met the price, price, price criterion for acquisition. Upon acquiring the project we began planning its uses. Initially, we concentrated on developing a Marriott Courtyards hotel and acquired a franchise from Marriott for that purpose. To complement the hotel we planned to build a 50s style diner. Hank Gannon came up with the name I liked best. We planned on calling it "Hot Lucy's Diner." The I-10 ingress and egress was within one block and suggested convenience to I-10 travelers exiting at the popular Palo Verde Road exit. Our initial acquisition involved matters in the nature of an acquisition and development partnership although all development was completed. Our main task was use planning and eventual construction and absorption. Ted Kinney liked the site. The Admiral bond was approved in the neighborhood of $4.5 million principal with a two-year duration.

The Dakotah Hills Condominiums The Dakotah Hills condominiums were constructed east of the JNC office building and north of the retail spaces. The planned condominiums were stacked, one upper unit and one lower unit. There were two bedroom and three bedroom units. We experimented with a plan to build the 80 units in a 90 day period. We pretty much met the objective. The rental absorption period was fast and the rentals garnered top dollar for the area. This partnership's financing retired the balance of the Sierra Sunrise Limited Partnership's Admiral enhanced financing. Again, the Admiral bond was approved in the neighborhood of $4.5 million principal with a two-year duration. - 139 -

The Ina Thornydale Project Tucson's near northwest side was beginning to boom in the early 1980s. One of the major intersections was Ina and Thornydale. Ina was part of the major road system traversing from I-10 on the west across the Catalina foothills to the east. Thornydale would become a major north-south route, leading to Tangerine Road in the north. Three corners of the Ina Thornydale intersection had already incurred substantial construction of retail strip centers. The essentially undeveloped corner was the southwest corner. The only building on the southwest corner at the time was a Valley National Bank. Our first purchase at the intersection was the 102 acres surrounding the Valley National Bank. The site stretched from Ina Road to the Cañada del Oro wash and from Thornydale to about a quarter mile to the west. The site cost was approximately $20 million. To facilitate site acquisition through the Admiral bond program, Tim negotiated the acquisition in four rolling options, each for about one-fourth the site in land area. The acquisitions began with the most northwest quarter, then the most southwest quarter, then the most southeast quarter, and finally the quarter that wrapped around the bank on the northeast part of the property. We used a combination of a loan from the union pension funds and the Admiral bond financing to acquire the first option of the property on or about May 1985. This project was the first time Admiral would not acquire a first lien position to secure its credit enhancement. Kinney nonetheless got the deal approved with the Admiral executives. The financing on this property crystallized what would become the three-tier financing algorithm for the remainder of our development career. The three tiers include floor, mezzanine, and ceiling levels, to wit:

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The Three Tier Value Box Ceiling Level 20% Equity Risk Management Position Mezzanine Level 30-40% LTV Second Trust Deed Admiral Risk Management Position

100% of Real Property MAI Appraised Value

Floor Level 40-50% LTV First Trust Deed Conventional Lender Risk Management

We named the Ina Thornydale project The Pavilion.123 The JNC Development Vice President, Steve Brigham, had introduced us to the architecture of the Mexican architect Luis Barragán. You would probably recognize his famous contrast of colors. One of Barragán's contributions is his collaboration in Mexico City's Torres de Satélite. The towers mark the entrance to Ciudad Satélite, a Mexico City suburb. The five towers range in height from 98 to 650 feet.124 I told Brigham to develop a Barragánish Torres de Satélite and place it on the most southwestern corner of the Ina Thornydale project. This is the point of the Ina Thornydale project closest to I-10. It was intended to place the name, Pavilion, sideways along the height of 123 Following the JNC system Chapter 11 filing in September 1987, another developer stole our project name for a commercial development located at the next I-10 exit north of Ina Road. The Pavilions is a major commercial development at I-10 and Cortaro Farms Road. 124

http://en.wikipedia.org/wiki/Torres_de_Sat%C3%A9lite.

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the most prominent tower. It would have been seen for quite some distance; the marquee to the Ina Thornydale commercial center. The Pavilion was designed to also incorporate an emerging outdoor mall concept. The mall was planned to incorporate the use of soaring tent-like structures. This form of cover would give necessary relief from the Arizona sun, while yet capturing the sense of out of doors freedom.

Also, as in all our projects, the Pavilion would have been designed with posh

landscaping to "pop" it as an established and successful project. It was also important from a design perspective to integrate the perimeter sites, those on the outside of Regency Boulevard, and the interior mall. The developer's profits sat in the value creation accorded the perimeter sites. If we were not successful in creating that value, we would not enjoy the profits the project could generate. Borrowing from my observation of McDonald's success with in-store playgrounds and my observation of San Francisco's Children's Museum, I also directed Brigham to plan the Pavilion around a children's museum. Remember my philosophical maxim: If you want to be successful, all you have to do is create the opportunity for others to participate without limitation.125

I asked one of the JNC limited partners, Carroll Rinehardt, to head up the

Children's Museum Board. Carroll had been the head of music for the Tucson Unified School District; indeed, I remember when Carroll came to my junior high school, Bryan C. Doolen Junior High, and taught the eighth grade chorus to sing the popular 1947 song Almost Like Being in Love.126

125 This is the same maxim by which I commenced studying the Instructions in January 1999 that led to my scripture deciphered social choice theory research described in Part III - Beauty and the Beast, infra. 126

Information about the song may be found at http://en.wikipedia.org/wiki/Almost_Like_Being_In_Love.

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Prior to the JNC system September 1987 Chapter 11 bankruptcy filings, we had completed certain infrastructure improvements on the Ina Thornydale site, including utility onsite development, interior road construction, and rip-rapping the property's southern edge along the Cañada del Oro wash. We also had undertaken negotiations with Target and K-Mart as anchor tenants. Later, both had gone into the center; K-Mart was subsequently replaced by a Lowe's home improvement center. However, JNC's development plans were not completely respected. In order to maximize project profits it was necessary to ensure the outer perimeter was commercially successful. To date, that has not been achieved.

The Lincoln National Loan Closings The four Lincoln National loan closings went off without a hitch. The usual loan closing regimen prevailed; upon my arrival all closing documents had been situated around the perimeter of the conference room. Painstaking detail followed; ensuring each document was signed and initialed as required by Admiral or the lender. The Lincoln National loan closings brought a new characteristic of transferring funds. No longer would I travel home with cashier's checks in my pocket. At the end of the closing, the funds were wire transferred to the partnership's account at United Bank in Tucson. Gone were the days of multi-million dollar cashier checks in my coat pocket for the ride home.

The Impending Admiral Bond Program Changes and other Problems Spring 1985 was filled with the excitement of accomplishment.

Our first year of

involvement in the Admiral bond program brought with it approximately $32.2 million in loan closings; bringing capital to Tucson for enhancing her community.

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No Warm Tucson Reception for JNC's Success Nonetheless we weren't fully accepted in the Tucson community as contributing to her welfare; not being considered one of the stalwart blue-bloods of timeless invention. The JNC adventure was unfolding in Tucson; a relative small town. The bulk of the capital infusion was coming from far away money centers. Millions of dollars were beginning to arrive. You could smell the jealousy. The seeds of my forthcoming litigation disadvantage were probably ingrown by this jealousy. I was a University of Arizona graduate; three degrees. It was only natural I would support my school.

When I was a professor at DePaul University in Chicago, DePaul's

basketball program was at its historic height under coach Ray Meyer. For the two years I was there, DePaul dominated the weekly college rankings' No. 1 position, only to lose early in the NCAA's March madness. In 1984 Lute Olson came to the University of Arizona from the University of Iowa. The U of A athletic department's Carl Meyers approached me about becoming a booster. I agreed. I met Lute and football coach Larry Smith. I would support both their programs financially. In turn, Lute and his wife, Bobbi, became limited partners in the Dakotah Hills Offices Limited Partnership and athletic director Cedric Dempsey and his wife June became limited partners in Club del Rio's construction-absorption partnership. Basketball assistants Ricky Byrdsong and Scott Thompson also became involved in our activities.127 Notwithstanding these involvements it the jealousy remained.

Another Tucson

syndicator had tried to cause us problems with the Arizona Corporation Commission by instigating an investigation into a trivial issue. Whenever I attended sporting events at the U of

127

Ricky was murdered in Illinois in 1999; a victim of an alleged hate-crime. http://en.wikipedia.org/wiki/Ricky_Byrdsong.

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See,

A other community stalwarts avoided me. We didn't pay appropriate homage to the powers that be in Tucson; the ones who thought they really owned the community. They waited for their inroads into my failures. The conclusion is that success isn't always sweet.

Peter Beren and the Commercial Bribery Advisory Many problems with the Admiral bond program surfaced in Spring 1985. The first problem was brought to my attention by JNC's outside counsel, Peter Beren. I met Peter through one of my 1975 McDonald's franchisees, Glenn Garrett. Glenn grew to be one of the largest McDonald's franchisees in Tucson. He also invested a lot of time in maintaining relationships with the Oak Brook executives, particularly Gerry Newman. Indeed, Glenn was instrumental in introducing me to Gerry. Glenn became involved in some of our pre-Admiral partnerships. He recommended I use his outside attorney as our outside attorney. He introduced me to Peter Beren. Tim and I traveled to Chicago in the late 1970s for one of Gerry's biennial McDonald's franchisee accountant and lawyer conventions. Gerry hosted this convention in Chicago every two years. It was run like a continuing education program. McDonald's wanted to ensure the professionals who represented its franchisees to be on top of current legislation and other matters that would affect the franchisee's economic well-being. In the late 1970s Tim and I had already given several seminars for McDonald's in its various regions across the country. On this occasion, we decided to host a hospitality suite. We had already met many franchisees. We never wanted to take business away from their CPA or attorney; only to supplant their efforts with our succession planning methodologies. As you can imagine, however, jealousies ran rampant. I was always prepared for confrontation with CPAs and attorneys. I knew my research well; I was a professor and could teach it. Indeed, that was - 145 -

the format I adopted in every seminar presentation: educate, educate, educate. The idea of the hospitality suite proved successful. Many attended our hospitality suite affair, including Peter Beren. Particularly, Peter spent a great deal of time in our hospitality suite and watched how Tim and I sold our ideas. One evening Peter played his hand, he advised he thought he could help facilitate our business growth. We were willing to listen. This is probably the point where we decided Peter would begin representing our syndications as well. In spring 1985 Peter called me and explained what he thought might be a problem with payments to Ted Kinney for loan brokerage services. He explained there was an Arizona statute proscribing commercial bribery.128 The commercial bribery statute criminalized conferring a benefit on an employee without the employer's consent with the corrupt intent to influence the employee's behavior in relation to the affairs of the employer; applying only in those situations where an employer suffers a loss therefrom.

I told Beren I had asked Kinney if it was

appropriate before we made the first payment and related to Beren that Kinney had advised he could provide loan brokerage services, invest in our limited partnerships, and sell our limited partnerships. Kinney wasn't employed by Admiral; he was employed by Jersey Underwriting Managers. His job was to promote the Admiral bond. Beren nonetheless insisted I obtain written permission. Following Beren's advice, I telephoned Kinney and explained the problem to him. I told Kinney I didn't see how I could continue paying him for his loan brokerage services if I didn't have formal consent from his employer. He advised he would give the issue some thought.

128

See A.R.S.§13-2605.

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Kinney then advised the Admiral quota share and excess of loss reinsurers were auditing the Admiral bond program book of business. Following the loan closing on the Ina Thornydale project's first Admiral enhanced loan financing, Kinney advised he would not submit further JNC applications to Admiral unless I agreed to continue paying him his fair loan brokerage fees. I discussed the matter with Donna Anderson. She advised she would pay him out of her commissions. I advised we should think about it and consider all our choices. In hind sight, I think Peter Beren gave me poor legal advice; if not outright malfeasance. In my habeas corpus claims for relief I would allege Peter's corruption. He wanted to take advantage of both JNC's success and its failure. Peter acquired approximately $10 million in securities law malpractice insurance while employed as JNC's outside counsel and preparer of the several limited partnership offering memoranda. During the course of the JNC litigation, I learned the malpractice carriers had paid the $10 million. I called Peter and asked him if he told the malpractice carriers things about JNC to induce them to pay off the $10 million. He said, "Yes." I have cursed Glenn Garrett for introducing me to Peter Beren since that day. That was the day I came to the conclusion Peter took advantage of us. My allegation is that Peter personally profited from the JNC demise. I also believe Peter had conversations with Admiral counsel James Alexy about the commercial bribery problem and whether Admiral's guaranties smelled like substantive mortgage guaranty insurance. While Peter was quick to bring the commercial bribery matter to my attention he never breathed a word about the possibility Admiral's guaranties smelled like mortgage guaranty insurance. I figured that out only after the courts caused me to experience an

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emotional catharsis in summer 1995 while incarcerated at the Arizona State Prison - Douglas, Mohave Unit. Peter did not represent JNC's best interests or the best interests of its partnerships. He represented his own interests; where he could profit from JNC's rise or fall. Thanks to Peter I have been enlightened about the legal profession. In sum, I believe lawyers feed off the utility of others; those who have taken risks for the profits they have acquired. That is, lawyers are utility thieves. While there may be altruistic lawyers who negate this proposition, by and large, I believe the public agrees with this assessment. It would be hard to capture utility theft by extant legal standards and criminal proscriptions. The courts have legislated immunity for judges and prosecutors and, practically, attorney malpractice befalls only the politically unfavored. I further conclude the Supervisory Powers Court would be hard pressed to change this perception through the exercise of its corrective jurisdiction. It is innate to the beast. In my case, however, I would have no regret if the Supervisory Powers Court metes out harsh punishment for Peter Beren. Indeed, I would regret giving up so much of my life by my involuntary servitude to the High Court's usurpation of my liberty and property interests in the alleged evisceration of public corruption if it did not use its heaviest hand in correcting illegal conduct in the courts, no matter the societal privilege of the person involved.

The Admiral Reinsurers' Summer 1985 Audit Concomitant with Kinney's threat that JNC partnerships would not receive further Admiral bonds if Kinney's loan brokerage participation was omitted the Admiral quota share and excess of loss reinsurers audited the Admiral bond program in summer 1985. The results were not good. Kinney's oppression, Beren's mortgage guaranty insurance knowledge deception, and - 148 -

the Admiral bond program reinsurers audit all sounded in Admiral's wrongful conduct. On the other hand, we believed JNC and its partnerships accomplished great things in the first year of syndicating Admiral's credit enhancement. How would all these disparate interests reconcile? I began to echo a sentiment I would repeat for many years to come, "They didn't teach me about this shit in graduate school." Indeed, education about corruption in real world business affairs seems to elude the innocence of the university classroom. Why aren't there examples educating how others may corruptly bring regulatory or prosecutorial investigative pressures to quash a competitor's successes? How about setting up a customer for potential criminal conduct claims to masque one's own criminal conduct? None of these were shared in the halls of academia; either for my benefit as a student or by me as a professor. Education about corruption in the competitive marketplace comes only by the trials and errors of experience. Anyway and to make a long story short, following their summer 1985 audit the Admiral excess of loss reinsurers advised they would not renew the excess of loss treaty for 1986. Taken in the totality of the circumstances herein presented, it is transparent the excess of loss reinsurers suspected Admiral's bonds issued on behalf of the JNC partnerships smelled like mortgage guaranty insurance: the unlawful transaction of insurance across state lines. The consequences of such a conclusion have already been spelt out. Based on the foregoing, there were a host of problems to resolve. What was I going to do about Kinney's unwillingness to get a letter evidencing Admiral's consent he could receive loan brokerage fees? What was I going to do in the face of Admiral's excess of loss reinsurers' withdrawal of support for the Admiral bond program? All of a sudden, the glories of success

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achieved in the year just passed eviscerated in the heat of summer. Personally, I achieved my highest weigh in my adult life -- 281. Fat fuck.

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Chapter 11 The Hiatus There was a hiatus in 1985 when Admiral did not issue financial guaranty bonds in favor of any JNC partnership. The hiatus endured from the Ina Thornydale Limited Partnership May 1985 loan closing until October 1985. The hiatus resulted from the Admiral excess of loss reinsurers' summer 1985 audit of the Admiral bond program; an audit I suspect was engendered by the substantive nature of the JNC Business Plan and Admiral's support of same.

Consequences of the Reinsurers' Summer 1985 Audit I didn't have any direct knowledge of the timing, scope, or duration of the reinsurers' summer 1985 audit of the Admiral bond program. I only learned scant details from Kinney. However, given the changes that would come in the Admiral bond program, it is fairly easy to deduce what happened between Admiral and its excess of loss reinsurers; and, it was transparently not a good thing for Admiral. By the tale of the tape it appears the Admiral bond excess of loss reinsurers concluded Admiral was involved in the unlawful transaction of substantive mortgage guaranty insurance. While their retreat remained silent to my ears in 1985, the rationale for their departure became clear when I deduced the corrupt scheme to orchestrate my criminal conviction following the time when the Supreme Court indirectly orchestrated my catharsis in summer 1995. The most tell-tale result of the reinsurers' summer 1985 audit is that the Admiral bond program's excess of loss reinsurance treaty would not be renewed for 1986. The termination of the excess of loss treaty left Admiral with only a $1,000,000 quota share treaty for 1986. While that consequence goes without explanation, the second most tell-tale result of the audit is persuasive as to the reinsurers' reasons for opting not to renew the treaty.

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Once again Kinney and Admiral took action to force JNC to change its business plan. First, Kinney acted surprised to learn the extent of JNC and JNC executive limited partnership subscription on receipt of the 1984 JNC and limited partnership financial statements. It was I who was surprised inasmuch as the subscription level was consonant with the JNC Business Plan allegedly made part of Admiral's underwriting regimen. Moreover, my surprise is entitled to further exacerbation when it is considered all subscriptions are disclosed in successive offering memoranda as a risk factor and are made a part of Schedule A attached to each Admiral bond at the time of closing. Admiral's closing representative could have required replacement limited partners prior to closing; but Admiral's silence is its consent, as usual. But, the important aspect of Kinney's surprise and concern as to JNC and JNC executive subscription levels attests to the strategy to encourage subscriptions that move away from a determination that Admiral knowingly and willfully engaged in the unlawful transaction of substantive mortgage guaranty insurance. Admiral's action following the reinsurers' summer 1985 audit furthers its strategy to encourage subscriptions that create distance between it and an adjudication of unlawful activity. This time, however, rather than use Kinney's front man's voice, Admiral used its attorney James A. Alexy as a front for its distancing effort. Following the reinsurers' summer 1985 audit, Alexy announced the requirement for three exhibits to be attached to each Partnership Indemnity Agreement. Exhibit A required disclosure of any limited partner subscribing to more than 10% of the subscription promissory notes to be insured by Admiral in that particular financing. Exhibit B required disclosure of any JNC employee subscribing to the partnership where Admiral insured principal or interest payments under the terms of the subscription promissory note. Exhibit C required disclosure of limited partners who had subscription promissory notes

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yet outstanding in previously subscribed limited partnerships where Admiral had insured the earlier subscription promissory notes as well. Alexy required these exhibits be submitted to Admiral in advance of each loan closing for Admiral's approval. JNC complied with Alexy's new disclosure requirements in each and every Admiral bond issued between October 1985 and June 1987. Notwithstanding the disclosures, there was not one instance in any of the ensuing Admiral credit enhanced loan closings where Admiral required an Exhibit A, B, or C limited partner to be replaced. It was a requirement lacking substance. The next tell-tale Admiral requirement following the reinsurers' summer 1985 audit is that Admiral announced that henceforth each limited partner would be required to make interest and principal payments from his or her own funds without the assistance of distributions from the limited partnership. I counter-argued that Admiral allowed JNC to organize several limited partnerships according to the disclosed JNC Business Plan where it was the partnerships' objective to make distributions for limited partner interest and principal payments from partnership resources and the limited partners were liable only in the event the partnership was unable to do so. Nonetheless, I organized partnerships where the limited partners paid their interest payments from their own funds, but still structured principal payments far enough out into the future that there was a reasonable likelihood same could be made out of the success of partnership operations. In many instances, however, Admiral knowingly and willingly continued to issue Admiral bonds on behalf of JNC partnership note financings where it was disclosed the limited partners' interest and principal payments were intended to be funded by the partnership in the first instance and from the limited partners only if the partnership was unable to do so. Altogether, these changes unilaterally imposed by Admiral in its relationship with JNC following the reinsurers' summer 1985 audit speak to the reinsurers' transparent realization

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Admiral had been unlawfully transacting mortgage guaranty insurance. It is transparent Admiral induced the reinsurers to not outright cancel the excess of loss reinsurance treaty in summer 1985 and persuaded them to remain in the treaty through the end of 1985 by proposing Alexy's Exhibit A, B, and C requirement and the unilateral change in the JNC Business Plan requiring the limited partners to pay interest and principal payments on their subscription promissory notes from their own funds without the assistance of distributions from the limited partnership. Admiral knew it needed the flexibility in managing the consequences of its commitments already outstanding in several JNC limited partnership financings. Today, I suspect JNC's attorney, Peter Beren, was knowledgeable about some or all of these matters learnt in pairwise discussions with Alexy or deduced by his own knowledge of the law. However, he chose not to share his substantive insights with me at the time. Had Peter Beren disclosed to me the consequences Admiral would have faced if it had been adjudged the May 1984 through May 1985 bonds substantively involved the unlawful transaction of mortgage guaranty insurance in summer 1985, it is highly likely I would have chosen that ground as the battlefield as Admiral unilaterally imposed changes to the JNC Business Plan. Recall from an earlier chapter, Admiral's violation of public policy would require it to make payments under its bonds without being able to redress any remedy in equity or at law under the several indemnity agreements. It would have meant an approximate $30 million windfall to JNC and its limited partners at that time. Peter's failure to represent his client's interests at this point in time smells like he had been bribed by Admiral so that his clients would not learn what was really at stake in summer 1985.129 You have to appreciate the significance of

129

On realizations like this, I would urge the Supervisory Powers Court to mete out the harshest sentence to Peter Beren; loss of all his assets and a severe prison sentence. Else, the legal profession does not receive the message it ought to receive.

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bribing Peter at this point. First, Berkley was going to Wall Street to raise $150 million in 1985 and 1986 securities offerings it desperately needed to complete its bail out from the insurance industry crisis of the late 1970s and early 1980s. Any litigation between Admiral and JNC involving whether Admiral had knowingly and willfully engaged in the unlawful transaction of substantive mortgage guaranty insurance would have quashed any hope Berkley could raise its needed funding on Wall Street. Therefore, bribing Peter Beren to stave off the litigation was worth Berkley survival; a motive set in stone. Moreover, the Berkley and Admiral practice of conveying unlawful benefits to ensure foreseeable outcomes would set the stage for Admiral's litigation strategy in the foreseeable JNC litigation;130 and, unknowingly play into the Rehnquist Court's search for an opening to launch its attack against the ICMC.

The Effort to Replace Admiral In summer 1985 I was discouraged in the Admiral relationship. Peter Beren's unlawful legal advice left me few options; he was aiding and abetting Berkley and Admiral by cornering my choices to only one. My guess is that Peter knowingly raised the issue concerning the loan brokerage fees paid to Kinney because Admiral had received news from its reinsurers that they intended to audit the Admiral financial guaranty bond program; particularly the JNC accounts.

130

I say the JNC litigation was foreseeable to Admiral at this time, but not necessarily foreseeable to me. By 1985, the nation was in the midst of Reaganomics' attack on real estate investment. It was probably clearer to firms with active Wall Street relationships, such as Berkley, that Reaganomics would impair money supply flow to real estate limited partnerships in favor of increasing money supply pressures in the debt and equity capital markets. I now recognize this strategy as the ICMC information economy objective to centralize its control over access to capital in the world's capital markets. After all, the money supply pressure objective had been pursued in TEFRA. Ergo, absent some unforeseen solution it was in Berkley's best interests to forestall the eventual JNC litigation so that it could complete its bail out plans and prepare for the worst outcome in the JNC litigation -- Admiral would be liable for all losses on the Admiral bonds issued on behalf of the JNC partnerships and the reinsurers would be released from any such liability. As it turns out, the arbitration between Admiral and its reinsurers ended with a requirement that the reinsurers would pay only 10% of their contractual exposure.

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The goal was to make me believe my hands were dirty; except I never believed I paid Kinney money he hadn't earned in Admiral's best interests or without Admiral’s substantive consent. I surveyed other sureties in the business, including AIG and USF&G. All had syndicator requirements JNC could not meet. They were there for the large Wall Street syndicator limited partnerships; not the little guys like me. I asked Donna Anderson to help come up with a solution. She found one possible option. Donna and I respectively flew to Oklahoma City in summer 1985 and met with Charlie Bazarian. Charlie had a program of financing "naked notes." Naked notes lack surety credit enhancement. I explained the JNC Business Plan to Charlie; however and ultimately, Charlie was unable to help remove Admiral as the JNC partnership credit enhancement partner by financing naked limited partner subscription promissory notes on behalf of JNC limited partnerships.131 Not having the full panoply of Peter Beren's insights into my best negotiating position, I was forced toward the corner Admiral wanted me in: Donna Anderson agreed to co-op Kinney's loan brokerage fees to distance me from the commercial bribery issue; I listened to Kinney's representation of the new deal structures required by Admiral. Well, let's just say I listened. I was determined to stay as close to the JNC Business Plan originally submitted to Admiral before it issued the first credit enhancement for a JNC partnership. After all, I was raised in the image of the Ray Kroc handshake school of business.

131

I remember later reading about Charlie's litigation problems. No one escaped the hardships the ICMC wrought in the pursuit of its objective to rechannel money supply away from real estate limited partnerships and toward the debt and equity capital markets.

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Chapter 12 JNC Fundings: October 1985 - June 1987 As we entered the last quarter of 1985 pressures must have been mounting at Admiral Insurance Company to return to the transaction level JNC had legislated in its first year participating in the Admiral Bond program. There is an appearance Admiral spoke from one side of its underwriting mouth to the excess of loss reinsurers and from the other side to me in the formulation of end-of-1985 Admiral Bond approvals. Again, Berkley's 1985 and 1986 Wall Street insurance industry crisis financial bail out, together with the prospects of its 1987 $100 million shelf registration, took transparent priority; Admiral's instructions from Berkley during this period are likewise transparent: Continue to support the JNC Business Plan. Admiral's strategies to mitigate the loss of its excess of loss reinsurers were multilateral.

Admiral's Solution for Substantively Retaining Its 1984 and 1985 Excess of Loss Reinsurance Admiral developed a scheme to avoid the reinsurers' termination of the excess of loss reinsurance treaty.

It hatched a plan to continue using bonds issued on behalf of JNC

partnerships in 1984 and 1985 that were covered under the 1984 and 1985 reinsurance treaties. Admiral directed the amendment of 1984 and 1985 issued and outstanding bonds to support refinancings or new financings of limited partner subscription promissory notes in later years. Five bonds issued under the 1984 or 1985 excess of loss reinsurance treaties were amended in 1986 or 1987 in order to retain coverage under earlier years' reinsurance treaties. 132 Alexy opined Admiral's authority.

132 These bonds included the Pio Decimo II bond (originally issued in December 1984 and amended in December 1986); the Rio Resort Planning bond (originally issued on or about March 1985 in the Tack Room project and amended for the Club del Rio project in December 1986); the Sunbelt Commerce Center bond (originally issued on or about April 1985 and amended on or about April or May 1987); and, the Ina Thornydale bond (originally issued in May 1985 and amended in May 1987).

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Admiral's Solution for Losing Its Excess of Loss Reinsurance Coverage At the end of 1985 I had a conversation with Ted Kinney concerning Admiral's loss of its excess of loss reinsurance treaty. I asked Kinney how that would affect the JNC Business Plan. Pointedly, Kinney advised me, "Don't worry about it." He then explained the strategy to form subsidiary limited partnerships underneath the umbrella of the partnership I organized for the purpose of subscribing limited partner participation. The parent partnership would transfer equal amounts of subscribing limited partner promissory notes to each subsidiary limited partnership. Admiral would then issue a financial guaranty bond for each subsidiary partnership, each being covered under the extant $1,000,000 quota share treaty.133 Overall, it meant Admiral had a larger portion of the total risk; but, it must have been viewed by Admiral and Berkley as a better solution in the context of Berkley's 1985-1986 insurance industry crisis financial bail-out agenda compared to pulling the plug on the JNC projects at that time.

Admiral's Futile Attempt to Transform the JNC Limited Partners' Obligations Notwithstanding Admiral's edicts following the reinsurers' summer 1985 audit only seven partnerships and only 13 of the 38 original or amended Admiral bonds required subscribing limited partners to pay interest payments on their subscription promissory notes from their own funds without distribution support from the partnership.134 In most cases principal payments were deferred for two years or more or were deferred until the latter years in an outstanding

133

The use of subsidiary partnerships in this fashion remarked as if Berkley and Admiral had taken a page from the post-TEFRA JNC succession planning strategy handbook. It smelled like our notion "Bottom Freezing." Perhaps Peter Beren had told them about this too. 134 These partnerships included Club Carmel, Hacienda Moltacqua, Encanto II Planning (Class B limited partners only; Class A limited partners received distributions to fund interest payments under their subscription promissory notes), Linda View, Copper Crest, Westcourt Corners (which involved four bonded subsidiary limited partnerships), and Pavilion II (which involved four bonded subsidiary limited partnerships).

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bond's life.135 The effort to force JNC to move away from Admiral's unlawful transaction of substantive mortgage guaranty insurance toward its desired objective, creating the appearance of substantive equity investment in real estate limited partnerships, proved futile.

Admiral's Futile Attempt to Limit JNC Partner Participation Pursuant to Alexy's instructions, in each case of the 38 original or amended Admiral bonds financed between October 1985 and June 1987, Exhibits A, B, and C were respectively attached to the several Partnership Indemnity Agreements. Notwithstanding Kinney's continuing admonishment concerning the listed limited partners, Admiral never required such limited partners be replaced prior to or after effecting a loan closing. In every instance, Alexy opined Admiral's authority to issue its financial guaranties on behalf of the JNC partnerships I controlled. 136 At the end of the day the formidable Exhibits A, B, and C were all bark and no bite.

Admiral's Request for End-of-1985 Sales of Shell Admiral Bonds In December 1985 and at a time when I was visiting Admiral's offices in Cherry Hill, New Jersey, Kinney advised me Admiral requested I form two shell partnerships to which Admiral bonds would be issued upon my payment of the bond premium in 1985. Kinney advised my agreement to such transactions would help Admiral meet its premium objectives for

135

Admiral always facilitated refinancing early bond principal payments to forestall limited partner defaults. For example, on the refinancing the of the Saguaro Ranch Admiral bond in December 1986, Admiral required a reduction in the Saguaro Ranch Admiral bond and issued two new original Admiral bonds to two subsidiary partnerships to both make up for the reduction in the Saguaro Ranch Admiral bond and to infuse new interest reserves and other capital into the Saguaro Ranch project. The fact that JNC limited partners never reduced principal from their own funds is probably symptomatic of me sticking to the original bargain I believe I struck with Admiral through Kinney. This was probably a discernible behavioral quality that shaped Berkley's litigation strategy following my June 1987 face-to-face meeting with Bill Berkley. 136

It should be noted James A. Alexy was a sole practitioner and not a member of a large prestigious law

firm.

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1985 and would ensure the bonds would be covered under Admiral's 1985 quota share and excess of loss reinsurance treaties combined $6 million limit.137 I would be the only limited partner, signing one subscription promissory note to enable Admiral to issue its bond. There would be no third-party lender at this time. The shell partnerships would be third-party syndicated in early 1986. Kinney theorized this would provide JNC syndication opportunities while Admiral was formulating its 1986 quota share treaty. Beren and Alexy opined the legitimacy of the transaction. Indeed, the shell partnerships were substantively syndicated in the first quarter of 1986. The Admiral bonds issued in December 1985 were then amended to reflect the third-party limited partners' subscriptions; also, the funding lender was added to the bond.

Admiral's Request for End-of-1986 Sales of Shell Admiral Bonds In December 1986 and at a time when I was visiting Ted Kinney in Cherry Hill, New Jersey, Ted asked me to purchase 1986 Admiral bonds in advance just like I did at the end of 1985.138 Already having experience in this process, I quickly agreed. It was not known to Ted Kinney, the Admiral executives, or the Berkley executives whether I knew about Berkley's insurance industry financial bail-out plan during the period when Admiral issued financial guaranty bonds on behalf of the JNC partnerships. Kinney, Admiral, and Berkley could not have learnt any information in this regard from Peter Beren in

137

I was the sole limited partner in the Linda View and Copper Crest I Limited Partnerships when the Admiral bond was originally issued in December 1985. Later, both partnerships and bonds were amended as my limited partnership interests were replaced by JNC subscribing limited partners. All attorneys opined to the legality of the transactions. 138 To this end, I caused the partnership agreement for Desert Bloom Limited Partnership (which would become a credit partnership to Hacienda Moltacqua Limited Partnership in the Tack Room project), and Thorny Vista and Vilanelle Limited Partnerships (which would become subsidiary partnerships to the Parcel B-2 Limited Partnership in the Linda Vista Thornydale project) to be prepared.

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consideration for the transparent unlawful benefits conveyed to him; I didn't even know who Berkley was until April or May 1987. My focus in the Admiral bond program had always been on the reinsurers. It was the reinsurers that made the Admiral financial guaranty creditworthy. However and in hind sight, I suspect I was asked whether I would pre-purchase Admiral bonds in December 1985 and 1986 to help Admiral's earnings reports when it had not substantively earned the premium revenue as a means of testing whether or not I supported Berkley's insurance industry financial crisis bail-out plan. After all, Kinney, Admiral, and Berkley knew I had a Ph.D. in accounting and that I had written my dissertation on whether security prices were influenced by the release of the annual report to shareholders or the 10-K. They could have only concluded that if I knew then it appeared I was supporting Berkley's transparent financial crisis bail-out plan.

New JNC Projects Although there were foreseeable problems on the horizon at the end of 1985 with the Admiral bond's excess of loss reinsurance treaty, I directed further expansion of the JNC Business Plan through the acquisition of new projects. I have always been optimistic. As I reflect on it today, I probably had a Donald Trump attitude. I knew I was probably Admiral's largest financial guaranty bond client; the JNC exposure to Admiral was always greater than its net worth. I may have intuitively translated that into a foreseeable reorganization requirement should the need arise. After all, there is strength in numbers. Who would think it economically rational to expose oneself to losses greater than one's net worth?

Moreover, my passive

resistance, if not outright recalcitrance, in the face of Admiral's unilateral change of the JNC Business Plan following the reinsurers summer 1985 audit probably instilled some defiance; a

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declaration we needed to restore the JNC Business Plan handshake. This defiant attitude would arise again. The expansion of JNC projects concluded in nineteen major real estate development projects by the time the JNC system was placed in Chapter 11 reorganization bankruptcy in September 1987. System-wide book values approximated $200 million in assets, $65 million in Admiral insured indebtedness; and $65 million in first tier indebtedness, before taking into account the consequences of Admiral's unlawful transaction of insurance.139 The new projects were varied and reflected our intention to contribute to the welfare of Tucson's continuing development.

Westcourt Corners This project became an adjunct to our 102 acre Ina Thornydale acquisition. It involved a five acre parcel located on the northwest corner of the 102 acre site, having frontage along West Ina Road.

We incorporated this site into overall Pavilion development plans; ensuring

continuation of the project's theme. We also designed it to be all automobile repairs related; but, we never built out our development plans prior to the September 1987 JNC Chapter 11 filings. However, subsequent ownership followed through our development plans and the project 139

As discussed herein, the consequences of Admiral's unlawful transaction of insurance meant Admiral would be required to pay its obligations under its bonds but would not be able to redress indemnification or secured interest remedies, in equity or at law. This was the significance of the Court's holdings in Northern v. Elledge, 72 Ariz. 166 (1951) and Commercial Standard Ins. Co. v. Cleveland, 86 Ariz. 288 (1959). That translated into a $65 million windfall. The JNC system-wide book values would still approximate $200 million, but there would only be the first tier indebtedness of $65 million; leaving an equity of approximately $135 million. The question Admiral craftily presented at the outset of the JNC litigation was, "Who would enjoy the windfall?" The corrupt local powers that be had that answer figured out. That's why I am the most criminally charged person in Arizona history. Admiral's litigation strategy would become clear: give the Tucson powers that be the windfall in exchange for (i) adjudging that it was involved in issuing financial guaranties in transactions substantively involving the syndication of equity investments in real estate limited partnerships, and (ii) fashioning Randall as the one who defrauded the limited partners and Admiral. Thereupon, Admiral would cast its fortunes to the foreseeable arbitration proceeding between it and its reinsurers. Ultimately, the arbitration outcome would be that the reinsurers would be required to pay only 10% of their exposure under the reinsurance treaty; Admiral paying its share plus 90% of the reinsurers share.

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remains automobile repairs related today, though the site looks independent of the 102 acre development. The JNC formed Westcourt Corners Limited Partnership initially acquired the site. It was organized such that the limited partners were intended to fund their subscription promissory note interest payments from their own funds without distribution assistance from the partnership. This complied with Admiral's 1985 unilateral change of the JNC Business Plan.

The

subscription principal payments were scheduled for later years to enable feasibility to fund same from partnership operations; relying only on limited partner principal payments in the event the partnership failed this objective. Moreover, four subsidiary partnerships were organized to enable Admiral to issue four bonds under its 1986 quota share treaty; a financing infrastructure concept developed by Admiral.

The Tack Room Project The Tack Room was a popular restaurant in Tucson for many years. It had garnered the coveted Mobil Five-Star rating and was the only restaurant to have done so in Tucson at the time. The Tack Room was owned by Fan Kane, the family matriarch, Alma Vactor, Fan's daughter, and Drew Vactor, Alma's son. Drew's father, David Vactor, was the instrumental catalyst in the development of the Tack Room; however, he had passed away prior to our involvement. The restaurant's quarters were an old ranch house; rustic in design and modernized in chic comfort. I remember whenever I arrived at the Tack Room for supper the atmosphere was always special. The restaurant was situated on 32 acres. The property did actually include a tack room; along with eight 1950s motel style rooms. The family never modernized the rooms. I learned about the lack of modernization because I put Chuck Kairys up there one time during one of his

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trips to visit JNC in Tucson. Chuck and I mutually concluded it was not a great place to stay. However, we agreed the restaurant was stellar. Tim negotiated we would acquire the 32 acre Tack Room property, save the property the restaurant was situated on and the restaurant business itself. The purchase price was in the neighborhood of $250,000 an acre; some thought it too expensive. I had visions of Tucson's version of the Hotel Bel Aire. At the time, the Loew's Ventana Canyon Resort Hotel and the Westin La Paloma had just been built. There were reasonable grounds Tucson was on its way to becoming a destination resort venue. We intended to develop a 150 all-suites boutique hotel around the restaurant; and an upscale boutique shopping village fronting Sabino Canyon Road just north of Tanque Verde Road. The hotel would be posh; intended to garner a matching five star rating. During the acquisition process we learned from Drew Vactor that the property had actually been the home to Tucson's first horse race track in the 1940s: the Moltacqua Race Track. We intended to continue the rustic theme in the hotel design; made upscale through all the right appointments. We developed a model stand Drew allowed in the restaurant's lobby.

It was our

marketing pitch for the upcoming development. Tim also negotiated JNC was entitled to four free meals a month at the restaurant. I actually came to be tired of eating there, if you can imagine. I turned to entertaining at home. We initially syndicated this project in the Hacienda Moltacqua Limited Partnership where the limited partners funded interest payments on their limited partnership subscription promissory notes from their own funds. Principal was amortized such that early principal payments were small and later principal payments were large.

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Following Admiral's unilateral changes in the JNC Business Plan we subsequently created the notion of a "credit partnership." The purpose of this type of partnership was to loan funds to an existing partnership, often to fund subscription promissory note interest or principal payment distributions to the borrowing partnership's limited partners.

Since the credit

partnership's use of proceeds was fully disclosed in its offering memoranda submitted to Admiral with its bond application, it can only be concluded Admiral knowingly and willfully continued its financial guaranties that amounted to the unlawful transaction of substantive mortgage guaranty insurance.140 It is fair to say that the credit partnerships reflected my continuing recalcitrant response to Admiral's unilateral change of the JNC Business Plan.

The Vail Road I-10 Project Keith Dolgaard was the loan broker who represented us to MH Investment Counsel, the union pension fund manager. After Keith had successfully placed our Sierra Sunrise acquisition and development loan and the construction and permanent loans for the JNC office building that occupied the western acre of the Sierra Sunrise property, he brought a deal to our attention. The deal involved two properties not too far apart and located in Vail, Arizona. Vail is east of Tucson by about 20 miles. One property involved a 55,000 square foot office building facility situated on approximately 30 acres along I-10 near the Sonoita exit. It had once been a Motorola training facility and was used by the then owner, Mountain States Mineral Enterprises, Inc.

Our development plans investigated rehabilitating the existing structure and further

developing the balance of the site.

140 It is important to note, once again, I did not cognitively process the factors that characterize Admiral's unlawful transaction of substantive mortgage guaranty insurance until the courts orchestrated my emotional catharsis in summer 1995 while I was incarcerated at the Douglas prison facility. My recalcitrance was my stubborn objection to Admiral's abandonment of our hand shake agreement on the JNC Business Plan.

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Mountain States also owned another parcel north of the office property. The second parcel involved an 80,000 square foot warehouse situated along the Southern Pacific railroad track and included a rail spur to the warehouse from the main track. The warehouse was a clearspan facility, enabling interior crane operations. The warehouse was situated on a total of 200 acres of land on the northern edge of the Vail community. At the time of the JNC bankruptcies, we had been considering uses of the warehouse to include the manufacture of modular housing and uses for the 200 acres to include a landscape farm and greenhouse facility to incubate material for JNC and third-party projects. Dolgaard reported to us that Mountain States needed to sell the property on financial hardship grounds. Dolgaard also reported we would be able to acquire the property with 100% financing from the union pension funds managed by MH Investment Counsel and investment manager, William E. Miller.141 The acquisition met the JNC acquisition determinant: price, price, and price. We syndicated the two parcels separately.

The office building site was owned by

Ironwood Manufacturing Limited Partnership, while the warehouse site was owned by Vail Commerce Center Limited Partnership. Admiral bonded both subscription note financings. The transactions were structured with no payments for a two year period.

141

Although not known to me at the time or since, I suspected Keith Dolgaard may have earned fees, possibly including real estate brokerage fees, from Mountain States Mineral Enterprises in the JNC acquisition of the property that Dolgaard did not disclose to JNC. However, I am not suggesting he owed JNC any duty for such disclosure. Later, I would participate in providing consulting services to an attorney who represented Dolgaard in civil litigation with the pension funds. The pension funds were creditors in the JNC bankruptcy estates; but, as far as I know, they never suffered any economic loss in any JNC bankruptcy case inasmuch as their loans were always wellsecured. However, Dolgaard and Miller were subsequently convicted in a federal pension fund bribery case for payments Dolgaard made to Miller. See, United States v. Dolgaard, et al., 57 F.3d 1078 (9th Cir. 1995).

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Arbor Pointe The Arbor Pointe project is located on the northwest corner of Mountain and Roger near the University of Arizona experimental farm facility located at Campbell and Roger in the northcentral area of Tucson. The property was owned by a limited partnership where the limited partners were all subscribed by Jerry Shull; another Tucson developer. This project never involved an Admiral bond as Shull's limited partners provided the funding. JNC took on the project as a condominium development. The project was designed by Richardson, Nagy, Martin of Newport Beach. What I liked about the design was the two bedroom condominium situated atop the garages; it made efficient use of land area and provided extra units throughout the project.

The Ventana Canyon Project The entrance to the Ventana Canyon development is at the corner of Kolb and Sunrise in northeast Tucson. Specifically, the Ventana Canyon project is situated along the east side of North Kolb and on the northern side of East Sunrise Road. The development includes the Loew's Ventana Canyon Resort Hotel, a country club, and two golf courses. JNC acquired the twenty acre parcel situated along the southern edge of East Sunrise Road that straddled both sides of North Kolb Road. The parcel actually was trifurcated by roads. We had undertaken the project design and had begun negotiations with the Bashas food store chain to anchor the largest site; the southwest corner of Kolb and Sunrise. The project's plans were followed through by the new owner after the JNC bankruptcy and Bashas is still the anchor tenant today. Overall, the project as we envisioned it developed successfully.

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The site was acquired by the Linda View Limited Partnership and involved an Admiral bond issued to a shell partnership in 1985 and amended by substantive syndication in 1986. The 1986 lender was U.S. West Capital Corporation.

The Quail Chase Project Most cities have what planners refer to as "in-fill" projects. While most of JNC's projects were located on Tucson's perimeter growth path, the Quail Chase project was uniquely a JNC infill project. It comprised a 13 acre residential site situated on the south side of Ft. Lowell Road between North Alvernon Way and North Columbus Boulevard. We designed it for townhouse development. There was an existing residence on the property we intended to transform into the recreation center for the project. The Quail Chase Limited Partnership was organized to acquire and develop the site. Admiral issued its bond for this project at the end of 1985.

The Linda Vista Thornydale Project Parcel B-2 Limited Partnership was organized to acquire this 20 acre site. The site was located north of the Ina Thornydale project near the intersection of Linda Vista and Thornydale. At the time we acquired this project, this area of Tucson was legislated for substantial growth; satisfying the acquisition criterion location, location, location. A new high school was under construction at the corner of Linda Vista and Thornydale: Mountain View High School. The project was designed by JNC as a residential development project. The Parcel B-2 Limited Partnership was formed with two subsidiary partnerships: the Thorny Vista and Vilanelle Limited Partnerships. The subsidiary partnerships were organized under Admiral's creative subsidiary partnership arrangement due to the loss of its excess of loss

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reinsurance treaty. They were also formed as shell partnerships at the end of 1986 to enable Admiral to earn bond premium in 1986; though they were not substantively syndicated until January 1987.

9800 North Oracle This property was originally owned by JNC limited partners Antonio and Diane Cimetta. The office structure situated on the property was used by Tony as the principal office for his mining engineering business. The site is immediately south of the El Conquistador Resort Hotel and golf course, and is situated on North Oracle Road.

The site was zoned for office

development and satisfied the JNC acquisition criterion location, location, location. The Cimettas agreed to loan JNC $1 million for working capital purposes, using the free and clear 9800 North Oracle Road property as collateral. Moreover, the syndication of the property would result in a distribution to the Cimettas.142 A third-party first lien for the $1 million was placed on the property concomitant with the Admiral insured loan closing; Admiral acquired a second lien on the property.

Rillito Park Tim negotiated with Don Gabriel and Ed Moore for JNC to acquire the leases to the Rillito Race Track from their investment group. The landlord is Pima County. The race track is located on North First Avenue near East River Road. The leases would permit us to develop the

142 I recall having one meeting with Tony following the JNC system Chapter 11 reorganization bankruptcy filings. However, the Cimettas joined one of the two JNC limited partner litigation groups, which ended the feasibility of further discussions. The JNC limited partner litigation groups, influenced by Admiral's corrupt objectives, adopted the concert line, "Randall told us we really didn't have to pay our notes." That would become the theory of criminality that sent me to prison for ten years.

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property while maintaining horse race activities. Quarter horse racing remains popular among Arizona's race track operators. Our development plans included modernizing the race track facility to include off-track pari-mutuel betting, and developing commercial and office sites on the property. The property is also used as an entertainment event venue. All total, our development plans involved an $8 million budget. Prior to the JNC system reorganization bankruptcy filings in September 1987, I was unable to interest Kinney in Admiral's support for this project. After the bankruptcy petitions were filed and I undertook my research into the W. R. Berkley Corporation at the University of Arizona library, I learnt one of Berkley's subsidiaries was involved in race track operations management.

Although Kinney never advised me about Berkley's race track management

activities, I suspect it had underscored Admiral's lack of interest in this project.

The Working Capital Admiral Bonds In July 1986, I negotiated with Kinney that Admiral would issue bonds on behalf of three limited partnerships in the aggregate amount of $2.25 million. JNC would be the only limited partner in each partnership. The disclosed purpose of the Admiral guarantied financing was to provide sorely needed working capital to JNC itself for operating purposes.143 Kinney agreed, advising he didn't care if U. S. West didn't care. Jim Connors didn't see a problem with the transaction either.

143 Selfishly, I had wanted a "commission" for putting together this deal; an agreement from Tim and Renee that I could by a $13,000 Steinway baby grand piano for Renee and my new home in Finisterra. I wanted to continue my second grade piano lessons. I never did play the piano. More accomplished pianists who visited the home, however, did play it.

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The three partnerships were formed, Admiral issued its bonds, and U.S. West Capital Corporation provided the funding. Later, Kinney demanded I transform the partnerships. I complied by transforming them to act as credit partnerships to principal partnerships owing JNC substantial sums.

The Finisterra Residence In 1985 Renee and I purchased a one acre residential lot in a new Catalina foothills gated community, Finisterra. It was situated near the Coronado National Forest boundary and was endowed with numerous mature saguaro cacti. Prior to purchasing this site, our family resided in one of the townhomes Renee and I purchased in the Pasatiempo project JNC constructed near Stone and Pastime roads. The move was definitely upscale. My eventual brother-in-law, Jeff McReynolds, was employed by JNC as a general contractor in our development company. My Finisterra residence was one of the projects Jeff constructed. The home was 5400 square feet and included a bedroom for each of our six children, too. The home and lot were 100% financed for $500,000 by Chase Mortgage in a construction/permanent loan.144 Today, I currently live with my mother and step-father, Bob and Lois Tracy, in their Finisterra townhome. The townhome is located about half a block from my former Finisterra residence. I have no emotional strings to having once had such a beautiful residence and then having lost it to the corruption in my cases. I came to recognize money doesn't own me. I

144 The residence was part of my personal Chapter 11 bankruptcy estate. However, when the bankruptcy trustee, Fred Boice, sold the home I never received the $100,000 attributed to the homestead exemption under Arizona and bankruptcy law. My theory is that my adversaries, including Boice, didn't want me to have a litigation war chest.

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neither have "zero fright," which I define as intimidation resulting from the responsibility of managing large sums of money, nor am I defined by the material things I own. Thus, when I moved out of the Finisterra residence after the JNC system Chapter 11 reorganization bankruptcy filing, I left all the rich trappings behind; the dishes, the towels, the TVs, the VCRs, the whole kit-and-caboodle. If it wasn't mine, I didn't want it. Even my family was astonished I abandoned all these possessions. Don't get me wrong, I'm not trying to make myself out to be some sort of saint; it's just the principal of the matter; another one of those traits.

The JNC Office Building We moved into the new JNC office building at 5780 North Swan Road, just north of Sunrise Road, in fall 1985. It was 15,000 square feet, plus. When I realized we were going to occupy the entire building I thought, "Surely, we will have extra square footage for some time." I was wrong. During its height, JNC grew to employ approximately 120 people on an annual JNC corporate operating budget of $7.2 million. We had a development division, a marketing division, an accounting department, an information systems department, a legal department, a financial planning department, a real estate department, a securities division, and a capital division. The building was designed by Richardson, Nagy, Martin. The interiors were designed by Rochelle Rubin.145 The building was a two-story, "garden" office building. We didn't have a garden, per se, but we did have a wash. The wash ran along the north side of the property, and defined the northern property boundary. I'm a big fan of wildflowers. Probably because I watched how the soil is impregnated with slurry containing the multi-colored wildflower seeds. I directed the impregnation of the 145

Rochelle remains among my favorite designers today.

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JNC office building wash bank, as well as the property outside the residence wall at Finisterra. You wouldn't believe how beautiful the concert of blooming wildflowers is; and, it is not an expensive form of landscape. The JNC lunch room also included out of doors picnic areas along the wash. The first thing a visitor to the JNC offices would notice is that the building material is brick; whether they would realize it was brick veneer or not only surfaced when we told the interested visitor. The railings were 8" cylinders. Everything was bold, though smelling of "old wealth" arrogance; my favorite Richardson, Nagy, Martin aroma. The double door entrance to the office building included custom made brass doors made in California. The office building doors had a checked pattern. The same outfit manufactured the Finisterra residence starburst pattern double door entrance. I remembered being impressed with a chapel in Santa Fe, New Mexico, where its winding staircase had no central support beam. We found a winding staircase manufacturer in Oklahoma who was able to develop a brass stairway that had one 180° turn with no central vertical support beam; a suspended stairway. The stairway was the centerpiece of the two story entry way into the office building. The stairway was also situated near the northern wall of the building; however, in this area, the wall was all glass. So, as you would walk up the stairway, the Catalina mountains filled the artist's canvas. We had an IBM VAC-11 mini-computer system; allegedly state of the art in the mid1980s. All computer terminals were tied into the system. We also had a state of the art Rolf telephone system; characteristically, I never fully mastered either.

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The "Board Room" was available for meetings of 12 people or less. The conference table was round, made of marble, and was approximately 8' in diameter. I had wanted it seamless; however, the only way it could be brought in was in two pieces. One of my favorite features of the JNC office building was its theatre. Remember, my first introduction to big business was the McDonald's franchise system.

The McDonald's

conventions I attended were replete in multi-projector slide show presentations. As a result, I knew JNC was destined to have its own. It made sense; in large part we were all about merchandising the JNC phenomenon.

What better way to tell the story than through a

McDonald's-like nine-projector slide show: Biff, Bam, Wham -- action. If you're going to have a nine-projector slide show, you have to have a facility to show it in. Ergo, we developed a theatre in the JNC office building. The theatre was endowed with tiered seating, just like in a theatre. We had 45 theatre style seats with a retractable desk arm in each seat. The theatre's black-out curtains were operated by the flick of a switch; as was the 18' diagonal screen that dropped down from the ceiling. We had a television antenna placed on the roof and the television projector was ceiling mounted. The nine-projector slide show equipment was housed in an operations booth at the rear of the theatre. My sister, Cyndee, JNC's property manager, also ran the slide show. The theatre front wall included enclosed grease boards for lectures; remnants of our university professor heritage. We also used the theatre for hosting new project presentations, employee meetings, and informal get-togethers.

Whenever we scheduled a new limited partnership offering, the

marketing department would put together the "dog and pony" show for the benefit of potential

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limited partners.146 Also, we held an employee meeting every month. The purpose of the meeting was to have employee-wide discussion on each department's contribution to each development project. Needless to say, these meetings could last two-three hours. Finally, we sponsored informal opportunities to visit the JNC theatre. The marketing department would bring in a popcorn machine and suppliers, limited partners, JNC employees, and others were invited to attend an event.

Usually, the event centered on University of Arizona sports.

Whenever the teams played away and the game was televised, we had it on in the JNC theatre. Most of our limited partners were big Arizona fans, as were we.147 The JNC office building was unveiled to the public through the JNC open house Christmas party held on December 5, 1985. Several hundred people attended. It was probably the pinnacle of public celebration for JNC accomplishment.

Notable luminaries such as

University of Arizona football coach Larry Smith and his wife Cheryl; and basketball coach Lute Olson and his wife Bobbi (limited partners in the office building development) attended. More notably, however, it was the first time I met my future in-laws, Dr. James E. and Joann M. Sumwalt. Their daughter, Stacia, had come to JNC as a securities salesperson from selling country club memberships at the Ventana Canyon project. Of all the JNC projects lost to the corruption orchestrated in the JNC system bankruptcies; this is the one that pisses me off the most. Today, I would put the Perfect and

146

Today, I tend to be careful in referring to the JNC limited partners as "investors"; owing to the distinction between Admiral's unlawful transaction of substantive mortgage guarantee insurance and the syndication of substantive equity investment in real estate limited partnerships. 147 A significant percentage of the JNC 400+ limited partners were Phoenicians. Eventually, Ventana Financial Corporation had a Phoenix office, as well as one in Atlanta, Georgia (Steve Moddelmog's Avon executive dad operated that office following his Avon retirement). We put aside the UA-ASU rivalry when it came to business; and, we put aside business when it came to the UA-ASU rivalry.

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Beautiful Woman logo on the building and use it as the headquarters for my scripture deciphered social choice theory research phenomenon.148

Randall's End-of-1985 Funding Mandate to JNC Toward the end of 1985, when I resolved the loan brokerage fee arrangement for Kinney through Donna Anderson and I "agreed" to Admiral's unilateral changes to the JNC Business Plan, I foresaw many opportunities for funding JNC development activities before the year end and the expiration of the Admiral excess of loss reinsurance treaty. I had targeted approximately $20 million in loan closings for year end. I was on my way out of town for other loan closings in November 1985 when I made a video in the JNC theatre to announce the year-end push.149 I made it clear in my televised speech we would not fail in meeting our objectives. Every JNC employee lived and breathed this objective. It was clear Randall would accept nothing short of complete success. It was among the important lessons learnt in managing 120 people. Drive, drive, drive. It is possible to create such focus among a large employee base and accept nothing less than total victory; another one of those formative traits. The JNC Investor Relations Manager, Joan Carvhalo, even spent Christmas day in the office ensuring all subscription documents were ready for the several loan closings. As usual, we hand carried all our loan closing documents on the plane. I never risked loan closing documents to the adventure of lost airline luggage; the policy was cast in stone.

148

Be patient you will read Part III - Beauty and the Beast, soon and, thereupon, understand the scripture writers' Perfect and Beautiful Woman. 149 My sister Cyndee recorded the video. As I sat there waiting for her technical adjustments in the recording booth I seized the opportunity to use the microphone to sing my Elvis imitation of Love Me Tender. Unbeknownst to me, Cyndee recorded my singing debut. It was later played at the 1985 JNC employee Christmas party held at the Loew's Ventana Canyon Resort on December 18, my birthday. Happy Birthday!

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As it turns out, we spent the week between Christmas and New Years camped out in New York City closing $20 million in Admiral guarantied loan fundings. The loans were derived from new lenders: Kredeitbank and U.S. West Capital Corporation. I soon learnt that most financing transactions occur during this week each year as lenders pursue the year's objectives through last minute transaction closings. We probably closed six or seven loans in two different law offices during this week. Although smaller in numbers compared to the traditional New York financing levels, we contributed to the year-end phenomenon. Unlike my earlier experiences in Admiral guarantied loan closings, all net proceeds were wire transferred to United Bank. I suppose we made a sensation back home. After all, Tucson is not New York. Renee and I traveled with our small children, Geoff and Laura, and my oldest daughter, Jennifer. Our Vietnamese nanny, Cohan, also traveled with us. Peter Beren and his wife, Nessa, also made the trip. My finance assistant, Karen Sakurai, and her soon-to-be husband, Jim Vas, also made the trip. We worked hard during the day and, of course, at night we enjoyed the New York scene. I am the worst at attending Broadway plays; particularly after working all day. I am notorious for falling asleep in the theatre warmth and the relaxing moments. During this New York trip, we saw Cats. As customary, I fell asleep only to awake at the right time to listen to the singing of the hit song Memories. If you ever have the occasion to be in Times Square during the New Year's Eve celebration, I would counsel against it. During this trip we thought it would be fun. Someone got stabbed like three people away from us. Fun.

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Randall's End-of-1986 Funding Mandate to JNC Even with the limitation of Admiral only having a quota share treaty with a $1 million cap, we again had an approximate $20 million loan closing target at the end of 1986. Again, I challenged the JNC employees and threw down the gauntlet. Nothing less than total success; we had done it before and we would do it again. Bear in mind, this funding came one $50,000 $100,000 subscription promissory note at a time. Again we met total success; and, again we camped out in New York for the week between Christmas and New Year's. The difference during this trip is that we did not bother going to Times Square for New Year's Eve. One stabbing was enough.

New Lenders As in the case of all Admiral guarantied fundings, Ted Kinney was instrumental in directing us to new credit sources for funding insured note financings. At the end of 1985, he introduced us to Kredeitbank and U.S. West Capital Corporation. In the period 1986 through May 1987, we also used other lenders, although I cannot remember all names at the moment.

Kredeitbank While we dealt with Kredeitbank's New York office; the Belgian bank is headquartered in Brussels. Initially, Kredeitbank's New York office provided a $10 million credit line for the Admiral guarantied financings; later, the Brussels office added another $7.5 million. The fascinating experience in dealing with Kredeitbank was the rate of interest. At the time, most of our loan rates were 10% or greater. Kredeitbank provided us credit at 0.5% over LIBOR, the London Interbank Offer Rate. As a result, the interest rate floated. I tended to watch the rate to observe just how good a deal it was. Usually, the LIBOR rate was below the

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U.S. prime rate to the extent 0.5% over LIBOR was about equal to the U.S. prime rate. Kredeitbank turned out to be an incredible source of financing and, later, would influence my decision to pursue other European financing opportunities. We exhausted our initial $10 million Kredeitbank credit line in the 1985 year-end closings. To celebrate our new relationship I invited the head of Kredeitbank, New York, Luc Philips, and his wife to dinner at Lutéce, one of New York's finest French restaurants. Luc asked if his assistant, Lenny, could join us as Lenny actually worked hard on our loans. Of course, I invited Lenny and his wife. There were about ten of us for supper that evening. The wine was 1964 Château Pétrus Pomerol when the vintage was only $250 per bottle.

The bill, including

tip, amounted to about $3,500. You would celebrate a $10 million credit line at 0.5% over LIBOR in a similar fashion; I am quite sure.

U.S. West Capital Corporation Toward the end of 1985, Ted Kinney introduced me to the firm that would become our largest Admiral guarantied lender: U. S. West Capital Corporation. The executive in charge of this U. S. West subsidiary was a fellow named Jim Connors. It was Jim who explained to me companies like U. S. West find executives like him: experienced financing executives, even if only a few years from retirement. The executive chooses the location of his principal office; Jim chose San Rafael in Marin County, California. Jim and I shared somewhat of a common background inasmuch as we were both familiar with financing McDonald's restaurant equipment packages. McDonald's had made it relatively easy for its operators to obtain 100% financing for their equipment packages by managing operator defaults. Although there was no guarantee from McDonald's in form, the substantive practice was that no McDonald's equipment package financing would default. Recognize, then, - 179 -

there is direct and indirect financial guaranty in the world of financing. Another one of those formative traits. It seemed like U. S. West Capital Corporation loved JNC and its projects from the inception. I never heard the word, "No," come from Jim Connors. Of course, my usual practice was to define the feasibility set so that I never proffered a transaction that would garner that entitlement; a formative trait derived from my Ray Raimondi education. Jim Connors and U. S. West jumped into the first $10 million of Admiral guarantied financings for JNC at the end of 1985. Jim's attorneys had offices in Rockefeller Plaza; so I always stayed at the Helmsley Palace. The lead attorney was a woman; the only woman attorney I dealt with in all the Admiral guarantied financings. During the 1985 U. S. West closings, I also had an opportunity to meet with Jim at the U. S. West New York offices on Park Avenue. It brought home the notion that I was actually dealing with a formal large corporation; the San Rafael offices bringing a more leisurely image to the financing activities. Following the year-end 1985 U. S. West loan closings, I asked Jim if we could meet to discuss JNC financings for 1986. He agreed and asked me to meet him in San Francisco. In January 1986 Jim and I met for supper at the Beefeater's restaurant in San Francisco. Jim took the opportunity to congratulate me on the financing closings just completed and lavished much praise for JNC and its operating practices. My confidence grew. I explained to Jim the history of my dealings with Admiral guarantied note lenders and learning about lending limits at the end of the day. I then shared with Jim my vision for JNC project financings for 1986 and asked if he would be willing to commit U. S. West to a credit line of $30 million for our 1986 Admiral guarantied financings. He immediately said, "Yes." He meant it; during 1986, U. S. West would

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follow through with Jim's verbal $30 million financing commitment for JNC fundings. Neither a penny over, nor a penny under. The Ray Kroc hand shake style of business was alive and well after all. The Jim Connors verbal approval echoed in Ted Kinney's supper approvals. It gave me pause for thought; I immediately reflected on the formality of finance negotiations for much lesser amounts. I recalled my first commercial loan for $4,000 with Joyce Parrish and United Bank a decade earlier.

The formality of achieving that approval compared to achieving

approvals from U. S. West and Admiral were night and day. "It must be true," I thought, "those legendary stories of doing business on the golf course and over dinner." Understand, I was just a small town kid from Tucson, Arizona. There are a couple other things I should share about my relationship with Jim Connors and U. S. West. It puts my perception of Jim as a class financing executive in proper focus. It will become clear that in the Admiral - U. S. West - JNC financing triune, Jim held JNC and me in much higher regard for prospective economic well-being.

I don't recall having a more

supportive cheerleader for our success than Jim Connors. Let me emphasize again that I did not cognitively process that Admiral had engaged in the unlawful transaction of substantive mortgage guaranty insurance and not financial guaranties of substantive equity investment in real estate limited partnerships until the courts (probably the Rehnquist Court through the intermediary of other courts) orchestrated my emotional catharsis in summer 1995 while incarcerated in Douglas, Arizona. I also did not cognitively process that Berkley and Admiral had corruptly influenced my own attorney's conduct during these periods when Admiral was issuing financial guaranty bonds for JNC project financings. With such

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matters in mind, I will explain a transparent Jim Connors - U. S. West informal information signal. One of the early 1985 JNC projects acquired through an Admiral insured financing prior to the hiatus was the Sunbelt Commerce Center project. It was the 30 acre light industrial project located at Country Club and Irvington in south-central Tucson, right off the Palo Verde Road I10 exit. Following discussions I had with Jim Connors in August 1986, U. S. West agreed to fund $2.7 million in the Sunbelt Commerce Center project. Let me explain the structure of the financing and the informal information signal will become transparent. The term "naked note" financing, as explained earlier, means that a lender finances limited partnership subscription promissory notes without the benefit of a credit enhancement, such as a surety's financial guaranty. In the August 1986 U. S. West financing, Jim Connors agreed to finance $2.2 million of the $2.7 million as a naked note financing on the basis of two criteria. First, U. S. West would acquire a first trust deed lien position on the Sunbelt Commerce Center property. Second, only accredited investors would be allowed to subscribe to the limited partnership.150 The other $500,000 funding made a part of the $2.7 million provided by U. S. West would involve separate criteria. First, U. S. West would acquire a second deed of trust behind its first deed of trust to guaranty its position. Second, Admiral would provide a financial guaranty of accredited and non-accredited subscriptions in this financing by issuing a naked Admiral bond; naked inasmuch as Admiral would not hold a secured interest in the Sunbelt

150

An accredited investor derives from the securities laws. It refers to an investor deemed to be sufficiently sophisticated in matters of risk and return that disclosures afforded non-accredited investors are not a necessary condition for securities law compliance. The securities laws proffer a few different criteria for defining an accredited investor. The two criteria most relied on by JNC were the net worth and income criteria. Essentially, a net worth of $1 million or greater, at the time, defined an investor accredited. Likewise, an income of $350,000 per year also defined an investor accredited.

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Commerce Center project to protect its interest under the bond. I agreed to all the foregoing; so did Admiral. Admiral's security for the 1985 outstanding Sunbelt Commerce Center bond became a third deed of trust on the property. Jim Connors and U. S. West were conveying an informal information signal they believed Admiral was unlawfully transacting mortgage guaranty insurance in the JNC financing transactions. The accredited investor $2.2 million financing was the unlawful transaction of mortgage guaranty insurance metaphor. The $500,000 naked Admiral bond financing was a metaphor for U. S. West's recognition of the consequences to Admiral for engaging in the unlawful transaction of insurance in Arizona: Admiral would be obligated to pay under the bond while proscribed from redressing remedies in equity or at law under indemnity agreements. The transaction must have given Berkley, Admiral, and Peter Beren serious concern as to what U. S. West might do. Would U. S. West report its perception of Admiral's unlawful transaction of insurance activities to law enforcement authorities? How would that shape the Berkley and Admiral litigation strategies in the foreseeable JNC litigation brought on by the ICMC's Reaganomics money supply pressure objective? Unfortunately, due to my trust in Peter Beren I was absolutely insensitive to the generosity of this informal information signal. It may have become plain and obvious to U. S. West that I was unaware of Admiral's unlawful transaction of insurance in the JNC fundings. It was the usual practice that prior to each financing closing, discussions were had between lender's counsel, Alexy, and Beren as the transaction proceeded to closing. In the course of these discussions, the U. S. West attorney may have discerned it was more likely than not Peter Beren had not been forthright in sharing these insights with me; forming a likelihood estimate by an experienced observer that Beren had been

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bribed in favor of Berkley and Admiral interests. A couple of further U. S. West activities indicate continuing U. S. West support for JNC in the face of these underhanded tactics. In fall 1986, I received a telephone call from a fellow from U.S. West inviting me to fly to Boulder, Colorado on the corporate Learjet to watch the University of Arizona play the University of Colorado in the U. S. West skybox. I asked if this was related to my relationship with Jim Connors. I was advised it was offered to promote U. S. West participation in the Encanto Canyon Continuing Care Residential Center telephone system. I agreed. It was fun; but, the informal information signal flew over my head. In late 1986 and early 1987 I sought to achieve first tier financing for the several JNC projects in Europe. My goal was to achieve Kredeitbank-like favorable financing terms to mitigate the effects Reaganomics brought to bear on real estate development projects. I discuss this more thoroughly in the next chapter. The London broker I was dealing with was a fellow named Peter Clayton.

The loans for the several JNC projects approximated $120 million,

ensuring their development value creation. Of course, I didn't want either Admiral or the JNC lender community to find my due diligence in assessing the reality and viability of the Peter Clayton brokered transactions to be wanting. I enlisted both Ted Kinney and Jim Connors as much as possible to ferret the realities of this financing pursuit. Jim Connors went the distance. In January 1987, he traveled to London and met Peter Clayton to further his assessment. Peter Beren traveled with me. Donna Anderson also traveled to London for the meeting.151 At the time, Stacia and I were dating; she traveled to London with me as well.

151

The most memorable aspect of this London convention is that Peter Clayton negotiated tickets for all of us to attend the recently opened play, Phantom of the Opera. The cast was the original one and included both Michael Crawford and Sarah Brightman. Unlike my traditional habit of falling asleep during a play following a business day, I remained awake the entire time. What a love story. Tears were streaming down my face when Michael Crawford sung The Music of the Night. Rhetorically I asked myself, "Would I ever find a love like that in my life?” Little did I know the question would be answered: you can read about her in Part III - Beauty and the Beast.

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There were other informal information signals. One of the 1986-1987 Admiral credit enhanced note lenders was Security Capital Corporation of Hartford, Connecticut; its financings closed in Washington, D.C. Just whose attention was garnered by these matters? Was it the Justice Department, later to be usurped by the Rehnquist Court? Or did the Rehnquist Court have a developing eye for an opening against the ICMC? While I remained the optimist, ICMC Reaganomics warning signs foretold trouble on the horizon; trouble I would try to mitigate with the favorable financing terms of the European loans.

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Chapter 13 The ICMC, Reaganomics, and JNC I did not come to recognize the interrelated consequences of Reaganomics as an ICMC scheme until long after the JNC bankruptcies disposed of the valuable projects for a song and a dance.

In hind sight, however, there is no doubt.

Reaganomics translated the ICMC's

information economy objective to increase money supply pressures on the capital markets by diverting money supply from real estate investments. The evidence is straightforward. When President Reagan took office the Dow hovered around 950; when he left office it hovered around 3000. I had been excited about Ronald Reagan becoming President of the United States; little did I know in 1980 that fifteen years later I would conclude him to be the worst president in the second half of the 20th century.152 Let me share what a real estate developer had to live through under Reaganomics.

The FHLBB Regulatory Changes The Federal Home Loan Bank Board is the federal agency governing savings and loan operations. While it can be argued that FHLBB regulations apply only to member institutions, the reality is much broader than that. FHLBB regulations may become prudent man standards

152 This footnote use to be my declaration about Ronald Reagan being the worst president of the second half of the twentieth century. On further reflection I have to admit I was wrong. The September 8, 2008 market index change analyses, inter alia, report Chief Justice Rehnquist, on the eve of his death in September 2005, imploring me to forgive Ronald Reagan. In hind sight, I realize the 40 th President of the United States was an ICMC victim. He was shot by the ICMC on March 30, 1981, shortly after taking office. I suspect he was recalcitrant in agreeing to implement the ICMC’s information economy money supply pressures objective. I also suspect Chief Justice Rehnquist thereafter prevailed on the 40th President to cooperate with the ICMC and not lose his life fighting the battle pursuant to a top-heavy assault; instead, being patient while the Court found its opening to assault the ICMC using a “bottoms: up” strategy. During a family visit to Washington, D.C., after the March 30, 1981 assassination attempt, I visited the area of the Hilton Hotel where a gunman was able to get close enough to President Reagan to shoot him. I couldn’t believe how short the distance from the door exiting the hotel to the curb where his limousine had been waiting; and, the Secret Service couldn’t protect him in that short distance.

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for non-member financing activities as well. Regulatory changes wrought by the FHLBB in late 1985 and early 1986 lead me to a conclusion the ICMC dictated its governing actions; part and parcel of the ICMC information economy money supply pressure objective. Let me explain. Specifically, the FHLBB's regulatory changes referenced here focus on appraisal reports for proposed development projects. Essentially, the FHLBB dictated appraisal reports reflect new development projects' valuations discounted for absorption. Absorption refers to the period it takes for a property to proceed from 0% occupancy to, say, 95% occupancy. Complete occupancy in large projects is rarely counseled at a 100% level for underwriting purposes. Prior to these FHLBB regulatory changes, developers traditionally included absorption reserves in use of loan proceeds; and, appraisal reports recognized absorption costs as a reasonable element of total project costs. Moreover, in determining constructed and absorbed project value, appraisal reports included absorption costs as an operating expense while comparing valuations based on capitalized gross rents; usually resulting in an 80% Loan-toValue Ratio, to wit: Pre-FHLBB Regulatory Change New Project Appraised Value Loan-to-Value Ratio Composition Appraisal Equity Absorption Reserves 100% Value 80% Loan Project Construction Costs

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The 1985 and 1986 FHLBB promulgated regulatory changes brought a different approach to appraisal report accounting for absorption reserves and costs for new development projects. Prior to the regulatory changes, new project valuation reports were formulated gross of absorption costs and reserves. The regulatory changes required appraisers to formulate new project reports net of absorption costs and reserves. In several of JNC's large rental projects in developments, these FHLBB regulatory changes resulted in a reduction of the savings and loan institution prudent man standard loan-tovalue ratio from an 80% loan-to-value ratio to approximately a 65% loan-to-value ratio. The consequence was immediate and drastic. JNC projects recently funded in Admiral guarantied financings were instantly undercapitalized. Where we had contemplated a foreseeable 80% loan-to-value ratio, we had to make up the 15% short-fall in capitalization wrought by the loan-to-value ratio reduction to 65%.

Post-FHLBB Regulatory Change New Project Appraised Value Loan-to-Value Ratio Composition Appraisal Equity 35% Equity Absorption Reserves 100% Value

Project Construction Costs

65% Loan

While, at the time, I did not characterize these FHLBB regulatory changes as deriving from the ICMC information economy money supply pressure objective I did realize their economic

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consequences on the JNC projects. The chief consequence was immediate Admiral guarantied mezzanine financing undercapitalization. The lower loan-to-value ratio wrought by the net-ofabsorption appraisal requirement also resulted in a lower expected return inasmuch as the forced reduction in favorable leverage would naturally produce such a result. It could only be mitigated by increasing the expected return from another source. I will share my strategy after I review the consequences of the Tax Reform Act of 1986.

The Tax Reform Act of 1986 In hindsight, the Tax Reform Act of 1986 was the capstone of the ICMC's information economy money supply pressure objective.

The fulfillment of this objective reveals the

diabolical strategy the ICMC fulfilled through Reaganomics. First, under President Reagan's watch the nation's savings and loans were deregulated. Prior to deregulation, savings and loans investment activities were constrained.

These

institutions could only invest in mortgages. It was foreseeable that upon deregulation that enabled savings and loans to broaden their investment activities to include joint ventures with real estate developers that many would follow that path. Their objective would be to increase their earnings and, thereby, increase the market value of their publicly traded stocks. The ICMC probably foresaw the ensuing glut of new development undertaken for this very purpose. Moreover, the ICMC probably promoted the activity by facilitating Wall Street's support of public real estate syndications. Second, Reaganomics facilitated the ensuing glut by creating the illusion of higher expected returns.

In real estate investment depreciation expense tends to increase the

investment's expected return because it is a non-cash expense that increases the tax losses of the investment, thereby increasing the investment's after-tax cash flow. Such increases in after-tax - 189 -

cash flow factor into the investment's expected return, increasing same. So when Reagan's Economic Recovery Tax Act of 1981 changed the depreciation rules for tax purposes to increase the rate of depreciation expense, it had the effect of further exacerbating the expected returns of such investments. Combining the effect of deregulated savings and loans to permit institutional participation in the undertaking of new development projects with increased depreciation expense had the foreseeable effect of substantial increases in real estate development. The ICMC conceded this short-run money supply battle to increased pressures in favor of real estate investment. It was in control of Reaganomics; it knew what the road ahead would bring. Historically, the ICMC has wrestled with the federal government over legislation and regulation in the battle over the allocation of money supply into real estate investment versus capital market debt and equity securities investment. The economic realities of the investments sound in an all too familiar dichotomy: decentralized control over money supply pressures versus centralized control over money supply pressures.

Historically, the executive and

legislative branches of the federal government protected decentralized real estate investment, probably on the grounds and for the reasons it accounted for the economic boom transpiring in the United States following World War II. The ICMC's unholy alliance with the Church probably facilitated its post-war progression from its industrial economy risk management objective to the information economy's money supply pressure objective. I say this inasmuch as the Church, having the benefit of scripture's decipherment key, understood the Greek philosophers’ criteria evidencing the (industrial: information) economy transition. As a result, the Church's counsel was important to the ICMC as the United States led the way into the information economy following World War II. The transition into the information economy commenced with the proliferation of computer

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technology; which catapulted intra-industry economic well-being comparisons by increasing the speed of information processing.

Vatican II, the Church's recognition of the state of the

economy transition took place in the early 1960s. Because income taxes can so drastically affect expected returns, the cornerstone leading to centralized ICMC control over the allocation of scarce capital resources, the ICMC orchestrated the flexibility by which income taxes become law in the United States. The tax laws first became codified in 1939. Following World War II, the 1939 Internal Revenue Code was overhauled by the 1954 Internal Revenue Code. The ICMC's battle with the federal government reached a pinnacle in the Tax Reform Act of 1969. The tax act had a balanced attack against centralized capital market debt and equity securities and decentralized private real estate investment. Eliminating multiple corporate tax brackets and introducing the controlled corporation laws was punitive to centralized capital market expected returns. The depreciation recapture rules were punitive to decentralized real estate expected returns. It appears the ICMC waged a different war on the transgressing Nixon administration. The ICMC wasn't fearful Nixon intended to disclose the Church's scripture decipherment key secrets; that would have brought different consequences.

Rather, it appears the ICMC

orchestrated the facts and circumstances surrounding the Watergate break-in that ultimately led to Nixon's historic resignation.153

History supports this argument.

Following Nixon's

resignation, there was little uncertainty that future presidents would either tow the ICMC line or meet a similar fate as Nixon.

153

Knowing the ICMC orchestrated Watergate scandal is allegedly and probably the single most important factor underscoring President Ford's pardon of Nixon.

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Ronald Reagan fulfilled the ICMC's expectations. In the years between Nixon and Reagan, the ICMC formulated its Reaganomics strategy. Following the deregulation of the savings and loan industry and the loosening of the depreciation rules in ERTA, the ICMC promoted the ensuing real estate development glut. It would be the excuse to garner public support of its information economy objective: legislate money supply pressures away from decentralized real estate investment and toward centralized capital market debt and equity investments. The noose was first tightened with the FHLBB's regulatory changes intended to slow down money supply pressures into decentralized real estate investments.

The ICMC's

information economy objective realized its pinnacle in the Tax Reform Act of 1986. That tax law contained a new provision: 26 U.S.C. §429, the disallowance of passive losses against ordinary income. Prior to this legislation, taxpayers could offset income tax consequences accorded their primary earnings stream with paper losses from tax sheltered real estate investment. Section 429 put an end to that activity by limiting, and practically eliminating, such tax-sheltered offsets. The ICMC's information economy money supply pressure objective was now fully realized. The realization of the ICMC's money supply pressure objective was not mysterious to Berkley and Admiral, who kept a vigilant eye on their JNC commitments. They surely realized the writing was on the wall when, on October 22, 1986, President Reagan signed the Tax Reform Act of 1986 into law. It then became foreseeable that the Berkley and Admiral relationship with JNC was headed into litigation over a very important question: Who would take responsibility for the soon-to-be-realized multi-million dollar JNC project losses legislated at the hands of the ICMC's information economy money supply pressure objective?

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The 1986-1987 Arizona Corporation Commission S-2361-I Investigation In summer 1986 and as the Tax Reform Act of 1986 was working its way through Congress, a local newspaper reporter contacted me and asked if I would give an interview concerning the JNC response to foreseeable tax law changes. "Of course," I said. The article appeared in the Arizona Daily Star on August 10, 1986 and proclaimed our investor community had a high degree of confidence in JNC. The article showed a map of the Tucson area indicating the location of JNC's major real estate developments. Approximately 16 projects were indicated; three JNC projects were located outside the Tucson area. During the course of the interview the reporter asked a line of questions concerning how I would deal with the consequence of the tax law changes for project already undertaken. I gave him a statement which turned out to be a philosophical maxim I would think back on again, "We won't quit. Quitting is in the heart. Once you're a quitter, you're always a quitter." As the JNC litigation unfolded, you could say I lived that maxim. As the Tax Reform Act of 1986 headed toward certain passage the market abounded in consequence theories; none of which held promising news for real estate developers. However, while others fretted I continued to move forward. Later, when the courts orchestrated my summer 1995 emotional catharsis, I would deduce many things that were transparently lodged in my subconscious but had yet to see the light of day in cognitive processing.

One of the most important matters so deduced answers the

questions, "Who instigated the Arizona Corporation Commission's 1986-1987 investigation against us?" and "What was their motive in doing so?"154

154

By summer 1995 I had already learnt who had instigated the first ACC investigation; that was a local developer transparently consumed by jealousy over our success: Ernie Garcia.

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The scope of the ACC 1986-1987 investigation into our syndication activities was a much broader investigation than its first investigation into our business affairs. This time, the ACC letter noticing the investigation indicated the government agency intended to ensure our compliance with securities laws. The letter demanded production of offering memoranda and accounting reports. Moreover, it gave notice of taking depositions of Tim and me. The ACC investigation was enumerated as the “S-2361-I” investigation and was conducted by J. D. Nielsen and Margaret Ellis. We contacted Peter Beren. I thought our compliance with securities laws was competent. After all, JNC employed two licensed attorneys in its in-house legal department and Peter Beren, all toward compliance with all legal aspects of JNC's business interests. There was one issue Peter had concern over, notwithstanding the fact that this activity was fully disclosed in all offering memoranda. 155 From time to time, one partnership loaned idle funds to another partnership such that the lending partnership earned a higher rate of return than it otherwise could earn while the borrowing partnership paid an interest cost less than it would otherwise pay. The inter-partnership working capital loans were restored on subsequent Admiral guarantied financings intended to supplant a given project's working capital. Peter was concerned the ACC might consider the inter-partnership financing arrangements and deem all partnerships to be one substantive partnership.156 On that basis, we could not be in compliance with federal or state securities laws as our exemptions would be void. I informed Kinney of the investigation and Peter's advice the inter-partnership working capital

155 Bear in mind, in hind sight, I allege Peter was already bribed by Berkley and Admiral in furtherance of their interests as opposed to JNC's interests. 156

This is yet another issue the bribed Peter Beren responded to by giving legal advice to make us feel unclean about our business practices; Beren’s strategy to support the Berkley and Admiral agenda.

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financings are resolved before the end of 1986. Kinney agreed; a 1986 year-end objective was established and ultimately met. During my ACC deposition, the interviewer asked about the JNC partnerships and how they related one to the other. I commenced to explain the JNC Business Plan and discussed how the JNC acquisition and development, construction and absorption, and non-development partnerships mirrored conventional real estate development financing processes as initially explained to us by Ray Raimondi of United Bank. I also explained the key acquisition and development and construction and absorption limited partnership objective that made our offerings attractive to our limited partner community: it was an objective that funds enabling limited partner subscription promissory note interest and principal payments were distributed from the partnerships and that same would only be derived from the limited partners' separate funds in the event the partnerships were unable to make such distributions. Following Tim and my depositions, the Arizona Corporation Commission took no further action. In fact, we didn't hear from the government agency again. Under Arizona law, if the ACC had found criminal activity it was duty bound to make a criminal referral to the Arizona Attorney General for criminal prosecution. Otherwise, Arizona's empowering statutory scheme vested the ACC with the power to impose all kinds of civil consequences to ensure compliance with the state's securities laws. For example, as a result of its investigation the ACC could issue a cease and desist order, commanding JNC to cease and desist its syndication activities. That would have crippled our business.

Moreover, it could have found we violated Arizona's

securities laws and imposed a civil fine and taken other remedial action to ensure our compliance. Time is of the essence in the ACC's duty to protect the public. If it suspected JNC of securities law violations, it had a duty to protect the public with immediate action. However,

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at the transparent conclusion of its 1986-1987 investigation into JNC's syndication activities, the ACC took no action; complete silence. Let me explain my theory accounting for the ACC nonaction. Under federal and Arizona securities laws, limited partnership interests, unlike stocks and bonds, are not securities per se. The Supreme Court's Howey157 decision sets forth three criteria that must be met in order for such interests to be deemed to involve the issuance of securities: (i) an investment of money, (ii) in a common enterprise, (iii) where profits are derived solely by the efforts of others. The Howey criteria are the "Bible" of securities law determinations. Moreover, the Supreme Court's decision in Teamsters v. Daniel, 439 US 551 (1979), proffered the seminal definition of Howey's "investment of money" criterion. In Daniel, the Court held that the term "an investment of money" means money, property, or valuable services contributed. In securities law, as in most areas of the law, substance or the economic realities of the transaction control while form should be disregarded.158 Financial guaranties are not securities. As a result, the economic realities govern whether the ACC had jurisdiction over the JNC syndications. The economic realities were that the partnerships’ operating objective was that the limited partners would receive distributions from the partnerships to fund interest and principal payments under their subscription promissory notes. This objective was disclosed in the offering memoranda. Moreover, both the lenders and Admiral participated when, in some instances, the lenders required the totality of limited partners’ interest payments identified in the loan’s use of proceeds schedule to be reserved in trust or escrow.

157

SEC V. W. J. Howey Co., 328 U.S. 293, 297-299 (1946).

158

United Housing Foundation, Inc. v. Forman, 95 S.Ct. 2051, 2058 (1975).

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At the end of the day, the limited partners would be liable under the terms and conditions of their subscription promissory notes only in the event the partnership was unable to distribute funds necessary to support such payments.

In other words, the economic realities of the

transaction are that each limited partner was substantively providing a financial guaranty of partnership indebtedness to the extent of the amount of the limited partners’ respective subscription promissory notes. As a matter of law, such financial guaranties are not securities within the meaning of federal securities law.159 Since Arizona’s securities laws were adopted from the federal securities laws, the Arizona appellate courts hold federal interpretations guide Arizona interpretations.160 As a result, the JNC acquisition and development and construction and absorption limited partnerships did not substantively involve the issuance of securities within the meaning of either federal or Arizona securities laws.161 This is why the ACC could not issue a “cease and desist” order against JNC or make a criminal referral to the Arizona Attorney General. In the early 1990s, I would petition the ACC for its S-2361-I investigative records it was required to create and maintain under Arizona’s public records laws. Indeed, the ACC had created and maintained its investigative records in the investigation instigated by Ernie Garcia; that’s how I learned who the “rat” was.

I learned the ACC had transferred its S-2361-I

James v. Meinke, 778 F.2d 200, 205 (5th Cir. 1985) (A guarantee does not involve ‘an investment of money in a common enterprise’); citing, Crabtree Investment v. Aztec Enterprises, 483 F.Supp. 211, 215 (M.D.La. 1980) (emphasis in original). 159

160

Daggett v. Jackie Fine Arts, Inc., 152 Ariz. 559, 733 P.2d 1142, 1148 (Ct. App . 1986); Vairo v. Clayden, 153 Ariz. 13, 734 P.2d 110, 114 (Ct. App. 1987). 161 I have been charged with a plethora of securities law offenses in the three charging documents filed against me. Moreover, 52 of the 57 felony convictions sustained as valid by the Arizona Court of Appeals, Division Two in my 1996 CR-43071 criminal appeal specifically arise under Arizona’s securities laws. I will explain in a later chapter why I abandoned the non-securities defense. The short version is that I had received an informal information signal to “go after the bad guys.”

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investigative records to the Pima County Attorney in the 92-GJ-356 Grand Jury proceeding that led to my indictment on 283 felonies. However, the ACC was not compelled to produce the records by subpoena; it just willy-nilly up and gave the records away. When I went to retrieve the S-2361-I investigative records from the Pima County Superior Court Clerk, all the documents I had supplied the ACC in response to its initial S-2361-I Subpoena Duces Tecum were among the records received from the ACC; however, the investigative records were not. They had disappeared. The Arizona Corporation had violated Arizona’s public records laws; denying my substantive right to a fair and impartial trial on the merits. It appears the ACC investigator, J. D. Nielsen, had seized the opportunity to line his own pockets with gold from Berkley and Admiral. It is reasonably foreseeable Nielsen foresaw the opportunity to become personally enriched by the Berkley and Admiral agenda; he surely held his hand out for a bribe. Berkley could ill afford to have an official decree that the JNC limited partnership syndications did not substantively involve the issuance of securities. Berkley had too much at risk: In 1985 and 1986, it issued $150 million of Berkley securities without disclosure of its unlawful transaction of insurance; it was involved in a $65 million arbitration with its quota share and excess of loss reinsurers; and, the JNC litigation was not yet completely resolved. It was necessary to the Berkley and Admiral agenda for the S-2361-I investigative records to disappear. The ACC’s S-2361-I investigation involved the same matters that led to my CR-43071 conviction. Accordingly, I had a material interest in accessing its investigative records. Had the ACC officially concluded in its investigative reports the JNC limited partner interests did not involve the issuance of securities that authoritative determination would have been significant

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evidence in my criminal trial. Indeed, it may have given rise to a claim of double jeopardy proscribing my criminal prosecution. Berkley really needed those records to disappear. Most likely, Nielsen and the Pima County Attorney knew how valuable it would be to Berkley for those records to disappear. The Great State of Arizona; it says so on the seal. As I said, the ACC’s last substantive action in the S-2361-I investigation was to conduct Tim and my depositions in January 1987.

Notwithstanding the pressures of the ACC

investigation, I had other matters to tend to; in the face of the FHLBB appraisal regulatory changes and the Tax Reform Act of 1986 I had to restrategize the JNC partnerships for survival.

The JNC Response to the ICMC Information Economy Money Supply Pressure Objective While the Tax Reform Act of 1986, overnight, closed down the real estate limited partnership syndication business, that wasn’t the biggest ICMC challenge for me.162 JNC was still able to syndicate its offerings within its limited partnership community. The ICMC strategy that caused JNC the most problems was the FHLBB’s appraisal regulatory changes. The effect of requiring more capital infusion to meet conventional underwriting criteria and financing levels was the most troublesome consequence of the ICMC strategy to shift money supply pressures away from private real estate investment into the public capital markets as a means for increasing the value of the ICMC’s control over access to the world’s capital markets. I knew I had a duty to share my evaluation of these matters with the JNC limited partner community. In January 1987, I prepared a memorandum summarizing the FHLBB appraisal regulatory changes and mailed same to each JNC limited partner. I explained the foregoing FHLBB appraisal regulatory changes and their attendant consequences on JNC acquisition and 162

Bear in mind, I did not contemporaneously recognize the changes in law and regulation as orchestrated by the ICMC, per se. I did, however, recognize such changes would favor the capital markets over private real estate holdings.

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development and construction and absorption limited partnerships. I then explained the JNC strategy to mitigate the economic consequences of such changes on the JNC projects. By January 1987 I came to appreciate several matters of financing significance. First, JNC had already obtained more than $20 million in Admiral guarantied financings from European based lenders; specifically, Kredeitbank, NV of Belgium and Northern Telecom International Finance, NV of Pfaeffikon, Switzerland. I was impressed with the Kredeitbank financing terms: 0.5% over LIBOR, or just about equivalent to the U.S. prime rate of interest. I hypothesized that if we were able to obtain first tier floor construction and absorption and permanent financing from European sources where the rate of interest floated over LIBOR as in the case of the Kredeitbank loans, the JNC projects would be able to yet achieve favorable leverage rates of return notwithstanding the unfavorable economic consequences wrought by the FHLBB appraisal regulatory changes and the Tax Reform Act of 1986. Moreover, European lenders were not hamstrung by FHLBB regulation and yet underwrote new development projects gross of absorption. I informed the JNC limited partners in the January 1987 memorandum we had already begun the search for such financing opportunities through two European loan brokers.

The Canary Island Loans that Never Closed In October 1986, we had met a London loan broker by the name of Peter Clayton. I had explained to Clayton the goal to obtain construction mini-perm financing for the JNC projects from European loan sources. Clayton explained the typical European approach to underwriting new development project financing. It was clear such underwriting guidelines did not require appraisals net of absorption, as was now the case in U.S. based and FHLBB controlled financings. Rather, the European lenders were yet underwriting gross of absorption, as was the - 200 -

case in the United States prior to the then recent FHLBB regulatory changes. That underwriting characteristic, taken together with loan rates floating over LIBOR at 100-200 basis points below comparable U.S. loans, held the kind of promise for financing the JNC projects that was necessary to restore expected returns to levels necessary for the partnerships to achieve their objectives, including servicing subscription promissory note interest and principal payments from partnership operations and not from the personal resources of the JNC limited partners. I did several things to ensure the competency of Clayton brokered loans.

First, I

contacted Arthur Andersen & Co.’s London office to discuss differences between American accounting principles, known as Generally Accepted Accounting Principles or GAAP, and European accounting principles. I had this discussion to increase the likelihood of success by speaking to the European based loan sources in the accounting language they were used to; one of those formative traits derived through the Ray Raimondi school of real estate development financing. The other thing I did was to call on my current lending relationships to help assess Peter Clayton’s loan brokerage representations as credible. Again, I asked Ted Kinney to explore Admiral’s sources to garner information. Moreover, I asked Jim Connors of U. S. West Capital Corporation for his assistance. Jim actually traveled to London to visit with Peter Clayton. All my efforts to validate Peter Clayton’s credibility resulted in a conclusion of viability. I could ill afford to be dealing with a flake. Prior to engaging Peter Clayton as a loan broker, the JNC projects had enjoyed a $10 million credit line with Kredeitbank, NV’s New York office. Clayton advised he had a contact in the bank’s Brussels office. Clayton, through his Kredeitbank contact, achieved another $7.5 million in Admiral insured loans from Kredeitbank, NV; bringing our total credit line to $17.5

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million where the interest rate floated at 0.5% over LIBOR. I was happy and it spoke well of Clayton’s credibility. However, I refrained paying Clayton his 1% loan commission until the JNC construction mini-perm loans he represented funded.163 Clayton advised he represented a Canary Island-based lender by the name of “RFL.” RFL agreed to fund approximately $120 million of JNC project construction mini-perm loans. Part of the loan proceeds were targeted to retire some Admiral guarantied indebtedness, while Admiral agreed to allow the RFL lender to have a first position secured interest on the several properties. We were excited about these financings. First, what I had shared with the JNC limited partner community in January 1987 was about to come to past. We would beat the hardships the FHLBB appraisal regulatory changes and the Tax Reform Act of 1986 would hold for the JNC projects and get about our business of completing the value creation process that occurs through development and construction of new projects. The interest rates were scheduled to float over LIBOR, well below the best U. S. rates for such financings. Moreover, the underwriting was gross of absorption. Most of the JNC projects would enter into the construction and absorption phase of their respective lives; a major feat of accomplishment in times becoming pressingly difficult for real estate project success. RFL retained an attorney in Tucson. That attorney, together with Peter Beren acting on behalf of the several involved JNC partnerships and James Alexy acting on behalf of Admiral, prepared all the loan closing documents. Following my April 9, 1987 divorce from my second

Since the RFL loans described infra did not fund, Peter Clayton was never paid his loan broker’s fee for the incremental Kredeitbank, NV loan he had orchestrated through the bank’s Brussels office. 163

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wife Renee,164 I signed the loan documents on behalf of the JNC partnerships, Peter Clayton signed by power of attorney on behalf of RFL, and Admiral provided its signed documents. At the conclusion of the loan closing, Peter Clayton advised I would receive wire transfer instructions for the $120 million financing’s first draw of approximately $20 million. At the time, the Arizona Bank existed in Tucson. That bank was designated to receive the RFL wire transfer in the amount of $20 million. The bank’s wire transfer officer and I would become very well acquainted between the mid-April 1987 loan closing and around the middle of May 1987 when I would finally declare the Clayton RFL loans as a fraud in my own mind’s eye.165

164

My marriage to my second wife, Renee, was ending at the same time the RFL loans were scheduled to close. It was necessary that our divorce become final or that Renee would also guarantee the indebtedness. Renee had hired a crafty divorce attorney. She held me over the barrel in the divorce decree, knowing I needed the divorce to finalize the RFL loans. She demanded she yet receive $1.5 million out of the profits of the JNC projects. Later, in the JNC related criminal proceeding she would avow by sworn affidavit provided the Pima County Attorney I never intended to build the JNC projects. Are her divorce actions and her later sworn statement in the least bit contradictory? The question is rhetorical. Both Tim and Renee had abandoned JNC by April 1987, leaving me the only Captain of the ship. The word “abandon” was never part of my vocabulary or part of my operating lexicon. Little did I know at the time, this Captain would go down with the ship. 165 I later had discussions with the Federal Bureau of Investigation concerning my complaint over the Peter Clayton and UIT fraudulent loan activities. The agent advised, however, the FBI did not usually pursue such international white collar complaints owing to the difficulties of extradition treaties and foreign investigative cooperation. The Rehnquist Court garnered international cooperation in its supervisory jurisdiction actions. Indeed, Chief Justice Rehnquist educated the high courts of other countries, particularly Great Britain, that supervisory jurisdiction preempts all other rights, privileges, and immunities; including, the marital privilege, the attorney-client privilege, and the privilege of presidential pardons. As a result, countries like Great Britain launched their own supervisory powers assault against the ICMC on foreign ground, using Chief Justice Rehnquist’s education as to how the Supreme Court of the United States decides constitutional rights, privileges, and immunities in the context of supervisory jurisdiction. This action led to supervisory convictions of highly placed government officials in Great Britain in August 2001. The Court’s market index change informal information signals indicate Sir John Williams, Attorney General for England and Wales from May 6, 1997 until June 29, 1999, was convicted under Great Britain’s highest court’s exercise of supervisory jurisdiction on August 17, 2001. Similarly, the signals indicate Gareth Wyn Williams, Baron Williams of Mostyn, Attorney General for England and Wales from June 29, 1999 until June 11, 2001, was convicted under Great Britain’s highest court’s exercise of supervisory jurisdiction on August 31, 2001. The date June 29 is the same day in 1972 the Supreme Court of the United States issued its decision in Furman v. Georgia, 408 U. S. 238 (1972), declaring the death penalty unconstitutional. Here, the date is used for the same purpose the Supreme Court used it in 1972; it is a warning to the ICMC not to assassinate Sir John Morris. The day June 11 was transparently used by the High Courts of the United States and Great Britain to implicate the notion Baron Williams’ supervisory conviction occurred by sealed Order of Great Britain’s highest court inasmuch as its numerical reference, 611, is the reflexive numerical reference, 116, implicating the day in 1993, January 16, President George

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The wait, of course, was painstaking. We had invested a lot of time, energy, and money chasing Clayton’s RFL loans. My credibility with Admiral, U. S. West and other financing sources was at stake. Although I believed I could sustain an argument I had acted prudently under the circumstances, failure never smells good; Randall did not succeed was on my resume. I would sit in my Finisterra home and not even go into the office; I was smoking 10 Romeo Julietta Churchill cigars a day. I had smuggled them in from a London-based Davidoff cigar store. If you know anything about Cuban cigars you know how deadly that could become for one’s health. The stress was incredible. How could it be that success was ours and then taken away?

The CCRC Swiss Loan that Never Closed Following the settlement of the Encanto Canyon lawsuit with Pima County we began the process of formulating a development plan for the 20 acre parcel situated along the west side of North Sabino Canyon Road, south of East Sunrise Road in Tucson’s northeast section. This location is not too far from the Catalina Mountains and the recreation area known as Sabino Canyon. H. W. Bush issued a sealed Presidential Executive Order instigating the Waco siege against the Branch Davidian compound. Transparently, Great Britain’s high court is indicating Baron Williams’ conviction brought with it convictions of ICMC counterparts in Great Britain. The ICMC retaliated by orchestrating the 9/11 attacks. The ICMC chose the date 9/11 to metaphorically implicate the Ninth and Eleventh Amendments to the United States Constitution. A reading of the amendments implicates the Supreme Court extending its supervisory jurisdiction assault against the ICMC in foreign countries. Indeed, analyses of the Court’s informal information signals indicates the ICMC sponsored most international terrorist bombings in retaliation against the Rehnquist Court for its supervisory powers assault against the ICMC. The Court’s market index change informal information signals indicated that on September 20, 2001, nine days after the 9/11 attacks, President George W. Bush appeared before a joint session of Congress and declared a “War on Terror” when he knew the ICMC had directed the 9/11 attacks and that the attacks occurred on that particular day to convey an informal information signal to the Rehnquist Court. The nine days implicates the “War on Terror” was a war against the Supreme Court of the United States for broadening its pursuit of the ICMC by Chief Justice Rehnquist educating the high courts of other nations (specifically, Great Britain) as to the preemptive nature of supervisory jurisdiction over other constitutional rights (e.g., the marital privilege, the attorney-client privilege, the privilege of executive pardon, etc.). Moreover, September 20 is the day my first wife, Elaine, was born in 1949. The date accordingly implicates Chief Justice Rehnquist’s first bride in the extension of the Court’s supervisory powers assault against the ICMC to an international playing field: Great Britain.

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The continuing care residential center included both non-assisted living, assisted living, and a skilled nursing facility. We had undertaken a CCRC feasibility study by a reputable firm known in the industry; and, predicated on that feasibility study Arthur Andersen & Co., the JNC auditors, prepared a reviewed financial forecast demonstrating the project’s viability.166 We had also undertaken discussions with Tucson Medical Center to become the CCRC operator inasmuch as the CCRC would be a feeder to the hospital facility closest to the North Sabino Canyon location. I had known the TMC CEO, Don Shropshire, from his make-up attendance at the Old Pueblo Rotary Club. I had also contacted Don concerning a charitable contribution made in June 1986 in conjunction with the Children’s Miracle Network Telethon. I had told Don the story of my son’s birth while employed at TMC in 1974, including how I was unable to pay the $5,000 hospital bill and that the hospital wrote it off. I agreed to donate a total of $250,000 to TMC over a five year period. The first $50,000 contribution was made in June 1986; however, due to the JNC system Chapter 11 filing in September 1987, it would be the last.167 Our discussions with TMC, in terms of mutual plans for a TMC related entity becoming the CCRC operator, continued up and until the time of the JNC system Chapter 11 filing in September 1987 and were always positive. I expected once the construction and mini-perm financing funded, TMC and the JNC CCRC limited partnership would have entered into an operating contract.

166

Reviewed financial forecasts are prepared by independent accounting firms in accordance with standards set forth by the American Institute of Certified Public Accountants. The standards primary focus requires the auditor to investigate and rationalize as reasonable the forecast’s assumptions. That is, in any forward-looking financial analysis, the reasonableness of the assumptions always underscores the forecast. We also continued our charitable contribution commitment to the Phoenix Children’s Hospital by donating a second $50,000 to it in June 1986. However, this time, I didn’t get invited to go to Orem, Utah. 167

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The CCRC construction and mini-perm financing’s use of proceeds totaled $40 million. The financing level was supported by the Arthur Andersen & Co. reviewed financial forecast. We approached a Zurich based private trust: United Investment Trust. Its offices were fortified; perhaps an information signal in and of itself. I made several trips to Zurich in negotiating with UIT to provide the CCRC $40 million construction mini-perm loan. At least on one occasion, Peter Beren and the JNC Chief Financial Officer attended with me in an effort to develop a high confidence level that the loan source was real and viable. Moreover, I asked Ted Kinney to investigate UIT. He reported back to me that Admiral’s sources advised it was a credible lender. Upon UIT issuing its commitment letter to fund the $40 million construction mini-perm, the JNC partnership tendered a $40,000 commitment fee. The timing of the UIT loan was approximately the same as the RFL loan. However, just as in the case of the RFL loan, the UIT loan never funded. Due to the fraud of the RFL and UIT loans, I had to once again restrategize the fate of the JNC partnerships. It was necessary to continue the value creation process by and through the development and construction of the JNC projects. I took a look at what the rest of the real estate syndication business in the United States was doing to mitigate the unfavorable economic consequences the ICMC had wrought through the FHLBB appraisal regulatory changes and the Tax Reform Act of 1986. Then, I formulated the next plan to cause the JNC projects to succeed.

The Corporate Roll-Up Plan Following the unfavorable economic consequences of the FHLBB appraisal regulatory changes and the Tax Reform Act of 1986, the nation’s largest syndicators were consolidating their several limited partnership holdings in one master limited partnership to garner Wall Street - 206 -

financing support for their activities. I would adopt a similar strategy. However, rather than employ a master limited partnership, I opted to develop a strategy to consolidate all JNC partnerships in one corporation: the corporate roll-up plan. The corporate roll-up plan was intended to position the JNC projects for capital market debt and equity financings under the best terms and conditions possible. Most of the JNC projects had undergone the process of reviewed financial forecasts prepared by Arthur Andersen & Co. in preparation for persuading the European lenders as to the projects’ respective viability. In terms of finalizing a business plan for consolidating all JNC partnerships in one corporation with an eye toward public securities offerings, the only matter to be resolved was the new corporation’s initial balance sheet. To ensure the best chance for success in capital market financings, I believed it was necessary to convert the Admiral guarantied financings to a preferred stock position, removing all Admiral security interests from the JNC projects. Arthur Andersen & Co. agreed. Admiral and its reinsurers were already committed through the Admiral bonds. “Surely,” I thought, “a sound business plan to reposition the JNC projects for their best chance at successful development remained in their respective and collective best interests.” Such a reorganization would not only avoid calamity but sound in success. I asked Arthur Andersen & Co. to provide me a letter indicating that, pursuant to the foregoing plan to consolidate the JNC projects in one corporation, the accounting firm would issue an unqualified audit opinion letter that the new corporation’s reported $60 million equity fairly represented its financial condition.168 Anything short of a clean and unqualified audit

168

The question at the heart of my negotiation with Arthur Andersen & Co. centered on the off-balance sheet financing of the approximate $60 million of preferred stock. The then existing Admiral guarantied indebtedness security, under the corporate roll-up plan, was targeted to be transformed from trust deed interests on the project properties to a security interest in the preferred stock to be issued under the corporate roll-up plan.

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opinion letter would have meant certain doom for any chance for securing the targeted capital market debt and equity financings. Arthur Andersen & Co. issued the letter. I was armed with my argument of JNC project corporate roll-up viability. I took the plan to Cherry Hill, New Jersey and met with Ted Kinney, Bob Gardner, and Admiral president Mike Snead. Snead advised he did not have the authority to approve the plan. It would require approval by Admiral’s parent company, W. R. Berkley Corporation. It was through Admiral’s consideration of the corporate roll-up plan that I first learned it was owned by W. R. Berkley Corporation. I returned to Tucson awaiting Snead’s advisory. He telephoned within a few days and advised Bill Berkley and other W. R. Berkley Corporation executives would travel to Admiral’s offices in Cherry Hill, New Jersey to meet with me to discuss the corporate roll-up plan and the JNC projects.

The June 1987 Meeting with Berkley Executives In June 1987 Peter Beren and I traveled to Cherry Hill, New Jersey. When traveling from near the west coast to the east coast travel usually consumes most of the day. Therefore, Peter and I traveled east the day before the day we were scheduled to meet with the Berkley executives at Admiral’s corporate offices. The night before the meeting with the Berkley executives, Peter and I stayed at the Cherry Hill Hyatt. This time, Ted Kinney didn’t join us for dinner. Before we turned in for the night I told Peter that Donna Anderson had continued to pay Kinney his loan brokerage fees. Peter said something along the lines of, “I figured as much.” Some might consider my disclosure to Peter a confession; but, as I have come to know myself over the intervening years I realize it was a different tactic. Peter’s response told me everything I needed to know about his loyalty. Let’s just say I knew I was on my own; his - 208 -

counsel was worthless to me. Perhaps I am prejudiced by the knowledge I have deduced since; but, as I look back on it today I believe I intuitively suspected Peter was in the Berkley and Admiral camp. I would truly be going into this battle on my own. The next day when we arrived at the Admiral offices for our meeting with the Berkley executives, Peter and I were escorted to a conference room. I was seated before Bill Berkley. The room was otherwise crowded with all Berkley’s top executives. What Ted Kinney had told me about Bill Berkley proved true; Bill was a large man, about 400 lbs. In a way, I had empathy for him; I, too, could have been that large. I had prepared for the meeting by organizing my presentation and arguments in support of the corporate roll-up plan. Bill Berkley had something else on his mind. He wanted the JNC limited partners to contribute cash. In hind sight, his motive was plain and obvious. In advance of litigation proving to be highly likely, the JNC limited partners’ contribution of cash to the limited partnerships would go a long way to sustain Berkley’s argument that Admiral had insured equity contributions to real estate limited partnerships as opposed to having engaged in the unlawful transaction of mortgage guaranty insurance by having guarantied syndications comprised of substantive partial loan guaranties. Berkley’s immediate rejection of the corporate roll-up plan sent off alarms in my head. The response was not economically rational. While I had not yet had his experience in dealing with New York’s investment bankers to gain access to the nation’s capital markets, everything I studied through a university Ph.D. program and what I had learned from Arthur Andersen & Co. in considering the strategy had told me I was approaching the corporate roll-up plan with careful consideration.

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At the time, the total Admiral exposure was approximately $65 million among all the JNC limited partnerships, while its net worth was only $50 million. A legal war with the JNC limited partners could not be its best strategy. At that time I did not comprehend the unlawful transaction of insurance issue. But, I must have intuitively suspected something was amiss; Berkley’s staunch position was not economically rational. I caught Peter Beren’s face out of the corner of my eye as he sat to my immediate left. He wasn’t looking at me as if he was prepared to give me counsel; he was looking at Bill Berkley with a look of fear and stress on his face. There are times when you are the head of an organization when you stand alone; no one can give you the defining counsel, the defining answer to the complex interactions of multiple variables. You are left to the final assessment by yourself; alone in the seeming dark. This was one of those moments; I would come to know many others. In an instant I knew what I had to do. I looked Berkley in the eye and I reviewed with him how the JNC Business Plan operated and how Admiral had supported the JNC Business Plan’s conventional-real-estate-financing-like inter-partnership structures.

The JNC limited

partners relied on the Admiral handshake. The JNC limited partners would not pay, I intimated, until the projects had run their course through construction and absorption. The battle lines had been drawn. The meeting had ended with Berkley declaring his investment advisor, Dale Myer, would come to Tucson to evaluate the JNC projects. I did not like Dale Myer from the first time I met him; a veritable snake in the grass if there ever was one.

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Chapter 14 Summer 1987 Summer 1987 was not a fun time in JNC history. Peter Beren and I returned to Tucson from the meeting with the Berkley executives without much optimism. We prepared for Dale Myers’ arrival. The Dale Myers’ Visit Bill Berkley and Ted Kinney both espoused and lauded Dale Myers as some sort of investment guru. To tell you the truth, I never saw it in the guy. I think he had his marching orders from the get-go; marching orders direct from Bill Berkley. Dale Myers did not come to Tucson with an eye toward any work-out plan. In hind sight, he came to Tucson to review the JNC projects in order for Berkley to formulate Admiral’s litigation strategy; particularly to avoid the adjudication Admiral had engaged in the unlawful transaction of mortgage guaranty insurance. I politely escorted Dale Myers on a tour of the JNC projects. I provided him the most current financial statements for the several JNC limited partnerships and the most recent MAI appraisals for each project’s real property.

JNC executives explained each project’s

development progress and what remained to be accomplished to fulfill the respective acquisition and development and construction and absorption objectives. Dale Myers left Tucson without speaking to the future. The only thing I knew is that Admiral did not intend to further issue any financial guaranty bonds on behalf of the JNC projects, notwithstanding its outstanding commitments to the JNC Business Plan.

At the

conclusion of his visit, Dale Myers advised we would shortly hear from Berkley regarding the

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JNC projects but that it was unlikely Berkley and Admiral would continue to support the JNC projects.

The Bill Berkley Offer It wasn’t long after Dale Myers left Tucson that we heard from W. R. Berkley Corporation. One of its executives was designated to communicate with the JNC executives. I was informed Bill Berkley preferred not to speak directly with us. A $65 million exposure against a $50 million net worth and the capital manager CEO didn’t want to speak with the process manager CEO. Initially, when I was told Admiral would not further issue its financial guaranty bonds on behalf of the JNC partnerships, I sent telexes to the reinsurers: Employer’s RE of Kansas City; Traveler’s of Hartford; and, Skandia of Stockholm. My goal was to inform them as to the propriety of following through with the corporate roll-up plan.

Uniformly, the reinsurers

instructed me to deal directly with Admiral as they would not participate in negotiations directly with me. The long and the short of it was that I was cornered into dealing only with Berkley and Admiral. Around the beginning of July 1987, we received the news of Berkley’s approach to resolving Admiral’s exposure and commitment to the JNC projects.

The offer was

straightforward: if we could find a credit enhancement replacement for Admiral’s position, we would receive a $15 million discount. Berkley and Admiral both knew at that time that Admiral had engaged in the unlawful transaction of mortgage guaranty insurance. Berkley and Admiral also both knew at that time that Arizona Supreme Court decisions stood for the proposition Admiral was liable under the $65 million financial guaranty bonds issued in favor of the JNC partnerships while concomitantly - 212 -

proscribed from redressing remedies in equity or at law in the matter of the collaterally assigned JNC limited partner subscription promissory notes and the JNC indemnities against its losses. In substance, Berkley and Admiral offered us a $15 million discount on an alleged $65 million indebtedness we substantively did not owe as a matter of law.

Of course, I

communicated the Berkley and Admiral $15 million discount offer to Peter Beren; however, since Peter had already been bribed by Berkley and Admiral, he did not advise us about our strong legal position. Instead, Peter, as the JNC attorney, carried on his commitment to protect the interests of JNC’s adversaries.

The Exit Interviews The first time I had ever heard about what would become known in the JNC litigation as “The Exit Interviews” came by a telephone call from Ted Kinney at the beginning of July 1987. When Kinney called me at that time he advised that Bob Gardner, his assistant, and he would be interviewed by attorneys representing Admiral for the ostensible purpose of learning about the JNC business. That is, by July 1987, approximately one month after my face-to-face meeting with Bill Berkley and practically days after Dale Myers’ Tucson visit, Berkley and Admiral had hatched the Exit Interviews scheme. Let me explain the Exit Interviews scheme knowing this won’t be the only place I explain relevance. The first thing to understand is that since the Exit Interviews took place so shortly following Dale Myers visit to Tucson it can only be concluded the scheme was probably orchestrated even in advance of my face-to-face meeting with Bill Berkley. It had to be planned far in advance because the Exit Interviews questions and answers had to be organized to fulfill their unlawful objective: educating Tucson and other public officials about matters furthering Berkley and Admiral interests to distance them from an adjudication Admiral had unlawfully - 213 -

transacted mortgage guaranty insurance. That is, from the inception, the Exit Interviews were intended to be bribery bait transmitted to local public officials by and through in camera review by Arizona and federal judges in foreseeable disputes involving Admiral’s claim of attorneyclient privilege over the Exit Interviews. The scheme also borrowed on the characteristic ICMC corruption of the judiciary; however, with a slight twist. Typically, the ICMC strategy to corrupt the judiciary involved bribery at the trial court level and deprivation of jurisdiction at the appellate court level. For example, a bribe at the trial court level could result in dismissal of material parts of a case. The remaining case could be then settled at a lesser settlement amount, avoiding a jury trial on the merits. Concomitantly and more importantly, the bribe had the effect of depriving the appellate courts of jurisdiction over the part of the case dismissed in exchange for the bribe inasmuch as both parties surrender their right to seek review on any claim, dismissed or active, in the settlement. A new twist on the foregoing ICMC usual judiciary corruption tactic was required in the matter of the Exit Interviews as interest in their information content unfolded in the eventual JNC litigation. In early 1987, matters involving tax fraud in the estate of L. Ron Hubbard were working their way through the United States Court of Appeals for the Ninth Circuit and, eventually, the Supreme Court of the United States. The earliest Ninth Circuit decision was issued on February 9, 1987 and cited as United States v. Zolin, 809 F.2d 1411 (9th Cir. Feb.9, 1987); 832 F.2d 127 (9th Cir. Nov. 6, 1987). Later Ninth Circuit decisions in United States v. Zolin are reported at 842 F.2d 1135 (9th Cir. March 28, 1988); and, 850 F.2d 610 (9th Cir. July 5, 1988) (amending 842 F.2d 1135).

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In its Zolin decisions, the Ninth Circuit transparently began the revisory courts’ attack on the ICMC tactic of corrupting the trial court and depriving the appellate courts of jurisdiction over corrupt trial court decisions. The Ninth Circuit set forth criteria in Zolin establishing the propriety of a district judge’s right to in camera review of documents or other matters over which one party claimed attorney-client privilege and the other party claimed the crime-fraud exception to the privilege. As the Zolin decisions explain, the crime-fraud exception eviscerates the attorney-client privilege on the grounds and for the reasons the documents were created, per se, in furtherance of perpetrating a crime. The Zolin decisions eventually wound their way into the Supreme Court of the United States. In United States v. Zolin, 491 U.S. 554 (1989), the Supreme Court sustained the Ninth Circuit’s objective by supplanting the intermediate court’s criteria for the threshold showing required to enable a district judge to effect in camera review in the first instance. The earlier Zolin Ninth Circuit decisions were probably a warning to the Berkley and Admiral schemers.

So a different ICMC corrupt-the-judiciary tactic was transparently

formulated. In the JNC litigation, the new ICMC corrupt the judiciary tactic unfolded: the district judge would order allegedly attorney-client privilege protected documents to be disclosed, leaving the corrupting party to seek emergency mandamus relief in the appellate court. The new tactic would protect the bribed district judge from an appearance the protected matters were intended to be used in a bribery scheme. The appearance was intended to give the bribed district judge some level of comfort his corrupt conduct would go undetected by the revisory courts vested with supervisory jurisdiction. If the appellate court ruled in favor of the attorneyclient privilege and sealed the protected matters substantively serving as the bribery bait, the bribery activity would proceed.

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The Admiral’s nefarious Exit Interviews would eventually follow this path. However, it appears the Ninth Circuit deduced the ex-post Zolin ICMC trial court bribery scheme.

In

Admiral Insurance Company v. United States District Court for the District of Arizona, 881 F.2d 1486 (9th Cir. August 9, 1989), the Ninth Circuit upheld Admiral’s claim of attorney-client privilege over the Exit Interviews.169 The appellees in the foregoing matter did not seek review in the Supreme Court of the United States.

Revisory jurisdiction died with that inaction.

Thereafter, Berkley and Admiral fulfilled the new ICMC bribery scheme and corrupted Arizona and federal judges and other officers of the courts in the JNC litigation to ensure adjudications forestalling detection of Admiral’s unlawful transaction of substantive mortgage guaranty insurance. Based on all the foreseeable strategy in formulating a post-Zolin corruption scheme by and through employing the Exit Interviews, it is more likely than not Berkley and Admiral actively construed the scheme in advance of my face-to-face meeting with Bill Berkley and the Dale Myer visit to Tucson. Dale Myers’ visit to Tucson also included identifying legal counsel to represent Admiral in the foreseeable JNC litigation: Streich Lang. Streich Lang’s early education as to the corrupt purpose that defined the creation of the Exit Interviews was essential to the Berkley and Admiral interests. In the mean time, I carried the news of the demise of JNCAdmiral relationship to the JNC partnerships’ limited partners.

The Tucson and Phoenix Limited Partner Meetings If you don’t remember the aftermath of the Tax Reform Act of 1986, I will either refresh your memory or define it for the first time. All across the nation, real estate values were in

In the matter of Admiral’s Exit Interviews, United States District Judge Richard M. Bilby reviewed the Exit Interviews in camera without following Zolin’s threshold showing criteria requirement. 169

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retreat. The consequence of the Tax Reform Act of 1986 was to impair the tax savings from real estate limited partnerships, which in turn impaired the expected returns for such investments, which had the concomitant effect of impairing values. In other words, the Tax Reform Act of 1986 was the ICMC’s capstone in its information economy scheme to shift money supply pressures away from private real estate investment into capital market investments. During one of my visits to New York I visited the home office of Paine Webber, which was one of the nation’s major securities brokerage firms at the time. I learned from the Paine Webber executives I visited with that due to the Tax Reform Act of 1986 major real estate syndication activities had come to a standstill, virtually overnight. The nation’s major real estate syndicators were scrambling to repackage their real estate limited partnerships in a single “master limited partnership.” The reduction in real estate values across the nation wrought another important consequence: Who would be responsible in the allocation of losses then manifest? In other words, the Tax Reform Act of 1986 wreaked havoc on complex business relationships inasmuch as parties dealing with one another at arm’s length began positioning themselves for the inevitable litigation battles that would define allocation of loss responsibility. In the case of the JNC partnerships, Berkley and Admiral foresaw this very consequence. It is what led them to instigate the 1986-1987 Arizona Corporation Commission’s investigation against JNC, its partnerships, and me. Moreover, it also transparently motivated Berkley and Admiral, particularly in the face of the Zolin decisions then winding their way through the Ninth Circuit, to redefine the ICMC judiciary corruption strategy aforedescribed.170

170

If one assumes the courts do not operate in a vacuum then the question begging is whether the Ninth Circuit and the Supreme Court recognized the Tax Reform Act of 1986 would engender the allocation of loss responsibility litigation and whether, in light of same, began posturing the exercise of supervisory jurisdiction against the use of district judge in camera review in furtherance of official corruption by and through the Zolin

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The JNC limited partners were not immune to the fear of allocation of loss responsibility wrought by the Tax Reform Act of 1986. As the August 10, 1986 Arizona Daily Star article about JNC and its principals announced, the JNC limited partners continued to have confidence in their university professor general partners; “Surely,” they must have collectively contemplated, “if anyone can guide us through these foreseeable troubled times, the JNC general partners can.” That confidence eroded in July 1987. Following my face-to-face meeting with Bill Berkley, the litigation preparing visit from Dale Myers, the Admiral decision not to issue further financial guaranties for the JNC Business Plan it had promoted, the Admiral excess of loss reinsurers decision not to support the corporate roll-up plan despite their tens of millions of dollars of loss exposure, and the Berkley and Admiral offer to discount their exposure by $15 million to encourage their credit enhancement replacement, I decided it was time to meet with the JNC limited partners. I directed Joan Carvahlo, JNC’s investor relations manager, to set up two meetings.171 The first meeting was held for the benefit of the Tucson-based JNC limited partners in a local Tucson hotel ballroom. The second meeting was held at the Biltmore Hotel in Phoenix. Most of JNC’s approximate 400 limited partners resided in either Tucson or Phoenix. The JNC limited decisions. The question is answered in material part by the Supreme Court’s decision granting certiorari in what would become the federal mail fraud statute’s most landmark and historic decision: McNally v. United States, 483 U.S. 350 (1987); a heavy-handed informal information signal would ensue. Because of the U. S. West characterization of the Sunbelt A & D Limited Partnership naked note financing intentionally structured to parallel monoline mortgage guaranty insurance as an informal information signal, the further question begging is whether the JNC litigation was foreseeable by the Ninth Circuit and the Supreme Court to the extent the watch began for the Rehnquist Court’s opening against the ICMC. My educated guess is that the supervisory courts already knew which law firms would facilitate official corruption, if not which principals already had adopted the practice of legislating official corruption in their extant or pre-Tax Reform Act of 1986 litigation activities; official corruption that historically relied on the in camera review scheme. 171 Joan Carvahlo’s then husband worked for the Pima County Attorney’s office. Whether she, through her husband, promoted Assistant Pima County Attorney Alan Davidon’s presence during the Tucson meeting remains unknown to me. I suspect Joan was responsible; her husband would surely receive recognition for the inside information tip. As discussed in subsequent chapters, I believe Pima County Attorney Stephen D. Neely was the first public official who capitulated to prosecution pressures resulting from the Supreme Court’s historic exercise of supervisory jurisdiction; ultimately leading the Rehnquist Court to its intended target: the ICMC hierarchy.

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partners residing outside Arizona received written communication of the issue. Some nonArizona limited partners traveled to either Tucson or Phoenix to participate in the meetings. The Tucson meeting was scheduled first. It was one of those moments when no one wanted to be in my shoes. When you have to lead, you have to lead. I took the microphone and carefully laid out the course of events leading to the meeting. I was not inspired by the Berkley and Admiral offer to discount the JNC obligations by $15 million if we were able to find a replacement credit enhancement. But, I nonetheless ended the meeting by expressing the offer to the JNC limited partner community. No one was inspired to jump through hoops to accept the discount offer. However, at least one JNC limited partner stood up and made a case for organizing litigation groups. Daryl Krugman was the most vocal JNC limited partner during the Tucson meeting. Daryl was involved in several JNC limited partnerships and his subscription notes probably aggregated to approximately $300-400,000 of exposure. Daryl had contacted the Tucson law firm of Hecker, Phillips & Hooker.172 During the Tucson JNC limited partner meeting in July 1987, Daryl stood up and announced his intention to protect his interests and asked other interested JNC limited partners to meet with representatives of Hecker, Phillips & Hooker

172

Hecker, Phillips & Hooker came to represent one of the JNC limited partner litigation groups; the other group was known as the Gugino group. Bob Gugino, a Tucson attorney, was also a JNC limited partner. As a quid quo pro, Renee and I had become limited partners in one of Gugino’s litigation groups. My educated guess is that Bob was sufficiently connected in the Tucson legal circuits to be aware of the official corruption that would foreseeably unfold in the JNC litigation, if only because of the amount of money involved. It appears Bob may have participated in orchestrating the JNC related public corruption for personal financial gain inasmuch as representation of one of the JNC limited partner litigation groups surely led to his nontrivial personal enrichment and the Berkley and Admiral litigation objective of forestalling discovery of Admiral’s unlawful transaction of mortgage guaranty insurance had to have been known to the attorneys representing the JNC limited partners. I suggest this inasmuch as the settlement between Admiral and the two JNC litigation groups resulted in Admiral’s complete and unequivocal release of the JNC limited partners from the obligation to pay principal and interest under the terms of their subscription promissory notes. I allege the attorneys representing the two litigation groups had surreptitiously come to learn the information content of the Exit Interviews early on in the JNC litigation and used such information content for their own enrichment and not to optimize the JNC limited partners’ collective welfare.

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following the meeting to discuss collective legal representation. Daryl’s role in the Hecker, Phillips & Hooker JNC limited partner litigation group probably gained him special financial consideration with the legal representation of his interests, if not more, because he was instrumental in bringing a significant number of JNC limited partners as clients to the law firm. In my estimation, Daryl’s JNC limited partner litigation leadership role materially and significantly proximately caused the JNC limited partner community to lose its share of the $65 million windfall resulting from Admiral having unlawfully transacted substantive mortgage guaranty insurance.173 This will become a hard lesson for Daryl and the JNC limited partners to learn as I don’t foresee much mercy coming their way when the dust settles in the Supreme Court’s historic exercise of supervisory jurisdiction to correct illegal conduct in the courts, including in the matter of the JNC litigation. The JNC limited partners could have saved the JNC projects and negotiated even a deeper discount from Berkley and Admiral; but they did not. Instead, they chose to follow Daryl’s lead.

The JNC Project Meetings Following the Tucson and Phoenix JNC limited partner meetings and under my direction, individual JNC project meetings were conducted in the JNC theatre. I had several goals in hosting JNC project meetings. While I was interested in salvaging the entire JNC system, I also recognized some limited partners, had they chosen to do so, had the financial wherewithal to step in and take over an entire project. The goal was to explain each project’s going concern value174

173

The JNC limited partners, by operation of the several limited partnership agreements, would have enjoyed 85% of the $65 million windfall had they chose to stay the course. Now all they have left is the unfulfilling promise of legal malpractice litigation, if anything at all. 174

Dale Myers had espoused the JNC projects liquidation values; a veritable conflict of interest intended to be part and parcel of the Berkley and Admiral litigation plan. The Berkley and Admiral litigation plan included a theory of the case wherein I defrauded everyone into participating in worthless real estate projects. That is why the bankruptcy trustee, Fred T. Boice, sold all the properties through the bankruptcy court for slightly more than

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and its unfulfilled development plan. Moreover, I used the venue of the JNC project meetings to explain debt relief income tax consequences to the JNC limited partners.175 As a general rule, the JNC projects would be considered well located and their respective development plans would be considered well thought out. However, no one stepped forward to continue the JNC projects’ development plans.

The Day that Broke My Heart As I have shared a few times in this treatise already, there are times when no one can make a decision for you. You choose to be the leader; that responsibility sometimes places a heavy burden on the heart. The day that broke my heart in the life of JNC came in July 1987. I had always taken great care to ensure we could cover our payroll and other obligations, whether we had one employee or one hundred twenty. As summer 1987 continued to unfold in the face of Admiral’s decision to discontinue its support for the JNC Business Plan, system cash flows dwindled to the point where I had no choice but to lay off half the staff; keeping only a skeletal operation to sustain some sort of continuity to somewhere. The JNC employees generally loved their jobs. My management style, generally, was an empowering one: “Here is the objective, go do your job within the budget, then report back with the results.” Our executives participated in making multi-million dollar decisions and came to

amounts attributable to first liens. Had the properties realized higher values, then reorganization would have raised its ugly head and heightened the discovery of Admiral’s unlawful transaction of substantive mortgage guaranty insurance. 175 My expectation would prove correct. In summer 1991, the Internal Revenue Service initiated its audit of the JNC limited partners’ settlement with Admiral; the settlement that led to Admiral’s complete and unequivocal release of the JNC limited partners’ obligations to pay on their $65 million of subscription promissory notes. The Revenue Agents, of course, focused on the debt relief income tax consequences, holding the relief provisions of 26 U.S.C. §108 did not apply. I will discuss this audit in more depth in later chapters. It is interesting.

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know how to argue them. They were building a career for themselves and their families. Everyone invested their hearts as well as their skill. It seemed like a dark wintry day in the middle of July 1987 when I walked the JNC hallways thanking people for what they had brought to the effort; regretting I had to let them go. Tears flowed; hugs followed. There was no relief for me. Times like this only make you dig deeper; it coaches you to find resolve. It wouldn’t be the last day I had to dig a little deeper for a whole lot more resolve.

Moving in with Keith Dolgaard at Arizona Trust The next step in closing down the JNC enterprise came with the decision to vacate the premises. By that time, the union pension fund loan broker, Keith Dolgaard, had purchased Arizona Trust Company.

Keith still served as one of the pension funds’ loan brokers,

nonetheless. In fact, Keith and I had a meeting with Dale Myers, Berkley’s alleged work-out specialist. During that meeting, Keith advised Dale that the pension funds were going to loan all necessary funds to exercise the third Ina Thornydale project option. Keith explained it was smart to continue exercising the options to protect options already exercised and the value of the properties already acquired. In hind sight, I believe Keith and Dale were having a jousting war over the Berkley and Admiral litigation strategy to ensure the JNC projects were disposed of for “liquidation values” slightly over first positions. Exercising the Ina Thornydale third option went along way to

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maintain going concern values for JNC’s project having the largest dollar investment. It was clear Dale did not like Keith’s strategy.176 Keith and I had many conversations about JNC’s future that summer. Little did I know our paths would cross again.

The JNC System Chapter 11 Filing On September 15, 1987, Admiral filed suit against the JNC partnerships, JNC, and me, alleging Admiral had been defrauded.177 Streich Lang also filed, on Admiral’s behalf, an Ex Parte Application for a Temporary Restraining Order. The application asked United States District Judge Richard M. Bilby to freeze all cash in the JNC system on the grounds and for the reasons to forestall Admiral’s further injury from the fraud I allegedly perpetrated. The real reason was to stop me from hiring top notch attorneys who might figure out Admiral had unlawfully transacted substantive mortgage guaranty insurance.

Judge Bilby granted the

application.178 Admiral was probably right. Earlier in summer 1987, Peter Beren recommended I commence discussions with Lowell Rothchild of Mesch, Clark, and Rothchild; allegedly Ultimately, Keith would be prosecuted for pension fund bribery. Given my ACC experience, I wouldn’t be surprised if it was Berkley who promoted Keith’s prosecution. 176

177

I had been sued earlier in summer 1987 by the King family. The King family had property in Litchfield Park, Arizona that was used as collateral in Admiral guarantied financings. The King family was among JNC’s wealthier limited partners. The lawsuit alleged security violations and was stayed shortly thereafter by the JNC system Chapter 11 filing in September 1987. 178

When the Supreme Court of the United States, through the Arizona Court of Appeals, Division Two, transparently orchestrated my summer 1995 emotional catharsis, one of the declarative statements I uttered was, “It was Judge Bilby.” I then figured out Judge Bilby’s complicity in the Berkley and Admiral scheme to forestall discovery of Admiral’s unlawful transaction of substantive mortgage guaranty insurance and all its attendant consequences. In October 1995, I came to theorize Pima County Attorney Stephen D. Neely had confessed his complicity in the bribery scheme. Subsequently, I learned Judge Bilby had passed away; leaving me to wonder whether he had intentionally taken his own life upon being “busted” for the lowest form of judicial criminality – bribery. He may have been unable to cope with the coming fall from the lofty judicial height as the top federal judge in Tucson.

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Tucson’s premier bankruptcy counsel. Peter advised Lowell had a great deal of experience and knew the bankruptcy judge personally.

Lowell thought himself to be the “top dog” in

bankruptcy litigation. He informed he told the bankruptcy judge, Lawrence Ollason, “a new case was coming down the pike -- it involves a kid with a $130 million credit card.”179 During one of our first meetings with Admiral counsel Streich Lang and its lead attorney, Susan Boswell, Lowell started the meeting by saying, “Hello, Partner.” He meant that Admiral was JNC’s partner in amassing the $130 million of liabilities.180 For all of Lowell’s self-righteousness as Tucson’s self-proclaimed bankruptcy genius, he wasn’t there when I needed him the most. Lowell was out of town when Admiral filed suit on September 15, 1987. He wasn’t available for counsel. Instead, I was relegated to his assistant attorney, Fred Hickle.

I suspect Lowell was trying to distance himself because he would

participate in the foreseeable official corruption. Later, Fred Hickle left the law firm; I can’t help but believe it was because he came to know Lowell’s participation in the official corruption surrounding the JNC civil, bankruptcy, and criminal litigation.181 On Fred’s counsel, I opted to place all JNC entities in Chapter 11 on September 17, 1987. Mesch, Clark, and Rothchild represented the JNC limited partnerships; Al Blankenship represented the corporations and me personally. A hearing was scheduled in Judge Bilby’s courtroom that afternoon. 179 From the get-go, I never trusted Lowell Rothchild; he was tainted with a Peter Beren recommendation. Intuitively, I must have believed solutions came by addressing problems. 180

The JNC system Chapter 11 reorganization filing on September 17, 1987, at the time, was among the largest filings in the history of Arizona. That wouldn’t be the only legal “Guinness” record I would come to hold; do you know anyone who has been charged with more than 375 felonies arising out of the same nucleus of operative facts? 181 Fred Hickle was good friends with Gerry Smith of Lewis and Roca. In a subsequent chapter, I will explain why I came to believe Gerry knew judges on the Ninth Circuit and participated in directing me in furthering the effort to capture official corruption. As a result, I would come to exculpate Fred as involved in the JNC official corruption in my own mind’s eye.

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Remember, as I recount this part of the story, I have a Doctor of Philosophy. But, it doesn’t mean you are always savvy about everything. In my discussions with Fred Hickle, I developed the sense that I was “beating Judge Bilby at the litigation game” early on. I laugh, now, it wasn’t too long after the Chapter 11 filing I learned the Bankruptcy Court serves at the pleasure of the District Court in bankruptcy matters. That is, effectively, Judge Bilby was Judge Ollason’s boss. There wasn’t much that transpired during the hearing with Judge Bilby; a hearing that really was supposed to be about Admiral’s temporary restraining order. When Judge Bilby asked me, “Mr. Jenkins, do you know why you are here?” I told him, “No, I don’t know.” He then said, “That’s the most honest answer I’ve heard yet.” That would be the only conversation I would have with a federal district judge I would later accuse of taking a bribe from Berkley and Admiral in the JNC litigation to forestall the determination Admiral had unlawfully transacted substantive mortgage guaranty insurance. Judge Bilby brought in Judge Ollason and told everyone in the courtroom that the Chapter 11 filing had changed everything. Nonetheless, Judge Bilby continued to restrict my access to JNC cash; he must have known the reason I should not be able to hire top notch attorneys. He would control the allocation of what remained of JNC’s cash; about $10 to $12 million, some of which was restricted by loan agreements. Though we were not yet married, Stacia had joined me in the courtroom. She was concerned. At the end of the hearing, we left the courtroom, making our way to the parking lot. Immediately upon leaving the courtroom, however, we had television cameras in our faces and microphones thrusted at us. The JNC Chapter 11 filing was big news in Tucson. I did not say anything to the media that day.

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As Stacia and I walked toward our cars, I continued to sort things out in my mind’s eye. They didn’t teach me anything about this in graduate school; I would have to make it up out of my own wits as matters unfolded. The JNC litigation had begun in earnest.

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Chapter 15 The JNC Litigation: The First Year The rest of 1987 wasn’t fun. Following the September 17, 1987 federal district court temporary restraining order hearing before Judge Bilby, I learned that Fred T. Boice was appointed as trustee-in-bankruptcy. I was no longer in control of JNC’s properties, cash, or other assets. I thought I’d give Fred T. Boice a call and visit him.

Fred T. Boice Some would refer to Fred Boice as among Tucson’s “good old boys.” Not too long after my first appointment I learned that Boice was a close friend of Judge Bilby’s. That may have been symptomatic of his renowned importance. When I met him, he seemed like a rational sort of fellow. However, my opinion would soon change.182 My first visit to Boice’s office wasn’t a social call. I took all the material I had available to demonstrate that Admiral had supported the JNC Business Plan. I patiently explained to Boice the financing succession among acquisition and development, construction and absorption, and non-development partnerships. I further explained that the JNC partnership business plan paralleled conventional real estate development financing as we had first learned same from Ray Raimondi at United Bank. Boice expressed no objection as to the economics of the JNC Business Plan.

182

Given the totality of the circumstances known to me and extrapolating reasonable inferences, it appears Fred T. Boice has probably been prosecuted by the Supervisory Powers Court and, as in the case of others, continues to fulfill whatever fiduciary duties he continues to enjoy as a “puppet” of the Supervisory Powers Court. That is, all decisions are made by the Supervisory Powers Court, leaving Boice no discretion and his participation as strictly ministerial. As a result, Boice decisions made since the time he was prosecuted by the Supervisory Powers Court cannot be challenged as incompetent on the failure to disclose his Supervisory Powers Court conviction. I have come to believe the “puppet practice” is a Supervisory Powers Court modus operandi; secrecy of proceeding methodology being paramount.

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I also tried to explain to Boice the going concern value of each project and each project’s development plan and progression status within that plan. The goal was to encourage Boice to do whatever he could to protect the JNC properties’ going concern value and to ignore the Dale Myers’ liquidation value approach to risk management. Although I didn’t appreciate it at the time, I essentially schooled Boice on the facts and circumstances amounting to Admiral’s unlawful transaction of substantive mortgage guaranty insurance. I further explained to Boice during our first meeting that interest reserves set aside for the JNC limited partners’ interest payments under the terms of their subscription promissory notes were disclosed in the several offering memoranda, made part of the use of proceeds, and, frequently, were held in escrow or trust for such explicit purposes. Boice was represented by attorney Ralph E. Seefeldt.

Having been appropriately

schooled in the JNC Business Plan and facts that would indicate Admiral guarantied indebtednesses while taking secured interests in the respective JNC partnerships’ properties, you would think Boice and Seefeldt would have come to the conclusion that Admiral had unlawfully transacted substantive mortgage guaranty insurance on their own without someone having to tell them. The trustee-in-bankruptcy never raised the issue in any bankruptcy proceeding. At the end of the first meeting, Boice advised he appreciated having the conversation with me, would speak to Admiral representatives, discuss matters with his attorney, and then get back to me. Immediately, I distrusted Boice’s JNC properties’ stewardship perception. As it turns out, my distrust was well-deserved.

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Marriage to Stacia Stacia and I began our romantic relationship in May 1986. Although I was still married to Renee, my second wife knew I was “dating” other women. 183 You could say my second marriage had deteriorated. When Renee and I divorced in April 1987, Stacia moved into the Finisterra residence with me. We didn’t stay there long, owing to the JNC system Chapter 11 filing on September 17, 1987.

From Finisterra, we moved into JNC’s Dakotah Hills condominium project.

Specifically, we moved into the upstairs 2-level, 2-bedroom, 2-bath, and den model.184 We actually moved into Dakotah Hills prior to the September 17, 1987 JNC system Chapter 11 filing. At the time, the Dakotah Hills Residential Limited Partnership owed JNC somewhere between $300-400,000. So to conserve on cash and to regain some of the loan, I retired part of the debt with the value of a three year lease. The face value of the lease was included in my 1987 W-2 as compensation in lieu of cash for my salary; and, as a result, income tax was paid thereon. This transaction would become the heart of the appeal before the United States Court of Appeals for the Ninth Circuit; the only appeal where the Ninth Circuit granted oral argument for the transparent purpose to enable me to sit in the semi-dark en banc courtroom and receive the Rehnquist Court’s supervisory jurisdiction informal information signal. After the issue was raised, Stacia and I paid market rent on the Dakotah Hills Condominium. Stacia and I took another course of conduct in 1987 that led to yet another matter that reached the federal appellate court. As the 1987 taxable year-end approached, I discussed

Rest assured, even though I “cracked” the “real Bible code,” I don’t hold myself out to be sainted, religious, righteous, etc. 183

184

We lived there together until our separation in summer 1993. As far as I know, Stacia lived there after our separation and for some time after I went to prison in September 1994.

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income tax planning with her. I advised her that because she did not pay estimated taxes on approximately $70,000 in Ventana Canyon limited partnership interest sales commissions, she would owe that tax to the Internal Revenue Service effective the end of the year. On the other hand, I explained, if we married I had enough withholding on my approximate $300,000 of JNC salary to more than cover the taxes on her $70,000 of taxable income. Therefore, getting married by 1987 year end would save us about $35,000.185 To say the least, she was pissed at me. She believed I duped her into marriage. I never believed myself to have duped her; I was always in love with her. On December 26, 1987 Stacia and I traveled to Las Vegas, Nevada, obtained a marriage certificate from the Clark County government and married in the Little Chapel of the West. During the ceremony, I did not see love in her eyes; only the daggers of contempt. She had always wanted a special wedding for her parents’ benefit; she was an only child. I was sworn to secrecy about the scurrilous marriage on pain of death; she would be married in a proper ceremony where her parents attended before they found out about this tax planning convenience. We stayed at the Las Vegas Hilton the night of our marriage. We celebrated by attending the Frank Sinatra performance. After the concert, the celebration seemed to stop. Notwithstanding my underhanded marital scheme, Stacia and I lived like two people in love; mostly fighting the incredible weight the litigation brought down on our marriage. It is doubtful anyone’s marriage could survive what we suffered.

185

Good old boy, Fred Boice, challenged our right to marry and then take the benefit of the tax consequences legislated by the Internal Revenue Code. The trustee-in-bankruptcy said we couldn’t do it. I have a Masters of Accounting with a concentration in taxation. I told him to stick it up his ass. We litigated that in the Ninth Circuit. Since I never saw the light of day in a Ninth Circuit decision it is safe to say I lost. They’d have to abscond the money out of my checking account before I’d ever pay it. I’ve never paid it. Actually, I never won a substantive decision in the Ninth Circuit, though I believe I deserved to win many. My losses, I believe, are ascribed to the Rehnquist Court’s development of a perception I would never get any relief in the federal appellate courts, all towards creating a “safe environment” for the corruption to flourish.

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We struggled financially for the first three years after the September 17, 1987 JNC system Chapter 11 filing; eking out an existence from Stacia’s Bakery Café. We had moved the business from the Dakotah Hills Marketplace, where it had began as a fledgling cookie company, to Broadway Village at the Broadway and Country Club intersection. Broadway Village is Tucson’s oldest shopping center; designed by the famous Swiss architect, Jossler. I will explain in this treatise how the Supreme Court’s exercise of supervisory jurisdiction, conscripting me into service, destroyed my marriage to Stacia. In hind sight, one single action in the first criminal proceeding legislated the destruction of my marriage to Stacia.

The Effort to Reorganize From the inception, I wanted the bankruptcy process to appreciate the viability of reorganizing the Chapter 11 projects. I hired Mary Beth Childress to help put together the financial forecasts suggesting such reorganization viability.186 Lowell Rothchild referred me to a group based in Phoenix that might be able to facilitate the reorganization. The group was headed by a fellow named Andy Niebling; a former executive for the ill-fated Lincoln Savings & Loan. At the pinnacle of Niebling’s assistance on or about May 1987, Daryl Krugman advised I would get the necessary $5 million from the JNC limited partner litigation groups to effect the reorganization. The next thing I knew, Admiral settled with the JNC limited partners ostensibly letting them off the hook. Rather than put up any money, take advantage of the Berkley and Admiral $15 million discount, and try to reorganize, the JNC limited partners unequivocally and

186 Prior to the JNC system Chapter 11 filing, Mary Beth came to me in my office and explained she had been diagnosed with Hodgkin’s Disease and was in the disease’s third phase. She asked me not to fire her. I could not have fired her. She died on Holy Thursday 1988; her Mother thanked me for helping her get some work when no one else would hire her. It is one of those things evidencing society’s misplaced priorities.

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categorically walked away. Things didn’t look good for rescuing the projects; let alone look good for me personally. By that time, I had learned I was a target of the Pima County Attorney’s investigation into JNC matters.187

The First Criminal Charge Little did I know when we were building the JNC system that I would become the most criminally charged person in the history of the Great State of Arizona.188 By summer 1988 the only thing Stacia and I could do was barely eke out a living from her small cookie store operation.189

Needless to say, I wasn’t very employable under the circumstances

notwithstanding my doctorate degree or academic and commercial experience.

187 In hind sight it may be hard to believe that at the time I couldn’t tell you much about how the criminal process works. I was somewhat naive. Let me explain the prosecutor’s advantage: typically, when people who don’t view themselves as criminals are charged with a crime, let alone a veritable plethora of crimes, they are more afraid and intimidated than hardened armed robbers who really know they are committing a crime by and through their conduct. Prosecutors categorically take advantage of this; the courts allowing them an exercise of power that is tantamount to stealing another’s utility without taking the essential risks to enjoy same; all for the prosecutors enrichment, to be sure. If you don’t believe that, you are either a judge who loves prosecutors or you are a prosecutor. Rather than enjoying absolute or qualified immunity, I think a prosecutor who brings cases and destroys lives ought to be held criminally liable, losing his or her freedom and every dime of their possessions. Else, society should not vest such power in them. If, after this lesson, society doesn’t listen, shame on society. 188

I have license to ridicule the State of Arizona. The Arizona Corporation Commission did not exercise proper internal control over the S-2361-I investigative documents as mandated by Arizona’s public records laws, enabling its agents to participate in official corruption. This governmental entity, most likely like all Arizona government agencies, are run by the greed of their operatives. The revisory courts of the Great State of Arizona allowed the Pima County Attorney to maintain an ex post facto criminal charge against me at a time critical to JNC project reorganization. This is the single act that is accountable for destroying my marriage to Stacia; an act I attribute to the Rehnquist Court’s exercise of supervisory jurisdiction, conscripting me by acquiring such jurisdiction over my person and property. The Pima County Superior Courts and the Pima County Attorney exercised such great internal control over the S-2361-I investigative records and the state’s copy of the Exit Interviews no one could find them. Again, the courts enable our public servants to line their pockets with gold belonging to others and cloak them in immunity while they are doing it. 189 I went from making nearly $1 million a year to nothing over night upon filing Chapter 11. I didn’t hide any money away for a rainy day; it’s not in my character. I plowed my personal and JNC’s resources back into the projects. By choice, I “went down with the ship.” That’s what capital managers look for when they look in your eye and trust you with their millions or billions. It is your finance calling card; you’d better protect it.

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The week of Thanksgiving 1988 was uninspiring; I was just waiting for the shoe to fall and to be charged with crimes. On November 21, 1988, Judge Lawrence Fleischman signed an Order for my arrest.190 Two undercover agents found me carrying a gallon of Mexican vanilla from the Dakotah Hills condominium toward the cookie store in the Dakotah Hills retail plaza. They cuffed me and put me into their Camaro. They were kind enough to drop the vanilla off at the cookie store. I was taken to the Pima County Jail, booked, and incarcerated. I, like the other inmates, would wait my turn to make an appearance in court. That night I telephoned Stacia and told her Berkley and Admiral had orchestrated my arrest. I also told her I was far from finished in the fight. The next day, November 22, 1988, I was brought before the Chief Judge of the Pima County Superior Courts, Thomas Meehan. Meehan was the only judge who allowed smoking in his courtroom, ordinances be damned.

He smoked non-stop.

It was clear he found me

interesting. I was charged by Information, doomed to a public preliminary hearing that would be scheduled for April 1989.

The thirty-two felony charges included racketeering, fraudulent

schemes, securities fraud, and commercial bribery.191 Stacia had to carry a burden to her parents that day by herself; she had to tell them we married secretly. Her father, Jim Sumwalt, came to the hearing before Judge Meehan. He 190 After the courts orchestrated my summer 1995 catharsis, I wrote the brief detailing the corruption that led to my criminal conviction. In the brief, I alleged Judge Fleischman had been bribed to charge me with crimes. Later, the Arizona Supreme Court removed Judge Fleischman from office on the publicly announced grounds of having given legal advice to Andre Agassi in a Nike shoe contract negotiation. I believe the Arizona Supreme Court removed him from office following his secret conviction in the Supreme Court’s historic exercise of supervisory jurisdiction to clean up official corruption in the courts. 191 The underpinnings of the CR-24054 criminal charges were that I deprived Admiral of Kinney’s honest and faithful services by paying loan brokerage fees to him for the financings he made possible. The deprivation of an employee’s honest and faithful services is the theory of criminality retroactively proscribed by McNally, supra. The Arizona Legislature did not criminalize this conduct until June 1989. Ergo, it was a constitutionally proscribed ex post facto charge. No doubt about it.

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agreed to sign a $100,000 appearance bond insuring my court appearances; I was required to sign a $1,000,000 bond. That was for show; so the newspapers could print I was released on a million dollar bond. Everyone knew I had no assets; I was in Chapter 11. My father-in-law shook my hand upon my release from custody. He harbored no ill feelings I clandestinely married his daughter.

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Chapter 16 Pima County Cause CR-24054 If you have never been charged with a crime, particularly one or more felonies, then you might not be able to relate to what I am about to share. After Judge Meehan released me from custody on November 22, 1988 I noticed my own existence seemed to take on a new appearance. It is as if you are branded. The presumption of innocence does not exist in the constitution, per se; moreover, it does not exist at all. The presumption of innocence is a lie. It isn’t that I was feeling guilty. I was feeling unclean. Walking around on the planet charged with crimes makes you feel unclean. Judge Fleischman had signed an Order for my arrest predicated on an affidavit of the investigator for Deputy Pima County Attorney Alan Davidon.

Davidon turns out to be a

scurrilous, lying officer of the court you will come to know a little better in the next few pages. The November 21, 1988 charging document is called an “Information”; it was not an “Indictment.”192 There was no grand jury proceeding leading to my being charged with crimes. When the prosecutor charges by Information it means the defendant is held over for trial only after a preliminary hearing where the prosecutor presents evidence as to the elements of the offense that allegedly leads the preliminary hearing judge to ascertain whether there is sufficient evidence to warrant a trial on the merits.

192

I believe criminal prosecutions initiated either by Indictment or Information are designed to unfairly comment on the evidence. The notion that a grand jury stands between the prosecutor and the falsely accused is a lie. In my experience, the grand jury rubber stamps the prosecutor’s actions. It is intended to give credence to the prosecutor’s decision to charge. For these reasons, charging by any process invoking some evidentiary showing ought to be constitutionally proscribed. All the prosecutor can simply file a complaint; and the litigation, including a trial on the merits, can proceed from that point. That way, the prosecutor does not gain comment on the evidence to underscore his or her prosecutorial decision. Then, if it is determined the prosecutor brought baseless charges, he or she ought to be civilly and criminally liable for the prosecutorial decision. In many white collar cases, the distinction between fraud and an otherwise legitimate business transaction turns solely on the intention of the defendant; particularly when matters turn out worse than expected. This characterization postures such criminal charges as potentially politically or corruptly motivated as we see here.

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It was reasonably foreseeable that my trial on the merits would not transpire in the near future.

As a result, it is more likely than not the Pima County Attorney charged me by

Information to show the public my criminal prosecution was warranted and it was appropriate that the JNC bankruptcy estates were liquidated on the Dale Myers basis of accounting. You have to bear in mind one important factor. By the time I had been charged with crimes by Information in November 1988, both federal district judge Bilby and superior court judge Fleischman had digested the information content of Admiral’s Exit Interviews in camera notwithstanding Zolin’s mandate. They had both received them on that basis on or about June 1988. Since Admiral intentionally orchestrated the Exit Interviews to educate the local powers that be as to judgments it needed in the JNC litigation to protect its interests, and were willing to pay millions to obtain them, it follows that my being charged by Information furthered the cause to fleece the JNC bankruptcy estates of their $200 million in assets. This was necessary to make a showing that Admiral had been defrauded by me and to justify releasing the JNC limited partners from their obligations to pay under the terms of their subscription promissory notes. The media would make sure the public understood Admiral’s view of the world. Admiral’s plan was to share its losses with its reinsurers in the then forthcoming reinsurance arbitration. Admiral would be sorely disappointed. The reinsurers would only be required to pay 10% of their exposure; saddling Admiral with 90% of the reinsured risk under its financial guaranty bonds. Judge Meehan set my preliminary hearing for April 1989. He assigned the case to superior court judge Bernardo P. Velasco. Following my summer 1995 catharsis orchestrated by the Supreme Court through the Arizona Court of Appeals, my ensuing brief detailing the

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corruption leading to my criminal conviction alleges Judge Velasco to be among the Pima County Superior Court judges bought and paid for by the Berkley and Admiral checkbook. Ted Kinney was also charged with crimes in the matter of the CR-24054 Information. Specifically, he was charged with commercial bribery resulting from Admiral’s deprivation of his honest and faithful services. Ted Kinney was an Admiral shill in the criminal proceedings. Eventually, he would enter a plea agreement and serve six months in prison at the Arizona Department of Corrections minimum facility in Winslow, Arizona. However, I believe that was just window-dressing to ensure my conviction. I allege Admiral paid Kinney for agreeing to serve six months in prison to further its litigation position. Only disclosure of the Supreme Court’s exercise of supervisory jurisdiction and its conclusions regarding this theory will vindicate this allegation. Kinney also had an important role in the April 1989 preliminary hearing; it wasn’t a role that would be fulfilled in court. It was a role that would be fulfilled on the courthouse steps: he would convey the Berkley threat on my life.

The Preliminary Hearing The CR-24054 Preliminary Hearing transpired in April 1989. It lasted for about a week. Every day brought a new accounting in the Tucson newspapers; the story receiving nearly top billing on a daily basis. It speaks to the presence JNC had created in the small desert town. You plop down $130 million in New York it scarcely creates a ripple; however, in Tucson you’re a mover and a shaker. The CR-24054 theory of criminality permeating all thirty-two felony charges was that the fees Kinney received for providing loan brokerage services deprived Admiral of his honest and faithful services. A key element of the commercial bribery charges was that Kinney acted without his employer’s consent. Kinney knew he had his employer’s consent but did not share - 237 -

that fact with me because, from summer 1985, Admiral wanted me to believe I was acting illegally following Beren’s advice to stop paying Kinney loan brokerage fees. Admiral wanted a stranglehold over my perception of my own integrity for its litigation advantage. It paid Beren to ensure as much. The key preliminary hearing witnesses Davidon called with an eye toward having me bound over for trial included Donna Anderson and Tim Shaftel. Donna was the loan broker Kinney originally referred me to in the very first Admiral guarantied financing with Anchor Savings in Kansas City. Thereafter, Donna became the principal loan broker for JNC’s Admiral guarantied financing transactions. Moreover, following the summer 1985 hiatus in transacting such financings, Donna agreed to pay Kinney his 0.5% commission for providing loan brokerage services to the JNC partnerships. Tim Shaftel, of course, was my partner in JNC until he left in early 1987. Tim and Donna shared a particular commonality evidencing Davidon’s prosecutorial underhandedness exercised in concert with Judge Fleischman: abuse of Arizona’s grand jury process.

The 83-GJ-008 Grand Jury I was shocked to learn that one of the Pima County 83d Grand Jury members was Betty Bouchard. Betty was a JNC limited partner and the aunt of JNC executive Steve Brigham, who together with his wife Lindsey, were JNC limited partners. Imagine that, no one ever raised the issue of a grand juror’s conflict of interest. Betty Bouchard was represented by B. Anne Maxey, an attorney for Hecker, Phillips, and Hooker, one of the two JNC limited partner litigation groups. That’s only the beginning of the grand jury abuses in the JNC litigation. The single most significant abuse of the grand jury process involved Davidon parading witnesses before Pima - 238 -

County Superior Court judges (the then late John G. Hawkins in the case of my former wife, Renee M. Jenkins; and, Judge Fleischman in the case of Donna Anderson, Ron Anderson, and Tim Shaftel) to obtain grants of use-immunity to enable use-immunized testimony for the benefit of my adversaries in the federal JNC civil and bankruptcy litigation. That is, Davidon paraded the four witnesses before the foregoing superior court judges, obtained grants of use immunity, and then took the four witnesses, not before the 83d Pima County Grand Jury, but to law offices of attorneys representing my adversaries in the federal JNC civil and bankruptcy litigation. I would revisit this violation of public policy within a few years in a bankruptcy adversary proceeding I brought against Admiral in a showdown with United States District Judge William D. Browning. Wait, I’m not done with the Pima County 83d Grand Jury abuses. Davidon subpoenaed the Exit Interviews from Admiral in the 83-GJ-008 investigation in June 1988. Moreover, Judge Fleischman issued an Order “unsealing” and releasing the use-immunized 83-GJ-008 statements of Donna Anderson and Ron Anderson and released same to Admiral and the JNC Admiral guarantied note lenders; substantively as a quid pro quo confirming the strategy to impart the Exit Interviews. The Great State of Arizona has a great grand jury system well controlled by the Pima County Superior Courts. In July 1988, JNC outside counsel Peter D. Beren appeared before Judge Fleischman in the alleged 83-GJ-008 grand jury proceeding and was granted use-immunity.

Beren then

provided testimony.193 At the time, there was no complaint filed in CR-24054, no one raised the notion that Beren’s testimony, use-immunized or not, would be subject to the attorney-client privilege inasmuch as I was an individual general partner in all JNC partnerships, and no one 193

Beren had a duty to place himself in contempt of court to protect the attorney-client privilege until the matter was finally determined in proceedings involving the owner of the privilege – me.

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raised the issue that that privilege had been eviscerated by the crime-fraud exception to the privilege. The arrangement is a testament to Beren’s complicity with Berkley and Admiral and the favored status he would receive in the JNC criminal prosecutions. While Beren would ultimately testify against me during my CR-43071 trial, he did not testify against me during the CR-24054 preliminary hearing.194 I was represented at my preliminary hearing by the Public Defender, Harold Higgins. Harold had always been a government-employed attorney; first employed by the Pima County Attorney and then by the Public Defender’s office. Harold was a legal milquetoast.195

The Extortionate Threat on My Life During one of the preliminary hearing court recesses, Kinney and I retired to the east balcony of the Pima County Courthouse for a smoke break. During the ensuing conversation, Kinney proffered the Berkley threat on my life, itself a predicate federal and Arizona racketeering offense, to wit: You know, this isn’t worth getting yourself killed over. With the kind of money that is at stake here, Berkley (referring to William R. Berkley) is the kind of guy who will have that arranged. I don’t understand why he didn’t just give you $50,000 and tell you to hit the road. You didn’t have any money when you started; and you don’t have any money now. Of course and as if you can’t figure it out by now, the purpose of the threat on my life was to intimidate me not to litigate Admiral’s knowing and willful unlawful transaction of substantive mortgage guaranty insurance.

194

Later and before my CR-43071 criminal trial in August 1994, I would pursue with Beren and his several attorneys the matter of retrieving his JNC legal files. Naturally, Beren’s JNC legal files could not be located by Beren or anyone else. They had gone the way of the Exit Interviews and the Arizona Corporation Commission’s S2361-I investigative records; they disappeared. 195

I had to do my own legal research that led to understanding the McNally intangible rights issue. Harold had no clue what the legal issues were that were involved in my criminal prosecution.

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First, had I done so and prevailed on the merits, Admiral would have been obligated to pay the JNC note lenders the $65 million it guarantied they would receive while, at the same time, Admiral would be proscribed from seeking redress in equity or at law for remedies under the limited partner subscription promissory notes or the JNC indemnity agreements.

This is

what led to the $65 million windfall in the JNC bankruptcy proceeding over which the local powers that be scrambled to get a piece of at my expense. But, the big problem for Berkley and Admiral was the Berkley failure to disclose Admiral’s violation of the Federal Travel Act in its 1985 and 1986 securities offerings where it raised approximately $150 million from capital market investors in their scheme to effect a financial bail-out from the insurance industry crisis of the late 1970s and early 1980s. In the face of those consequences, what the hell was a little threat against my life? Davidon’s Preliminary Hearing Lie At the outset of the CR-24054 preliminary hearing Davidon moved to dismiss JNC from the criminal prosecution on the grounds that the charged offenses require a proof of mens rea for conviction and that the trustee-in-bankruptcy was unwilling to enter into a plea agreement on behalf of The JNC Companies, an Arizona corporation, where scienter was an element of the offense. The CR-24054 Information had charged 18 counts of commercial bribery in violation of A.R.S. §13-2605, 1 count of fraudulent schemes in violation of A.R.S. §13-2310, 12 counts of securities fraud in violation of A.R.S. §44-1991, and one count of Arizona racketeering. All such counts required proof of a mens rea element. The preliminary hearing judge granted the motion. The testimony taken during the April 1989 CR-24054 was all toward making a showing Kinney had received loan brokerage fees for providing such services to the JNC partnerships - 241 -

without his employer’s consent, and that his employer had suffered an economic loss thereby; the essential elements of a commercial bribery offense under Arizona’s commercial bribery statute. During the preliminary hearing, Davidon argued the point with Judge Velasco that binding me over for trial was supported by the Sixth Circuit’s Runnels decision.196 In Runnels, the Sixth Circuit’s three judge panel relied on Justice Stevens’ dissenting McNally opinion in carving out an exception to the intangible rights doctrine proscribed by the Supreme Court as ever having been embraced by the federal mail fraud statute. However, Davidon failed to tell Judge Velasco that the Sixth Circuit, sitting en banc, reversed the three judge panel.197 As a result, Judge Velasco held me over for trial on a theory of criminality grounded in false legal support.

Bound over for Trial Specifically, Judge Velasco held me over for trial on the Information’s 18 counts of commercial bribery and the Information’s one count of fraudulent schemes. Judge Velasco dismissed the 12 counts of securities fraud and one count of Arizona racketeering for want of evidence. By dismissing the securities fraud counts, Judge Velasco denied Berkley and Admiral their most important objective:

a judgment that the JNC limited partnership transactions

involved the issuance of securities. Such a judgment would be consonant with the facts and circumstances associated with Admiral issuing financial guaranties insuring equity investments in real estate limited partnerships; a purported safe harbor from a judgment Admiral had unlawfully transacted substantive mortgage guaranty insurance.

On the other hand, an

adjudication that the JNC limited partnership transactions substantively involved syndication of 196

See, United States v. Runnels, 883 F.2d 1183 (6th Cir. 1987).

197

See, United States v. Runnels, 877 F.2d 481 (6th Cir., En Banc, 1989).

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partial loan guaranties and not securities would be consonant with the notion that Admiral had unlawfully transacted substantive mortgage guaranty insurance. By dismissing the securities fraud counts at the end of the preliminary hearing for insufficient evidence, Judge Velasco was sending an informal information signal to Berkley and Admiral from the local powers that be: more money. That is, the local powers that be were shaking down Berkley and Admiral for an increase in the amount of bribes to be conveyed in consideration of the important judgments. Following Judge Velasco’s decision to bind me over for trial in Pima County Cause CR24054, I made a decision. I would invest my own time and effort in doing legal research to fully understand my criminal case. After all, who would have a greater interest in defending me? I would hate to get convicted and not have done any research to ensure my interests were protected. As it turns out, the decision to undertake my own effort in researching my case was worthwhile.

The Intangible Rights Doctrine Motion to Dismiss Between being bound over for trial in April 1989 and June 1989 I spent many hours in the University of Arizona law library. I was a tax professor by education and experience. Through that undertaking I had learned to accomplish legal research in the law library. Though I never had occasion to research criminal law issues, I now had an incentive to do so. The first thing I researched was the court decisions Davidon proffered to Judge Velasco to induce the judge to bind me over for trial. I can’t tell you how shocked I was to find Davidon had proffered the legal authority of a federal appellate decision that had been overturned by the circuit’s own en banc court as the principal authority for binding me over for trial.198 The

Recall my earlier discussion about a federal appellate court’s en banc proceeding. It is an intermediate review between the three judge appellate decision and a Petition for Writ of Certiorari in the Supreme Court of the United States. 198

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Runnels decisions centered on the Supreme Court’s decision in McNally v. United States, 483 U.S. 350 (1987).

The McNally decision involved something called the “intangible rights

doctrine.” I had to learn what that doctrine involved in order to understand its application in my case. I read many decisions antedating McNally and learned the intangible rights doctrine issue had been presented to the Supreme Court for consideration in several cases before McNally; the issue reaching back into the 1930s. I learned there is a legal difference between intangible property rights and intangible rights. The former have always been protected by the federal mail fraud statute; even after McNally.199 However, the latter remains the heart of the McNally proscription. Specifically, the McNally holding is retroactive to the enactment of the federal mail fraud statute in the mid-1800s: it never embraced the deprivation of intangible rights such as an employer’s right to an employee’s honest and faithful services. 200 The nation’s law reviews reported McNally had the overnight effect of reversing hundreds of convictions and stopping dead in their tracks hundreds of ongoing prosecutions.

It is probably the most landmark

Supreme Court decision in the history of the federal mail fraud statute.201 I believed I had caught the Pima County Attorney at cheating in a well publicized preliminary hearing; one tangentially related to hundreds of millions of dollars of litigation ongoing in Tucson’s federal district and bankruptcy courts. In proper person, I filed a motion to 199

See, Carpenter v. United States, 484 U.S. 19 (1987).

The three judge Runnels appellate panel relied on footnote 10 of Justice Steven’s dissenting McNally opinion. There, Justice Stevens countenanced the loss of money an employer incurs for a dishonest employee’s salary as satisfying McNally’s tangible property requirement. The en banc Sixth Circuit didn’t buy the argument. 200

201 Later, I would bring to Tucson one of the law review authors who addressed McNally’s significance. He showed me correspondence he had exchanged with Justice White, McNally’s author. The author had wanted credit in McNally’s principal opinion for the intangible rights line of reasoning he had proffered in a law review article published before McNally. Justice White denied the need to include a citation to the author’s original intangible rights paper.

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dismiss. Davidon lied to the trial judge, I wrote. The case should be dismissed with prejudice. Moreover, the Arizona legislature, following Congress’s own ex-post McNally legislative action,202 criminalized an employer’s deprivation of an employee’s honest and faithful services in June 1989, two months after I was bound over for trial on that very theory of criminality: the heart of an ex post facto criminal charge.203 I was buoyed by my own research effort. Harold Higgins didn’t figure it out; I did. Davidon knew I had caught him in a lie. He took swift retaliatory action.

The CR-28738 Vindictive Prosecution Following the time I filed my CR-24054 motion to dismiss based on McNally’s proscription, Davidon raised the ante. He began a new criminal proceeding before the 92d Pima County Grand Jury against me in the matter of 92-GJ-356. This time he also targeted Stacia, my wife. He charged her with 35 felonies for the sale of unregistered securities. JNC and I were charged with a like amount of felonies, 283 in all. That’s right, following my CR-24054 Motion to Dismiss, Davidon returned to the grand jury seeking a further 283 felony charges against me; besides now attacking my wife. Does it smell of vindictive prosecution to you? The timing of the prosecution most likely also countenanced the Berkley and Admiral response to Judge Velasco’s dismissal of the CR-24054 securities fraud counts. That is, in the interim it appears Berkley and Admiral responded to the demand for an increased bribe by the local powers that be. The money must have changed hands. The CR-28738 Indictment was heavily ladened with securities violations; both the kind requiring scienter and the kind not 202 Congress criminalized the deprivation of an employee’s honest and faithful services in 18 U.S.C. §1346, a new federal criminal code section that became effective on January 1, 1988. 203

The Arizona Supreme Court had always recognized federal mail fraud decisions guide interpretation of Arizona’s fraudulent scheme statute inasmuch as the latter was adopted from the former.

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requiring scienter. The stage was set for the trustee-in-bankruptcy to enter a plea on behalf of JNC. On September 26, 1989 the 92-GJ-256 Indictment issued in Pima County Cause CR28738. Harold Higgins represented me. Stacia acquired separate public defender representation. Donald Gabriel agreed to appear an enter a not guilty plea on behalf of JNC. No one was taken into custody; Stacia and I had to appear before the court to be arraigned and enter our not guilty pleas. The JNC plea was a little different. According to the Berkley and Admiral scheme to get a securities offense conviction early on, Seefeldt appeared at the arraignment hearing to enter a JNC Companies plea of guilty on behalf of the trustee-in-bankruptcy. Seefeldt represented to the court that the bankruptcy judge authorized the trustee’s action. Donald Gabriel also entered an appearance on behalf of JNC, proffering a not guilty plea. The arraignment judge wanted nothing to do with the controversy. He substantively accepted the not guilty plea by referring the disputed matter to the appointed CR-28738 trial judge. That was the first time I had heard the bankruptcy judge authorized the trustee-inbankruptcy to enter a plea bargain to a state felony conviction on behalf of JNC. I hadn’t heard of the authorization prior to that time. The issue would be far from settled. The Arizona Court of Appeals would ultimately decide the issue in a published opinion. And, a most interesting party would find the bankruptcy judge’s hidden unlawful authorization; a party using its subpoena power in its search for the truth – the Internal Revenue Service.

The Petition for Special Action On October 10, 1989, Judge Velasco entered his Order in Pima County CR-24054 denying my June 1989 Motion to Dismiss on ex post facto grounds. Incredulous. What more - 246 -

clear presentation of a legal issue did the judge require? The Berkley and Admiral bribe money must have proved acceptable. The dismissal of the CR-24054 charges against me would have had significant consequences, namely – 1. First, the public would have been appalled that I had been held over for trial on an ex post facto criminal charge, especially based on Davidon’s knowing deceit, 2. Second, it would have postured the increased criminal charges against me and the inclusion of my wife as a criminal defendant as clear and unequivocal vindictive prosecution, and 3. Third, it would have buoyed my cause to reorganize the Chapter 11 JNC bankruptcy estates notwithstanding the illicit settlement between Admiral and the JNC limited partners, illicit because Admiral was proscribed from seeking remedies at law or in equity against the JNC limited partners owing to its unlawful transaction of substantive mortgage guaranty insurance. On counsel with Donald Gabriel, I learned about Arizona’s special action proceedings. Under Arizona rules of procedure, special actions collectively replace proceedings in extraordinary writs, such as mandamus, prohibition, and quo warranto. As a general rule, revisory courts are not obligated to exercise jurisdiction in matters arising under extraordinary writ jurisprudence.204

Only matters arising under appellate

jurisdiction invoke an obligatory exercise of jurisdiction and a decision on the merits. Donald

204 One exception to this general rule would surface in the CR-28738 criminal proceeding. Review of a denial of a double jeopardy claim before a criminal trial involves a case of mandatory exercise of extraordinary writ jurisdiction. Unfortunately, though, issues arising under the ex post facto clause do not require such a mandatory exercise of extraordinary writ jurisdiction.

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referred me to the Arizona Appellate Handbook’s discourse on preparing special action pleadings. Upon studying how to file a special action, I prepared one to seek review of Judge Velasco’s October 10, 1989 Order denying my June 1989 Motion to Dismiss the CR-24054 criminal proceeding on ex post facto grounds. I filed it in the Arizona Court of Appeals, Division Two. It would be my first such special action arising out of my criminal cases. Eventually, I would file a total of seven such special actions. The appellate court would exercise its extraordinary writ jurisdiction in four of the special actions; granting me relief on three occasions, once in a published opinion. I would lose the double jeopardy special action.205 We’ll talk about that proceeding later. In January 1990, I received an Order from the Arizona Court of Appeals, Division Two, declining to take jurisdiction in the ex post facto special action. I was shocked. Donald was shocked as well. He had said the special action briefs I prepared and filed were the best he had ever read. He then advised I should file a Petition for Review in the Arizona Supreme Court. That would become the first matter I filed in the Arizona Supreme Court. However, in May 1990, Arizona’s highest court declined to accept jurisdiction over the ex post facto law issue. It is a lonely feeling when the Great State of Arizona’s appellate courts deny justice. The Arizona Revisory Courts’ Denial of Justice In hind sight, it appears the Arizona appellate courts declined taking jurisdiction over my ex post facto issue and denied relief I deserved because of the Supreme Court’s exercise of 205 I believe I should have won the Double Jeopardy action. The theory was that since JNC and I were charged with the same crimes, and I controlled JNC, the dismissal of charges with prejudice against JNC was substantively a dismissal with prejudice of charges against me as well. Extant decisional law supported this theory. I believe I was denied relief on this issue by Arizona’s revisory courts and the Supreme Court of the United States because I was already a ward of the Supreme Court’s supervisory jurisdiction.

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supervisory jurisdiction over my person and property. That is, by 1990, I had already become a ward of the High Court’s historic exercise of jurisdiction tantamount to judicial martial law. It transparently directed the denial of justice in furtherance of allowing the corruption to prosper; a prosperity intended to lead the Supreme Court into battle with ICMC official corruption. This single act of the denial of justice deserved proved among the most costly for me, personally. I lost my freedom, my property, and my wife; proximately caused by this denial of justice and all for an interest I did not understand at the time. I only believed the courts could not be trusted; no matter how many lives had been lost defending this branch of America’s government.

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Chapter 17 Federal Judicial Corruption in the JNC Litigation Many things happened in the JNC federal civil and bankruptcy litigation from 1987 through 1996 that are symptomatic of the federal judicial corruption I experienced in the JNC litigation. The federal judicial corruption in the JNC litigation, in concert with the Supreme Court’s supervisory powers strategy to allow the corruption to flourish in furtherance of its objective of correcting the more global ICMC orchestrated official corruption, proximately caused my personal losses of freedom, property, and my marriage to Stacia. As you read this chapter, you will probably shake your head in astonishment. I often comment today that U.S. interests lament and condemn rampant corruption in other countries. The difference is that corruption in the United States is more sophisticated, more oblique, and sometimes hard to trace. We should clean our own dirty laundry before we point judgmental fingers. The days of shoe boxes stuffed full of cash are all but gone in America. Although only the Supervisory Powers Court has all the details, I suspect it learned how bribery payments transpired as it convicted one public official after another in its domino-like chase of the ICMC hierarchy.206 Of course, with the ICMC as the primary orchestrator behind federal judicial trial court corruption, I theorized a prevalent bribery scheme involved investment advantage.

206 Following the summer 1995 catharsis orchestrated by the Supreme Court through the Arizona Court of Appeals and my October 1995 Petition for Special Action filed in the Arizona appellate court, I received an informal information signal I came to translate as the first conviction based on the allegations, facts, and circumstances contained in my petition. I theorize that it was my spelling out the information content of the Exit Interviews that enabled the first conviction. I would later conclude that first conviction was Pima County Attorney Stephen D. Neely. I imagined the Supreme Court’s supervisory powers prosecutors explained to Neely that if what I alleged was in the Exit Interviews was actually their content, Neely would face long-term imprisonment for federal and Arizona racketeering. Under such pressure, Neely probably accepted some kind of immunity deal that included an explanation as to how the bribes went down and his “fingering” other corrupt public officials. Neely’s threshold supervisory jurisdiction conviction began the domino-like cascade that would ultimately lead the Supervisory Powers Court to the ICMC hierarchy. According to local newspaper accounts and a month before his term expired in 1996, Neely resigned from office and moved to New Zealand.

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Whenever public officials enjoy an investment financial advantage, either in acquisition, disposition or both, there is a non-zero likelihood that the advantage derives from a bribe payoff. It is inherently related to the ICMC’s exercise of its economic muscle. The JNC litigation promised a higher pay-off than usual for the local powers that be whose resumes reflected skill and experience in official corruption undertakings. Corruption in the JNC litigation was rampant due to the economics wrought by Admiral’s unlawful transaction of substantive mortgage guaranty insurance and its Exit Interviews confession.

The Economics of Official Corruption in the JNC Litigation The approximate book value of the JNC partnerships at the time of the September 17, 1997 Chapter 11 filing was --

JNC Partnership Book Values September 17, 1997 Assets

Liabilities First Tier $ 65 Million Second Tier-Admiral 65 Million

$200 Million

Total Liabilities

$130 Million

Partnership Equities $ 70 Million - 251 -

As the values indicate, the partnership book value equities approximated $70 million while, at the same time, two types of debt comprised the $130 million of partnership liabilities. Conventional institutional debt in the amount of $65 million comprised the first debt tier while the liabilities insured by Admiral Insurance Company comprised the second debt tier. If the Admiral insured debt involved the unlawful transaction of substantive mortgage guaranty insurance the legal consequences under extant Arizona decisional law would be that while Admiral would be required to make its financial guaranty payments to partnership creditors, thereby eliminating the partnerships’ debt, its ability to pursue remedies at law or in equity would be proscribed as a result of its violations of public policy. The book values restated for this effect are as follows:

JNC Partnership Book Values September 17, 1997 Assets

$200 Million

Liabilities

Total Liabilities

$ 65 Million

Partnership Equities $135 Million

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In my habeas corpus proceedings, I made a Zolin showing by alleging Admiral and others knowingly and willfully prepared the Exit Interviews in furtherance of committing a crime, particularly to bribe public officials so that Admiral would receive legal judgments in support of its position. I allege Admiral used the Exit Interviews to educate public officials about the prospect that certain judgments could result in an adjudication that (i) Admiral engaged in the unlawful transaction of insurance when it issued the JNC Partnerships’ financial guaranty bonds; and (ii) as a result of the violation of public policy it would be obligated to make payments to the third-party creditors and would be foreclosed from pursuing legal remedies under limited partner, general partner and partnership indemnification agreements. I allege Admiral so knowingly and willfully engaged in such unlawful insurance transactions to aid and abet its parent company’s financial bail-out following the insurance industry crisis of the late ‘70s and early ‘80s. I further allege Admiral was willing to essentially give up its claims against the JNC Partnerships in favor of judgments that cemented its position that it had engaged in the insurance of equity contributions to real estate limited partnerships and not that it had substantively engaged in the unlawful transaction of mortgage guaranty insurance. Admiral was only at risk on 10% of the $65 million of JNC Partnership financial guaranties inasmuch as 90% of the risk had been reinsured by other sureties. Admiral had an eye toward collecting that 90% in the foreseeable arbitration between it and its reinsurers.207 The restated book values, assuming Admiral’s legal remedies are proscribed by public policy, indicates that nearly $135 million of book value assets were available to local public officials for entering judgments in favor of Admiral’s position. I allege the trustee in bankruptcy 207

Admiral eventually lost its case against its reinsurers in arbitration. I believe the outcome of the reinsurance arbitration required the reinsurers to pay only 10% of the amount they could have been required to pay.

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sold the partnership assets to third parties for a little over the $65 million in first tier liabilities to further the appearance the JNC partnerships’ assets were worthless. Who really benefited from the trustee's under-valued sales of the several JNC properties remains to be seen when the Supervisory Powers Court discloses as much. Had the trustee in bankruptcy sold the assets for a greater amount then questions concerning why the partnerships had not been reorganized may have led to detecting Admiral’s criminal motive for securing judgments in its favor. As a result, the trustee did not pursue all remedies available under the bankruptcy laws to maximize the values realized by the bankruptcy estates; Boice, too, had been bought and paid for by the Berkley and Admiral bribery machine. My interest in reorganizing the JNC Partnerships had to be quashed in the face of the corrupt scheme to aid and abet Admiral covering up the W. R. Berkley Corporation scheme to effect a financial bail-out through knowing violations of public policy.

I never caved in,

however; that is why I was charged with 375 felonies in three separate criminal cases. The corrupt federal judicial bench in Tucson had been educated by the Exit Interviews submitted to Judge Bilby in June 1988. The Exit Interviews substantively valued Admiral’s need to have judgments entered in its favor protecting it against an adjudication it had unlawfully transacted substantive mortgage guaranty insurance in the state of Arizona, crossing state lines to commit a misdemeanor on at least thirty-eight occasions. Gold surely glimmered in the eyes of Tucson’s corrupt federal judiciary.

Admiral would get the securities law convictions it

desperately needed to protect the Berkley and Admiral interests at stake; interests implicating their very existence and just how the ICMC controls the federal judiciary at the trial court level through bribery.

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The Scheme to Plea Bargain JNC During the CR-24054 preliminary hearing, Davidon moved to dismiss JNC from the case for the ostensible reason the trustee-in-bankruptcy refused to enter into a plea agreement on behalf of JNC where the state felony offense involved mens rea or scienter. Judge Velasco’s preliminary hearing Order bound me over for trial on offenses not involving securities violations, per se; he had dismissed all the securities offenses. Both actions amounted to an informal information signal that in order to get what they wanted, Berkley and Admiral had to up the bribery ante. It is transparent the increased bribery reward, the release of the JNC limited partners, and the Exit Interviews in camera reviews were inextricably related as all the corrupt agreements were in place by June 1989. Davidon then returned to the grand jury to deliver the Pima County Attorney’s corrupt end of the bargain. JNC, Stacia, and I were charged with a plethora of securities offenses. Berkley and Admiral were sure to have their securities violation judgments. A monkey wrench was thrown into the corrupt machinery’s slaughter of the JNC empire. No one counted on Donald Gabriel’s September 26, 1989 CR-28738 arraignment appearance on behalf of JNC; his appearance unilaterally stopped the securities violation judgment scheme dead in its tracks. Since both Ralph E. Seefeldt and Gabriel appeared for JNC, the arraignment judge didn’t know what to do; so he entered a not guilty plea for JNC and advised the presiding superior court judge would resolve the appearance issue and whether the trustee-in-bankruptcy could plea bargain JNC to a state felony conviction over my objection. Over the ensuing months, Seefeldt told me the bankruptcy judge had authorized Boice, in his capacity as trustee-in-bankruptcy, to enter into a plea bargain on behalf of JNC in the state criminal proceeding. The intended offense to which Boice would plead JNC would be for the

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sale of unregistered securities; a state felony involving a securities violation and not requiring mens rea as an element of the offense. I searched the several JNC bankruptcy court dockets and could find no Order entered by Judge Lawrence Ollason, the presiding Bankruptcy Judge, whereby he authorized Boice to enter into the plea agreement. I couldn’t even find where a motion for such an Order had been filed by Seefeldt. On or about July 1990, Seefeldt and Gabriel both appeared in Pima County Cause CR28738 as the issue of JNC’s plea at the hands of Boice came to a head. Seefeldt argued before Pima County Superior Court Judge Thomas Meehan that the bankruptcy judge had authorized the trustee in bankruptcy to enter into a plea agreement with the Pima County Attorney on behalf of JNC to a criminal securities law violation. Gabriel argued that I, as controlling shareholder, objected to the plea agreement. Gabriel further argued the bankruptcy judge lacked jurisdiction to enter such an Order on federalism grounds.208 Finally, Gabriel suggested Judge Meehan allow him to take the issue to the Arizona Court of Appeals in the event there was any doubt in Judge Meehan’s mind as to the proper course of conduct. Judge Meehan announced his intention to set the matter up for decision in the Arizona Court of Appeals, Division Two. Judge Meehan entered an Order authorizing the trustee in bankruptcy to enter into the plea agreement on behalf of JNC, over my objection, but stayed the Order pending determination of the ensuing Special Action proceeding by the revisory court. Subsequently, the Arizona Court of Appeals, Division Two, entered its opinion in the matter proscribing the bankruptcy judge’s interference in the state criminal proceeding and vacated Judge Meehan’s order authorizing the trustee in bankruptcy’s JNC plea agreement

208

See, Younger v. Harris, 401 U.S. 37 (1971).

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scheme.209 The opinion was written by Appellate Judge John Roll who would shortly thereafter become appointed United States District Judge, later becoming the Chief Judge of the Tucson Division of the United States District Court for the District of Arizona. I had written all the briefs filed by Gabriel on behalf of JNC in the special action. Judge Roll’s opinion agreed with every argument I advanced.210 Following the foregoing opinion of the Arizona Court of Appeals, Division Two, the Pima County Attorney filed a motion to dismiss with prejudice all charges pending against JNC in Pima County Cause CR-28738. The then presiding Pima County superior court judge did not require the Pima County Attorney to articulate the reasons for the dismissal with prejudice on the record, contrary to the Arizona Rules of Criminal Procedure. However, the reasons for the dismissal remained deafening.

The Bankruptcy Judge Retaliates The foregoing Arizona Court of Appeals decision was published on August 16, 1990 and was certain to have publicly humiliated Judge Ollason; it was cast in stone in the annals of legal history. It didn’t take long for Judge Ollason to retaliate against me, personally. At the outset of the JNC bankruptcy proceedings, Boice advised me he, in his capacity as trustee-in-bankruptcy for the JNC Chapter 11 estates, had no interest in taking away from me my University of Arizona season football and basketball tickets. As a result, Stacia and I continued

209

See, The JNC Companies v. Meehan, 165 Ariz. 144 (August 16, 1990).

210

This is an important point inasmuch as I wrote all the briefs Gabriel argued before the Arizona Court of Appeals, where my pre-criminal trial special action batting average would have put me in the major leagues of brief writing. However, my fortunes were not as prosperous in the United States Court of Appeals for the Ninth Circuit or the Supreme Court of the United States. It wasn’t that my arguments became weaker; I was just making them in the face of the historic exercise of supervisory jurisdiction and, accordingly, didn’t stand a chance. I would have to be slaughtered in the federal courts in favor of the exercise of supervisory powers to correct illegal conduct in the courts; all towards the end of secrecy.

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to pay the annual seat premium and the face value for the pair of season football and basketball tickets I yet held from the original sixteen tickets once owned by me in the height of JNC’s success. The seats were coveted. The basketball program prospered under Lute Olson. Indeed, the basketball team even went to the Final Four for the first time in University of Arizona history in 1988.211 I had served on advisory boards for both the football and basketball programs; not because I was some genius. It was always about money; how much you contribute to university athletics determines your status. The two remaining season tickets Stacia and I maintained surely annoyed others who most likely took the view that when folks are charged with such numerous felonies, their presence at the sporting events in such prime seats is not welcome. My football seats were in the premium Wildcat Club area; the basketball seats practically behind the Arizona bench. Surely, during basketball season, Stacia and I were caught on TV many times as the television cameras panned the Arizona bench. Ma and Pa Barker’s presence must have pissed off the powers that be. The way the University of Arizona season ticket program operates is that you must renew each year; else, your seats are forfeited and others will become their new owner. Since the time Boice had advised me he had no interest in the seats, not one but three seasons had turned over. Had Stacia and I not renewed the seats each of those three intervening years, they would have

211

My Mother, Lois, and sister, Cheryl, used my allocation of tickets to travel to the Final Four that year. In the height of my relationship with the University of Arizona athletic department, I had received pairs of tickets from Cedric Dempsey, the Athletic Director, to attend four prior Final Four events. Kinney and I attended the 1985 Final Four at the University of Kentucky when Villanova upset Georgetown in the final game. I thought it more fun for my Mother and sister to attend the 1988 event. So they made the Final Four trip that year. It was held in Kansas City, Missouri.

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been lost. As a result, I figured there was no property interest the bankruptcy estates could claim. They had forfeited their interest in the seats on Boice’s action. That didn’t stop Mo Ollason. His fanny blistered by the Arizona Court of Appeals’ published opinion authored by Judge Roll, he reached out for a means to strike back at me. On his own motion, Judge Ollason entered an Order directing Boice to confiscate my season tickets and sell same at a public auction. Boice, of course, followed Ollason’s Order. The auction was scheduled for late October 1990. Since the Ninth Circuit had granted Admiral emergency mandamus relief over the Exit Interviews in 1989, I decided to follow that course of action. I believed I had nailed down multiple legal issues where relief on any of the issues would have brought Ollason’s retaliation to a screeching halt. After all, I was still heady from my sweeping victory over Ollason’s underhandedness in trying to authorize the trustee-in-bankruptcy to plea bargain JNC to a securities violation felony conviction in the state criminal proceeding; I beat his ass on all points, some of which were very complex. I filed a Petition for Emergency Writ of Mandamus in the United States Court of Appeals for the Ninth Circuit and petitioned the appellate court for an emergency stay of the auction proceedings. I knew in my heart of hearts I had accomplished champion level legal research and appropriately framed all necessary legal issues, providing a landslide of decisional law in support of my several positions. The Ninth Circuit didn’t see it my way. The appellate court denied the request for the emergency stay and allowed the auction to proceed. I had to share the news with Stacia and her parents that evening. It was her birthday dinner at a great French restaurant in Tucson, Le

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Rendezvous. I was hard pressed not to ruin her birthday dinner with my fury over the denial of justice I would have bet my life was mine. The Ninth Circuit let Ollason smirk his victory across the local media. The auction took place on a Saturday morning. I sucked it up and attended the auction. Lord Ollason presided. Boice was there, cowardly as ever. The combined football and basketball season tickets sold for $11,500. It was the first such auction in a federal bankruptcy court anywhere in the United States. Stacia’s cousin’s husband, Jay Dow, called me from South Bend, Indiana early the next week and said, “Hey, did you know you made the USA Today?” I learned that the national newspaper gave a small blurb to the auction on the front page of its Sports section. The blurb named Lord Ollason and me. Notwithstanding my emergency stay loss, I continued prosecuting the appeal. I don’t quit, save when Madam Justice O’Connor threatened to sanction me in a later Supreme Court Petition for Writ of Certiorari. In the course of preparing for the appeal, I asked the University of Arizona Athletic Director’s Office what the University’s position would be on the matter. The Assistant Athletic Director advised the University would not file briefs or take a position in the matter. They didn’t hesitate to ask me for money when they needed it. The cowards were hiding, no balls there; no matter how tough they wanted their athletic image to be.212 Needless to say, I didn’t get any relief in the Ninth Circuit in the appeal. Undeterred, I filed a Petition for Writ of Certiorari in the Supreme Court of the United States. It would be the first of four such petitions I would file in the High Court. In preparation, I read a book about how the Supreme Court operates. It has archaic rules for filing briefs; a requirement they be 212

On return home from prison in October 2004, I later learned that such bankruptcy court usurpations of athletic event tickets had become proscribed by the federal revisory courts. A Randall memento from the supervisory jurisdiction hierarchy, to be sure.

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prepared in a small pamphlet format. The Supreme Court, as it has in the matter of all my petitions filed in Washington, D.C., denied taking jurisdiction over the case. Understand, it already had supervisory jurisdiction over me and my property interests, preempting any exercise of any other form of jurisdiction in matters involving me or my property interests. Since being released from prison, I have been to three University of Arizona football games, all in 2008. I lost my interest in University of Arizona athletics; the sour taste written by the institution’s cowardly conduct in the heat of battle. It had a policy interest at stake in my appeal involving its athletic event tickets and it chose to be silent. Don’t get me wrong, I still have alma mater heart string tugs. Those athletic department assholes don’t own my school. Mo Ollason took a big public swing at me in the athletic event ticket auction. However, karma would be on my side. A most unusual litigation ally would appear and find Ollason’s secret action to authorize the JNC plea bargain. That ally was the Internal Revenue Service.

The Internal Revenue Service and the Bankruptcy Court Judge Beginning in summer 1991, the Internal Revenue Service conducted an audit of all JNC limited partners and the federal income tax consequences to the limited partners resulting from Admiral Insurance Company releasing the limited partners from the obligation to pay their subscription promissory notes.

Through JNC limited partners William M. and Dianne B.

Stephens, I was able to learn about the initial audit investigation. Thereupon, I contacted the Revenue Agent in charge of the audit, Richard Rich. From the summer of 1991 through November 1991, when the Revenue Agent filed his report and redetermined the JNC limited partners’ federal income tax obligations, I observed the audit progress. My participation included a visit to the Internal Revenue Service offices in Tucson where I was introduced to Rich’s superiors. - 261 -

The JNC limited partnership financing arrangement resulted in bountiful tax consequences for the limited partners. During partnership operations prior to the September 1987 Chapter 11 tax filings, the JNC limited partners enjoyed tax losses without having to invest cash in the limited partnerships. Briefly, a partner would subscribe to a partnership by signing a promissory note, say, for $100,000. The offering memorandum disclosed that while it was an objective of partnership operations that the limited partner would receive distributions from the partnership to pay interest and principal payments under the terms of the promissory note, in the event the partnership was unable to do so the limited partner was nonetheless obligated to make such payments.213 During the 1991 audit, IRS Revenue Agent Richard Rich confirmed he believed I had fashioned a brilliant tax shelter scheme. I didn’t bite. I told him the truth: Financing drove the tax consequences. That’s how brilliant legal tax shelters are born. To this end, the IRS audit of the tax consequences to the JNC limited partners resulting from Admiral Insurance Company releasing the limited partners from their obligations to pay their subscription promissory notes became a bribery target inasmuch as administrative judgments entered by the IRS had the same potential to reveal the Admiral/Berkley criminal conduct as judicial determinations. The Revenue Agent’s report filed in the matter of two test cases redetermined the JNC limited partners’ tax obligations to include debt relief income, determining under the authority of OKC Corp. v. Commissioner, 82 T.C. 638 (1984) that the exclusionary provisions of 26 U.S.C. §108 were inapplicable to the facts of the Admiral

213 This arrangement was well known to Admiral Insurance Company and the several lenders inasmuch as it was frequently the case that parts of the partnership financing proceeds were set aside in escrow as an interest reserve for payments of the limited partners’ interest payment obligations under the terms of the promissory notes. This is among the factors that characterize the financing arrangement as substantively involving the syndication of partial loan guaranties and not the syndication of equity investments.

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settlement agreement with the JNC limited partners that resulted in the latter’s release from their obligations to pay their limited partnership subscription promissory notes. As a result, the JNC limited partners collectively faced nearly $65 million in debt relief income. In the test case not involving the Stephens, the IRS Appellate Conferee entered a determination that the JNC limited partners had been defrauded in their subscription of the their partnership interests at a time when no adversarial proceeding had resulted in such a determination. In my Petition for Writ of Habeas Corpus filed in the Supreme Court of the United States in 1998, I alleged the IRS appellate conferee took a bribe from the Berkley and Admiral bribery machine in consideration for reversing the Revenue Agent determination. In the course of its 1991 Revenue Agent audit of the JNC limited partners’ debt relief income tax consequences, the investigating revenue agents obtained the voice transcript recording of the United States Bankruptcy Court for the District of Arizona, Tucson Division for proceedings before Bankruptcy Judge Lawrence Ollason. The revenue agents informed me they were looking for the proceeding in which Judge Ollason authorized the trustee in bankruptcy to enter into a plea agreement to a state felony conviction for securities violations on behalf of the JNC Companies, an Arizona corporation controlled by me. The trustee in bankruptcy knew I objected to the plea agreement scheme. The trustee in bankruptcy continued to officially represent to me, and in several court proceedings, that the bankruptcy judge had granted him the authority to enter into the state criminal proceeding plea agreement. However, I could find no order entered by the bankruptcy judge or any minute entry reflected in the docket of the JNC bankruptcy proceedings reflecting such an authorization. On or about December 1991, the IRS agents, allegedly employing IRS subpoena power, reviewed several days’ recorded voice proceedings in Judge Ollason’s courtroom. They found

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the proceeding in which Ralph Seefeldt, attorney for the trustee in bankruptcy, unilaterally appeared before Judge Ollason to petition the bankruptcy court’s authority to enter JNC into a state felony conviction for securities violations. The reason the matter was not found in the published docket is when the Clerk of the Court asked Judge Ollason if he intended to call the case when Seefeldt appeared, Judge Ollason responded, “No.” Since the case was not called, the Judge’s authorization did not appear in the docket; nor was there any formal authorizing order entered in the docket. The industrious IRS revenue agents searched the clerk’s tapes, found the authorization, and caused the voice recording to be officially transcribed. The IRS gave me a copy of the transcript, which I later used as an exhibit in support of my fraud on the court claims alleging Ollason had unlawfully benefited from the Berkley and Admiral bribery machinery.214

The Contempt of Court that Never Was A few years after the September 1987 filing of the JNC Chapter 11 bankruptcy cases, I filed a cause of action in the United States District Court for the District of Arizona, Tucson Division. The cause of action arose out of the bankruptcy proceedings and charged Admiral Insurance Company, in concert with others, as knowingly and willfully violating bankruptcy’s automatic stay provisions in the JNC cases when Admiral filed actions against the JNC limited partners seeking payments under the terms of their several partnership subscription promissory notes. On December 19, 1991, I appeared in the law offices of Streich Lang, attorneys for Admiral Insurance Company, for the purpose of giving my deposition in the foregoing automatic

I suspect Judge Ollason is another of Tucson’s corrupt public officials who has already appeared before the Supervisory Powers Court and has been convicted for official corruption. 214

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stay violation case. Attorneys for the trustee in bankruptcy and the JNC auditors, Arthur Andersen & Co., were also present. At the inception of the Pima County Attorney’s investigation into my “criminal conduct,” Deputy Pima County Attorney Alan Davidon subpoenaed my former business partners Renee Jenkins (my wife during the JNC business periods) and Timothy Shaftel and loan brokers Ron and Donna Anderson to appear before the Pima County Grand Jury for the purpose of obtaining grants of use immunity in the face of Fifth Amendment claims. Once Pima County Superior Court judges granted his requests for use immunity, Davidon paraded the four use-immunized deponents to the private law offices of attorneys representing my civil and bankruptcy adversaries for the purpose of giving unfettered testimony under the grants of use immunity. This action amounted to a violation of Arizona’s secretive grand jury proceedings statute, which provides criminal sanctions for such violations. When the adversarial attorneys propounded questions to me during the ensuing December 19, 1991 deposition, I made a clear statement that I refused to answer such questions on the grounds that the only source that could have provided the foundation for asking such questions were the foregoing illegal grand jury proceedings. I contended that any fair and impartial trial court would hold that any evidence derived from the tainted Grand Jury proceedings would be inadmissible in a court of law as violative of public policy. The adversarial attorneys continued asking such questions and I continued refusing to answer such questions for the same reasons. Finally, Susan Boswell, the lead Streich Lang attorney, decided to orchestrate a telephonic hearing on the matter with United States District Court Judge William D. Browning, who was then the Chief Judge of the United States District Court for the District of Arizona, Tucson Division.

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Boswell explained the issue to Judge Browning, who then heard my side of the argument. The court reporter present for the deposition transcribed the entire telephonic conference. At the conclusion of the oral argument, Judge Browning said, “Mr. Jenkins, I am ordering you to answer those questions.” I then explained to Judge Browning that attorney Donald E. Gabriel was in the room and was representing The JNC Companies in the matter.

I asked Judge

Browning if I might have a moment to confer with Gabriel. Judge Browning advised that he would wait. I walked over to the place where Gabriel had been sitting at the conference table. Gabriel had his legs slouched under the table, his arms folded across his chest and his eye glasses precipitously perched on the end of his nose. Gabriel watched as I approached him. I leaned over to whisper in Gabriel’s ear, “Do I tell him I’ll surrender to the U. S. Marshal?” Gabriel peered up at me over the rim of his glasses and, not saying a word, merely nodded his head in the affirmative. I walked back over to the speaker phone and said, “Your Honor, I’m going to respectfully disobey your order. Do you want me to surrender to the U. S. Marshal?” As I posed the question to Judge Browning, I caught the Court Reporter out of the corner of my eye. She was feverishly transcribing the proceeding with an urgent look of seriousness cast on her face. Immediately, Judge Browning responded, “No.” The opposing attorneys then requested Judge Browning entertain sanctions against me for my contempt of court. Judge Browning advised he would consider such motions. My theory for why Judge Browning did not order my incarceration until I purged my contempt of court is that Judge Browning knew that my loss of liberty would transfer immediate appellate jurisdiction to the United States Court of Appeals for the Ninth Circuit in San

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Francisco and that Judge Browning wanted to forestall adjudication of the illegal abuse of grand jury powers in the state criminal proceedings. Here, we are witnessing corruption in the trial court with the aim to deprive the appellate court of jurisdiction over the corrupt conduct; the classic ICMC judiciary corruption motif. On the way home from the deposition, I confessed to Gabriel it was not the fear of surrendering to the U. S. Marshals that I thought about on the way back to tell Judge Browning I would not obey his order. Rather, I believed had I been incarcerated, Stacia would have been furious with me for voluntarily going to jail six days before Christmas. Sometimes fear comes from an unexpected direction.

The Direct Bribery Allegation to United States District Judge William D. Browning After the Supreme Court had orchestrated my summer 1995 catharsis and I filed my initial brief in the Arizona Court of Appeals, Division Two, where I had expounded on the official corruption, I also pursued vacating judgments in federal district court proceedings where Judge Browning had presided. The action seeking to vacate Judge Browning’s dismissal orders in cases he decided against me on grounds he had been bribed by Berkley and Admiral to enter such judgments against me were filed in federal district court in Tucson. Let me be real clear about this. I filed a motion in federal district court alleging a federal district judge took a bribe from the other party to rule against me; the motion was supported by an extensive offer of proof. My decision to file this motion to vacate in federal district court was affirmatively supported by an informal information signal provided by the Arizona Court of Appeals, Division Two. I knew, for sure, Judge Browning was considered corrupt by others beside me. The federal judicial code contains a provision requiring federal judges to recuse themselves in matters where an appearance where want of impartiality is created. That is, - 267 -

judicial officers have an affirmative duty to recuse on their own motion. In this case, Judge Browning decided my allegations that he accepted bribes from Admiral and Berkley notwithstanding this statutory obligation. Moreover, if my allegations had been baseless you would think the presiding district judge would haul my ass into court and hold me in contempt or put me to some other punitive consequence. Judge Browning did nothing but merely dismiss my motion to vacate on the grounds he took a bribe. Welcome to the federal judicial bench in Tucson, Arizona.

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Chapter 18 State of Arizona Official Corruption in the JNC Litigation Notice that I have never suggested the federal official corruption in the JNC litigation existed in a vacuum relative to the JNC litigation official corruption among the Arizona judicial and executive branches of government. I believe the corruption was coextensive and collegial. That is, the Pima County Attorney and certain Pima County Superior Court judges acted in concert with the federal judicial officers in taking illegal payments from the Berkley and Admiral bribery machine. I’ve already expounded on certain aspects of the official corruption legislated by the state of Arizona judicial and executive branches. I explained the abuses of the 83 d Pima County Grand Jury by the Pima County Attorney and Judge Fleischman to further the interests of my adversaries in the related JNC federal civil and bankruptcy proceedings. The abuses occurred because the corrupt public officials were searching for the bribery lynchpin; the fair market value of the bribe. The value of the bribe was the negotiating point that, once settled in May or June 1989, drove the future of the state’s criminal proceedings brought against me. The JNC limited partner litigation groups feigned supporting my reorganization effort to drive Admiral to the settlement table. The Berkley racketeering enterprise could not sustain further JNC activities that would risk discovery of its unlawful objectives.215 It caved in.

215

Under Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479 (1985) a racketeering enterprise is regarded as a separate entity from one having legitimate activities whereby a pattern of racketeering activities are undertaken in furtherance of continuing unlawful objectives. The Berkley unlawful objectives included the knowing and willful reporting of unlawful earnings as lawful in order to induce capital market investors to participate in the Berkley financial bail-out from the insurance industry crisis of the late 1970s and early 1980s. Berkley’s unlawful earnings were knowingly and willfully derived by and through Admiral engaging in the unlawful transaction of substantive mortgage guaranty insurance across state lines. The approximate 40 misdemeanors for the unlawful transaction of mortgage guaranty insurance, bribery payments, and schemes to defraud JNC and me of our property rights comprise a sufficient pattern of racketeering activities to sound in both criminal and civil federal and Arizona racketeering offenses.

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The JNC limited partner litigation groups could not, in and of themselves, give Berkley and Admiral what they needed most: Judgments against JNC and me for Arizona securities violations. However, once Berkley and Admiral successfully lined up the JNC limited partner litigation group settlements, it turned the joint forces toward getting those judgments. The launching pad was the filing of the Exit Interviews for concomitant in camera review by both the federal and state benches: United States District Judge Richard M. Bilby and Pima County Superior Court Judge Lawrence Fleischman. The date was June 1988. The bribery negotiating platform was set.

JNC and I would be charged with the

necessary securities offenses by Information in November 1988. However, whatever the initial bribery offer, it was insufficient. JNC was dismissed from the CR-24054 charges at the April 1989 preliminary hearing and I was bound over for trial only for non-securities offenses as a deal point with the Berkley racketeering enterprise. However, the right amount must have greased the palms of Tucson’s powers that be: JNC, Stacia, and I were all indicted for a plethora of securities offenses in CR-28738.216 Let’s look at further state of Arizona executive and judicial official corruption in furtherance of the ever-widening Berkley racketeering enterprise’s unlawful objectives.

Missing Court Records in the Pima County Superior Courts The Clerk of the Pima County Superior Courts ought to be hung from the highest tree. That public official doesn’t understand the concept of internal control over court documents and

216

My theory is that there were several sources from which the Tucson powers that be could garner bribery payments: (i) direct or indirect transfers from Berkley or Admiral, (ii) the JNC properties sold out of the Chapter 11 bankruptcy estates for a little over the first lien debt amounts (the excess was used to pay Boice and Seefeldt their administration fees), and (iii) Peter Beren’s $10 million of securities law malpractice insurance (Beren personally confirmed with me that he gave his malpractice carriers information about the JNC transactions so as to induce them to pay off the $10 million). It all adds up to serious money; a veritable windfall for the Tucson corrupt public officials eager to personally prosper by the demise of my JNC interests.

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records. In two material instances, I visited the back halls of the records archives maintained by the Clerk of the Pima County Superior Courts to find missing records; records that would surely help me in my defense. In both cases the records were missing. A $200 million high profile criminal prosecution and the exculpatory records are missing. Are you surprised?

Judge Fleischman and the Exit Interviews Following the decision of the Arizona Court of Appeals, Division Two, in JNC v. Meehan, 165 Ariz. 144 (1990), Judge Meehan presided over my consolidated motion to change judge for cause in the first two criminal cases, CR-24054 and CR-28738. On or about October 1990, several discovery matters were presented to Judge Meehan. Among other things, Judge Meehan unsealed previously sealed court records in 83-GJ-008, detailing the contents of the grand jury’s sealed envelope. In a separate discovery effort, JNC and I filed a Petition for Order to Show Cause before Judge Meehan asking the Presiding Judge to issue an Order upon Judge Fleischman to appear before Judge Meehan and to produce the Exit Interviews, explain their location, or explain how they became lost. Judge Meehan signed the Order to Show Cause; an unusual act inasmuch as he had the same judicial power as did Judge Fleischman. Here, though, Judge Fleischman was called before Judge Meehan in his individual capacity. During the October 1990 show cause hearing before Judge Meehan, Judge Fleischman was represented by Assistant Arizona Attorney General Charles Pyle. They represented to Judge Meehan that the Exit Interviews had been errantly misfiled in the civil area of the third floor storage facility in the Pima County Courthouse. Throughout the hearing, Judge Fleischman was very nervous.

The Exit Interviews remained sealed and were returned to the CR-24054

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record.217 I hadn’t yet figured out their information content to make a Zolin showing. That ability would come only by the Supreme Court orchestrated summer 1995 catharsis. The Arizona Corporation Commission’s S-2361-I Investigative Records On July 28, 1989, Arizona Corporation Commission Securities Division Staff Attorney, J. D. Nielsen, appeared before the 92d Pima County Grand Jury in the matter of 92-GJ-356 to give testimony. Nielsen also brought ten boxes of ACC S-2361-I documents, allegedly including the investigative records. Understand the Securities Division, in its enforcement role, is much like a police agency. Under Arizona public records laws, the Securities Division is required to create and maintain records of its investigative activities.218 Those records cannot be destroyed without notice to interested parties. In late 1992 I would learn from Securities Division Attorney Sharon Fox that Nielsen took the Division’s original records to the grand jury in 1989 without compulsion by subpoena and left the Arizona Corporation Commission’s records without so much as a copy of the S2361-I investigative records.

The Arizona Corporation Commission proximately caused

hundreds of millions of dollars of damages to JNC and me by not maintaining and controlling its public records as mandated by statute. Those investigative records would have revealed the JNC limited partnership transactions did not include the essential Howey investment of money

217

In either December 1991 or January 1992, Judge Joseph D. Howe of Maricopa County, having been assigned to my CR-24054 and CR-28738 criminal cases, pulled a fast one. Admiral’s counsel, Susan Boswell of Streich Lang, appeared before Judge Howe and moved to have the Exit Interviews returned to Admiral (Did Admiral have standing in the criminal proceeding to petition the removal of evidence?). Over my objection and request for a stay to take the matter to the Arizona Court of Appeals, Judge Howe granted Admiral’s motion and returned the Exit Interviews to Boswell. I never liked Judge Howe. We’ll read more about him in this chapter. I’m not sure if he has been to the Supervisory Powers Court yet or not. 218

The Arizona Corporation Commission Securities Division properly created and maintained investigative records in the 1985 investigation instigated by a jealous syndicator, Ernie Garcia.

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element that would cause them to come within the Securities Division’s investigative jurisdiction. In other words, the ACC’s failure to obey state law led to these damages. In my habeas corpus proceedings, I allege Admiral instigated the investigation in the face of the impending tax law changes wrought by the Tax Reform Act of 1986 and the foreseeable litigation over loss allocation responsibility. Moreover, Berkley and Admiral were seeking the all important judgment, administrative or judicial, that the JNC limited partnership transactions involved the issuance of securities within the meaning of Arizona’s securities laws.

That

judgment would be consonant with the Berkley and Admiral claim that Admiral substantively insured equity investments in real estate limited partnerships. On the other hand, an ACC Securities Division administrative determination that the JNC limited partnership transactions substantively involved syndications of partial loan guaranties and, therefore, did not invoke protection under Arizona’s securities laws would be consonant with a determination Admiral engaged in the unlawful transaction of substantive mortgage guaranty insurance. Moreover, and important to JNC and me, the administrative determination the JNC limited partnership transactions did not invoke protection under Arizona’s securities laws, more likely than not, would have foreclosed criminal prosecution for securities law violations under the Double Jeopardy Clause. The Arizona Corporation Commission Securities Division investigative records would have revealed which way the chips fell. Based on my S-2361-I testimony before the Securities Division and the plethora of offering memoranda and other documents it received, the Division could only have concluded the Howey investment of money element was missing and that the transactions nonetheless involved the substantive syndication of partial loan guaranties; concluding the want of protection under Arizona’s securities laws.

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Transparently, Nielsen had his greedy hand out, in concert with Davidon, Pima County Attorney Stephen Neely and the slew of corrupt federal and state judicial officers all waiting their turn at the Berkley and Admiral bribery trough. The strategy was clear: the Arizona Corporation Commission’s public records created during the S-2361-I investigation had to disappear. Nielsen stole them and brought them to the 92nd Pima County Grand Jury without compulsion by subpoena and without a trace as to the investigative records information content left behind in the ACC corridors. Turned over to Davidon, the records met their demise. My 1992 search in the Pima County Courthouse turned up only the documents JNC had transmitted to the ACC in the Securities Division investigation. The State’s Dismissal of CR-24054 and CR-28738 While Judge Howe presided over the CR-24054 (19 of original felonies remained for trial) and CR-28738 (all 283 felonies remained), Davidon allegedly left for greener pastures in Phoenix and the cases were assigned to his cohort, Deputy Pima County Attorney Howard Fell. Among the first things Fell accomplished was that in July 1993 he negotiated a plea deal with Stacia. She pled to an open-ended class 6 felony for the sale of unregistered securities. The open-ended part meant that the offense could be converted to a misdemeanor at the end of the probation period. Stacia traded in her 35 charged felonies for the plea deal; assuring herself she would avoid any kind of prison term. I responded emotionally and moved out; an informal marital separation ensued. I couldn’t live under the same roof. I defended her for four years in the CR-28738 proceeding. Her public defender, Marshall Tandy, merely rubber-stamped the actions I orchestrated with Don Gabriel representing JNC. I’m not a quitter; we weren’t guilty. You don’t let the assholes punk you out.

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In hind sight and in a less emotional state of mind, I have to admit I don’t blame her. It wasn’t her fight; it was always mine. Just mine, alone again, naturally. She should have never been charged with crimes; none of us should have ever been charged. When a court officer takes a bribe to bring a criminal charge the charges are void ab initio, as if they never existed. It’s the heritage assigned to a fraud on the court. Following Stacia’s plea deal, Fell brought new charges against me in September 1993. The CR-43071 Indictment charged me with another 60 felonies; sale of unregistered securities, fraud in the sale of securities, and fraudulent schemes and artifices. Nine months before the new indictment, Fell moved to dismiss with prejudice all the CR24054 charges against me. The Arizona Rules of Criminal Procedure requires the prosecutor to state his grounds for dismissal with prejudice in the court record; go read the rules for yourself. Fell didn’t offer and Judge Howe didn’t make him. Great court officers. The reason for the dismissal? My guesses include illegal grand jury proceedings would taint the evidence and McNally. Nineteen felonies and all the state’s resources invested in bringing the criminal charges just fell by the wayside, no pun intended. Following the CR-43071 Indictment, Fell moved to dismiss with prejudice all CR-28738 charges. This would be late 1993. Again, notwithstanding the rules, Fell didn’t offer any reasons and Judge Howe didn’t make him say any. Two Hundred Eighty Three felonies and all the state’s resources invested in bringing criminal charges just fell by the wayside, no pun here either. Of course, the CR-43071 criminal proceeding was assigned to Judge Howe. I didn’t waste any time filing my preemptory challenge.

Under the Arizona Rules of Criminal

Procedure, each party has one preemptory challenge to remove an assigned judge without cause,

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as long as you strike within ten days. I didn’t wait the ten days. The case was assigned to a new superior court judge, John Leonardo. I was out of preemptory challenges; I was stuck. He would become the trial judge.219

Murray Miller Harold Higgins wasn’t going to represent me in CR-43071. In May 1990, I began providing litigation consulting services to Gabriel in his representation of Keith Dolgaard in the federal securities litigation Keith had become embroiled in with the pension funds that had loaned approximately $20 million to the JNC projects. It wasn’t the JNC loans that were causing the problems. They were well secured first liens. It was loans to other pension fund borrowers like Fyfe Symington that caused Keith problems. Donald retained me as a litigation consultant because of my then emerging expertise in securities law. As a result, I made approximately $200,000 in consulting fees from May 1990 through December 1992. In 1993 and prior to my trial in August 1994, I worked with Jim Coffman of Nogales,220 Sonora, Mexico and Felipe Davila Madero of Mexico, D.F. to organize a surety-based credit enhancement mechanism to bring international financing into Mexico.221

The surety was

Fianzas Mexico, part of Grupo Primi (the Banco Internacional holding company). Madero advanced me approximately $200,000. I would use these funds to improve life with Stacia and 219 I later learned from Pam Patton, Gabriel’s girlfriend, that Judge Leonardo, while presiding over my CR43071 criminal proceeding had been applying to become a federal magistrate. He had just been appointed a superior court judge from his Assistant U. S. Attorney position. There is a bribery statute in Arizona that proscribes trading in public office. My future allegation avers Judge Leonardo was shopping the worth of my criminal conviction in advance of trial among the corrupt brethren on the federal bench. After all, the corrupt federal judges had an interest in fulfilling the devil’s bargain they struck with Berkley and Admiral. 220

At the time, Jim Coffman and Don Gabriel were good friends.

221 Today, I believe the program was organized through the Supreme Court’s exercise of supervisory jurisdiction to educate me in mortgage guaranty insurance so that I would become sufficiently learned to figure out that Admiral engaged in the unlawful transaction of substantive mortgage guaranty insurance. It must have paid off, because of what resulted from the Court’s summer 1995 catharsis while I was incarcerated.

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hire a criminal defense lawyer. I went searching for what I thought would be the best criminal defense lawyer. Around the same time, Arizona’s then governor, Evan Mecham, was having a host of problems. Mecham was impeached from office and tried criminally. Mecham was acquitted in his criminal trial. Mecham was highly unpopular in Arizona; I would have bet he would be convicted. His attorney was Murray Miller. I had to have this guy represent my unpopular cause. If he could get Mecham acquitted; surely, I would go free. I called Murray Miller. Early on in the JNC litigation, one of Lowell Rothchild’s law partners, Fred Hickle, introduced me to an attorney at Lewis and Roca in Phoenix; a fellow named Gerry Smith. I liked Gerry Smith from the get-go; he published papers in academic journals in the bankruptcy law area; an academic’s colleague. In conversations with Smith, I came to learn he knew or was friends with judges on the Ninth Circuit in San Francisco. Smith pulled out of representing JNC or me early in the litigation allegedly due to impending commercial bribery charges. 222 After my initial conference with Murray Miller, I called Gerry Smith to discuss the propriety of hiring Miller to represent me in defense of the CR-43071 60 felony charges, mostly for violations of Arizona’s securities laws. I remember exactly what Smith said, “He’s a bad guy.” The message was clear. I hired Murray Miller.223

222 I would bet today he pulled out because he was cooperating with the Supreme Court in the historic exercise of its supervisory jurisdiction. 223

Between my Mother, my younger sister, Cheryl, and I, we paid Miller about $200,000 in precious family resources to defend me in the CR-43071 proceeding. Berkley and Admiral must have paid him more.

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Chapter 19 The Criminal Trial By the time I had hired Murray Miller to represent me in the CR-43071 criminal proceeding I had been charged with crimes for over five years. I had not been to a criminal trial yet. Indeed, I had never been involved in any trial before my CR-43071 proceeding. I was fairly familiar with motions to dismiss and motions for summary judgment from the federal civil and bankruptcy proceedings. I was also fairly familiar with pre-trial extraordinary writ proceedings from my special action proceedings in the Arizona appellate courts.

But, I had never

experienced an actual trial on the merits. That would be my Murray Miller “hook.”

Deep-Sixing My Criminal Defenses You have to appreciate my position. By the time I hired Murray Miller I had been charged with 375 felonies. All the JNC properties had been callously sold out of their Chapter 11 bankruptcy estates. I was separated from Stacia. I had been to the Ninth Circuit and the Supreme Court of the United States on several occasions without a lick of relief.

I had

accomplished some relief in the Arizona appellate courts; but nothing that substantively restored my freedom in a clean fashion, or restored my property losses, or restored my marriage, surreptitious as was its beginning. I even lost my god dam basketball tickets at the hands of the unscrupulous Lord Ollason. There wasn’t much more a guy could lose, except the freedom to walk the streets. So when I got the Gerry Smith conducted information signal, I paid attention. I knew my only chance in life would be my restored credibility. In the finance business, I had come to surmise, your character is your calling card.

Capital managers look process

managers like me in the eye and ask, “Will you be there in the tough times?” Your access to millions if not billions in capital depends on the answer to that single question. My entire life

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had been all about education and experience prerequisites essential for gaining that confidence and trust. Without it, I was gainfully unemployed. The path to restoring my credibility, I suspected, lied through the federal revisory courts. I just hadn’t quite characterized it as the Rehnquist Court’s historic exercise of supervisory jurisdiction in late 1993 and early 1994. That characterization had to wait a few more years. Against that background ought to come your understanding as to why I chose to help set up Murray Miller and deep-six my criminal defenses. I confessed to Miller on several occasions early on that I was relying on his courtroom and trial experience. “Although I have some litigation experience,” I proceeded to tell Miller, “I lacked trial experience especially countenancing jury behavior.” In his elder counselor’s best demeanor he would console me by saying, “I understand.” I did explain to Miller, though, I had accomplished a lot of securities law research. I carefully explained to Murray about the three-prong Howey test: (i) an investment of money, (ii) in a common enterprise, (iii) with profits derived solely by the efforts of others. I detailed the Supreme Court’s seminal decision on the definition of “an investment of money” in its International Brotherhood of Teamsters v. Daniel decision. I also explained how the JNC syndications were substantively syndications of partial loan guaranties; and, pointedly, federal securities jurisprudence countenanced loan guaranties as not involving the issuance of securities. Miller committed himself during the securities issue discussion. He advised the matter too complex for a typical jury’s comprehension. He advised, in his best courtroom demeanor, it would be best to concede the securities issue; my best defense would lie elsewhere. “If you’re sure, Murray,” I responded. He said he was sure. I gave up the securities issue defense.

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I did not then comprehend the notion Admiral engaged in the unlawful transaction of substantive mortgage guaranty insurance issue in the way I would appreciate it after my summer 1995 catharsis. Had I so comprehended it, I would have raised it with Miller as well and allowed him to explain why we should not raise that issue before the jury, keeping matters simplified for jury comprehension. Of course, I shared my JNC litigation travails with Mr. Miller; a title of respect I frequently laid upon him. I explained about the 83d Pima County Grand Jury abuses, the missing Exit Interviews, and, not the least, the missing S-2361-I investigative records. Murray, of course, sympathized with my plight while reassuring the issues were too complex for jury comprehension. I would be better off if, instead, the jury simply focused on my character. I agreed.

Me Take a Plea Bargain? It pretty much goes without saying that prosecutors overcharge in white collar cases to inspire defendants to plea bargain. I had been charged with 315 felonies in CR-24054 and CR28738. Harold Higgins once advised me the Pima County Attorney offered me a plea bargain opportunity. I would have to plead to four felonies for securities violations and do five years flat time in the Arizona Department of Corrections. Having a Ph.D., it didn’t take me long to turn the deal down. Ultimately, I served a little over ten years incarcerated time, four months in the county jail and the rest in the Arizona Department of Corrections. Now, I know you’re thinking I should have taken the plea deal and saved myself the five years.

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Let me explain a fact of life. When you take a plea deal you are admitting wrongdoing. It affects what you can raise on appeal and in post-conviction relief.224 You are never looked at the same in the revisory courts. Make a deal with devil for your soul by taking a plea bargain? It’s not for me. Especially under the facts of the JNC case I have labored to share with you herein. I wouldn’t take a plea bargain from such corrupt assholes if it meant saving my life. You can say the five year difference is the price of this ex-con’s integrity. I’d make the same decision again. Besides, do you know how much money is involved in figuring the damages for my wrongful conviction engendered by the unconstitutional fraud on the court bribery schemes? The damages wouldn’t be the same if I had taken a plea bargain. 225 I knew some day I would either have to beat them in the Arizona appellate courts before trial, or do the impossible and win the trial. Knowing my litigation fortunes, it was foreseeable neither would happen.

The CR-43071 Motion to Dismiss for Limitation of Action I studied the 60 felony counts of the CR-43071 indictment. All but two or three were filed beyond the seven year limitations period in which criminal offenses must be charged. In Arizona, the limitations period begins at the time the offenses are discovered. As the CR-43071 trial date approached, August 16, 1994, I filed a motion to dismiss based on the limitations of action statute. The theory of my motion was straightforward. When you claim a securities registration exemption under Regulation D, you file a Form D both with

224

Post-conviction relief is historically known as habeas corpus, the Great Writ. In many states, the habeas corpus process has been codified as “post-conviction relief.” Since habeas corpus is a constitutional right, legislative acts enacting provisions to secure post-conviction relief cannot impair judicial determinations already defining the habeas corpus constitutional right. My current mantra to the Supervisory Powers Court is, “Gimme my bullets!”, meaning, “It’s time to pay Randall his damages.” Let’s just say I’m not shy about my arguments. 225

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the Securities and Exchange Commission and the state agency having jurisdiction over the issuance of securities within that state. In Arizona, that agency is the Securities Division of the Arizona Corporation Commission. The Form D puts the agency on notice you are claiming an exemption from registration. My theory is that the limitations of action statute commenced running when the Arizona Corporation Commission was put on notice the exemption was claimed. Accordingly, the Arizona Corporation Commission knew or should of known through the exercise of reasonable care and due diligence whether the securities were lawfully exempt from registration as of the Form D filing date. Approximately 55 of the 60 CR-43071 felony charges should have been dismissed on the grounds and for the reasons that the Pima County Attorney filed same after the seven year limitations period. However, the official corruption sector of the JNC litigation wanted me convicted to ensure the adjudication Admiral lawfully transacted financial guaranty insurance of equity investments in real estate limited partnerships and did not engage in the unlawful transaction of substantive mortgage guaranty insurance with its panoply of Berkley destructive legal and economic consequences. The supervisory jurisdiction sector wanted me convicted to put me in a safe place for two reasons. First, it wanted a catharsis engendering environment and circumstances. Second, once it would become armed with its hypothetical Exit Interview information content it was sure I could articulate, the official corruption domino cascade could commence, leading the Rehnquist Court into its sought after confrontation with the corrupt ICMC hierarchy. Third, having me tucked away in prison would be perceived as a security issue implicating my physical wellbeing.

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Everyone but me was in one camp or another. I didn’t stand a chance; I was headed for certain conviction and didn’t want to believe it. On August 11, 1994, Judge Leonardo denied my limitations of action motion to dismiss.226 Commencement of the trial was a mere few days away.

Jury Selection Jury selection is an ominous beginning to a trial. It is the first time potential jurors view the judge, the attorneys who will argue the case, and the defendant. Each side gets a certain number of preemptory challenges. In addition, there are challenges for cause to avoid careless expenditure of preemptory challenges. None of that was eventful. The eventful part for me is the process of how the jury pool is determined. My suspicion is that the process of identifying the demographics of a jury pool can be unfairly manipulated. First, you have to appreciate my case involved millions of dollars. I was the chief executive officer and made a million dollars a year for a couple of years. In other years, I made several hundred thousand dollars. It is fair to say the jury pool can be drawn from demographic areas that are less educated and less wealthy than other demographic areas. In the case of my trial, many of the seated jurors came to the courthouse by bus, and were lesser educated. The unfairness is that they would be influenced by factors other than the evidence. They could scarcely understand the theory of the JNC limited partnership financing transactions let alone decide whether there was something amiss. The advantage would be the state’s advantage.

226

Following my September 21, 1994 CR-43071 conviction on 58 felonies, the Arizona Court of Appeals denied me relief in December 1994 on the grounds that many of the convictions violated Arizona’s limitations of actions statute.

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Murray Miller, I would later argue, had already been bought hook, line, and sinker by the Berkley racketeering enterprise. He was not my lawyer. I suspected as much because of Gerry Smith’s foreboding warning. Miller wasn’t about to challenge the jury pool’s demographics. Allegedly, you’re supposed to be tried by a jury of your peers. I have a Ph.D. in business. No one on my jury had a Ph.D. There was not one accountant; not one attorney who could sift through the bullshit Howard Fell was about to spread in the courtroom. Then there was another eventful occurrence during jury selection. There was a lady among those in the jury pool who claimed she should be dismissed for cause. She announced her last name was Fleischman. She said she was prejudiced because of all these high dollar limited partnership investment scams and wouldn’t be a fair and impartial juror. Of course, she blurted out her objection before the rest of the jury pool. The judge agreed and dismissed her for cause. I deduced it was a “fuck you” message from the Honorable Lawrence Fleischman.227

Pretrial Issues There were a few pretrial issues settled between Miller and Fell with Judge Leonardo’s concurrence. The first was my Gerry Smith induced stipulation that the JNC limited partnership transaction involved the issuance of securities. It was a painful charade, admittedly; but, I kept my mouth shut in the matter. The second pretrial issue involved the missing Arizona Corporation Commission S-2361I investigative records. I knew Fell intended to call J. D. Nielsen as a witness. I had had discussions with Division attorney Sharon Fox. I asked Miller to subpoena her. My theory is that she would discredit Nielsen and the ACC for having given the S-2361-I records over to the Pima County Attorney willy-nilly and without compulsion by subpoena. And, as it happens, the 227

Remember, though, he who fucks last fucks best.

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allegedly exculpatory records were missing. No one, including the Pima County Attorney, the Clerk of the Pima County Superior Courts, or Sharon Fox knew where they were. Of course, Sharon Fox was foreseeably a great witness for me. Miller pulled me aside and gave me the “let’s not confuse the jury” argument and forsake calling Sharon Fox as a witness. I looked him in the eye and said, “Of course, Mr. Miller, whatever you believe is in my best interests.” Sharon Fox left the courtroom and returned to Phoenix. With no other issues outstanding, Judge Leonardo told the bailiff to call the jurors into the courtroom. The lynching was under way.

The Trial I have to admit Mr. Miller delivered what seemed to me to be a compelling opening argument. For a moment there, I forgot Gerry Smith’s admonition and said to myself, “Finally, someone is arguing for Randall in the JNC litigation.” However, that assessment wouldn’t last long.

The Testifying Limited Partners Altogether, as I recall, Fell called thirteen JNC limited partners to the stand to testify about his theory of criminality. The theory of criminality was straightforward: notwithstanding all the written disclosures in the offering memoranda, the limited partners testified, one after another, I told them, “Don’t worry, you don’t really have to pay those notes.” Now, have you ever signed a promissory note you didn’t have to pay?

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Fell paraded around the courtroom and showed the jurors the JNC subscription documents were ladled with “little yellow stickies.” Folks didn’t have to read that thick book; just trust Randall and sign where the little yellow stickies were placed. First, if you have ever closed escrow on a house or have been to a loan closing you know that the little yellow stickies adorn all documents where signatures are required. Second, in most instances the JNC limited partners were signing promissory notes in amounts of $50,000 or $100,000. Would you sign a promissory note for such amounts while the guy getting you to sign the note was telling you, “Don’t worry, you really don’t have to pay it,” would you?228 Now here’s the real kicker. Remember I told you about the Internal Revenue Service and its audit of the JNC limited partners? Well, each of the limited partners who testified against me received a K-1 for each partnership in which they had subscribed to be a limited partner by merely signing a promissory note and not investing cash. Because each testifying limited partner admitted on his or her tax return to be “at risk,” the tax laws allowed them to claim a tax basis in their limited partnership interest to the extent of their subscription promissory note. They took those write-offs before the Tax Reform Act of 1986 eliminated them. Of course, as you know, you sign your income tax return as true and correct under penalty of perjury. Read the fine print in the signature block on your individual tax return. That means, they admitted being at risk on the investment to take the paper tax-losses for their financial gain during the JNC heyday; now, as they claimed I did them wrong, they announced they had been duped – they weren’t really supposed to be liable on those promissory notes. Which way is it folks? 228

Another theory is that the limited partners signed more notes than they could afford. One such partners were Bert and Ann Ferganchick. They had signed as accredited investors claiming a net worth of more than $2 million. At the time of trial, however, the net worth had diminished. It is a common malady in loss allocation responsibility litigation. No one is as well-off, financially, as they were at the time of getting into the deal and would paint their net worth on the high side so they could participate. In such cases, the courts should conclude them judicially estopped from claiming they could not afford the investment at the time of subscription. Miller should have raised the issue.

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The Internal Revenue Service should have prosecuted them for committing perjury in filing their tax returns and taking the JNC partnership paper tax losses. Of course, I suggested to Mr. Miller that he should raise the issue. The proper course of conduct would have been to file a motion to have the testifying limited partners judicially estopped from a claim contrary to one already committed to the government under penalty of perjury. Miller failed to protect the issue. As you can see, things were going Bill Rehnquist’s way at my trial; not mine.

Leighton Rockafellow One limited partner, Leighton Rockafellow, would have looked silly making a claim I had told him he really didn’t have to pay his promissory note.

Leighton is an attorney.

Admittedly, he is one of those advertising, ambulance chasing personal injury lawyers. But, an attorney nonetheless. Leighton needed tax write-offs in a bad way; he was a successful personal injury attorney.

Leighton had signed $700,000 of JNC limited partnership subscription

promissory notes. I would estimate Leighton enjoyed somewhere between $100,000-150,000 a year in paper tax losses. As Revenue Agent Richard Rich told me, “A great tax shelter, Randall.” Again, I didn’t care about the tax angle; my angle was the financing. Financing drove the structure, not tax advantages. That’s why Coopers & Lybrand and Arthur Andersen & Co. were willing to sign the partnership tax returns. Leighton had to come up with a different theory of criminality. He had subscribed to the JNC partnership that was going to build the continuing care residential center where discussions and negotiations had been undertaken with Tucson Medical Center to be the CCRC operator. Leighton claimed I had told him that TMC had signed an operator contract. The operator contract would not have become ripe until the ill-fated $40 million UIT Swiss mini-perm loan had closed. That was his theory of my criminality. Of course, that deal was only one of six or - 287 -

seven Leighton was in. Moreover, if the alleged misrepresentation was so important to Leighton, as an attorney he should have known the exercise of due diligence would have required him to ask to see a copy of the alleged operator agreement. Mr. Miller did not accordingly crossexamine Leighton.

Lute Olson Lute Olson, if you don’t already know, was the University of Arizona’s famed basketball coach. He and his wife, Bobbi, invested in the only non-development JNC limited partnership, Dakotah Hills Offices Limited Partnership. I was an individual investor as well. All limited partners were required to make an approximate $5,000 down payment and five annual payments in the same approximate amount. Like all limited partners, Lute and Bobbi had made their down payments and two annual payments prior to the September 17, 1987 JNC system Chapter 11 filing. That is, Lute and Bobbi Olson had made a total investment of approximately $15,000 in the JNC limited partnership that owned the JNC office building near Swan and Sunrise in Tucson’s Catalina foothills. During my criminal trial, Lute Olson followed suit and testified I had told him he and Bobbi didn’t really have to make payments on their subscription promissory note.

I was

incredulous. I was sure Lute confused that deal with others he had turned down where the partnership’s objectives included distributions to support principal and interest payments as long as the partnership operations could support such distributions.

I countered his testimony

accordingly when I took the stand. But, you have to remember. Lute Olson was a big celebrity in Tucson. I’m sure the downtrodden and underprivileged jurors were properly persuaded by his appearance and condemning testimony. - 288 -

Lute Olson, like most college coaches, derives a significant portion of his annual compensation from booster contributions.

Moreover, I suspect Lute derived special

compensation to ensure my conviction inasmuch as the powers that be stood to gain financially; Lute was sure to indirectly benefit. I liked Bobbi Olson more than I liked Lute. I was personally soured on Lute because he always had his hand out for more money. Moreover, whenever we dined together there was never a muscular flinch from Lute Olson toward picking up the check. Kind of cheeky if you ask me. Lute Olson’s testimony against me was surely a material factor in the jurors’ decisions to convict me. After I was in prison and after the time the Supreme Court had orchestrated my summer 1995 catharsis and after the time I realized I was a ward of its supervisory jurisdiction, I was watching a University of Arizona basketball game on television.

The sportscaster

announced a special visitor attending the basketball game, “The Chief Justice of the United States, the Honorable William H. Rehnquist.” An informal information signal, to be sure.229

J. D. Nielsen J. D. Nielsen was able to testify at my trial unfettered by Sharon Fox’s presence. Moreover, Murray didn’t think it necessary to interview as a potential witness any of Nielsen’s superiors at the Arizona Corporation Commission to reconstruct the missing S-2361-I investigative records. Nielsen testified the reason he didn’t make a criminal referral or issue civil cease and desist orders in the S-2361-I investigation is because the Pima County Attorney got involved. 229

We will revisit Lute Olson in Part IV, The End Times, infra. I will set forth the facts and circumstances suggesting he has appeared before the Supervisory Powers Court in a secret proceeding; the implication of the informal information signals not being a good thing for Lute.

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That information, of course, would have been documented in the S-2361-I investigative records and known to Nielsen’s superiors; neither of which was available as evidence in my criminal trial. In my book, Nielsen, in his corrupt complicity, committed perjury on the witness stand. He had his hand out for a bribe; he just didn’t understand why the securities determinations were so important to Berkley and Admiral that they were motivated to instigate the S-2361-I investigation. He may have surreptitiously and indirectly learned such reasons once the Exit Interviews were filed for in camera review in both the federal and state trial courts.

Peter Beren It always amazed me throughout the JNC litigation that my personal attorney-client privilege with Peter Beren was never respected; either by the courts, law enforcement authorities, and Beren himself. The corporate privilege can be waived; but I was an individual general partner in every JNC partnership. I never waived my privilege and no one ever filed a motion that the privilege should be eviscerated under the crime-fraud exception. That exception to the privilege was the only legal basis upon which Beren could rely to testify; else, the canon of ethics requires him to put himself in contempt. The Jurors’ Notebooks The trial took five weeks. Every night when the trial was adjourned for the day, the jurors were required to put their notebooks in a locked cabinet, secured by the bailiff. Now, given all the corruption in this case, are you going to believe Fell and Judge Leonardo did not look at those notebooks to gauge how the trial was proceeding toward my conviction? This is yet another internal control problem for fair and impartial jury trials.230

230

In my book, the jury system in the United States is a farce. The jury is nothing more than an excuse for justifying outcomes the court officers ordain. “Don’t blame us, it was the jury.” Juries are manipulated. I

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Randall’s Testimony After the state rested its case, I took the stand. I was just about the only witness for the defense. My friend Ken Lehrer testified as an expert witness. However, my testimony was the highlight of the defense’s case. Miller did not prepare me to testify. You hear about such preparations, at least on TV and in the movies. He just put me on the stand and asked Judge Leonardo if it was all right if I just told the jury my story. The judge agreed. Miller didn’t ask me a single question. Fell only asked a few. I basically told the jury the JNC Business Plan story and what each partnership was in that plan and what each project was all about.

The Judge Leonardo and Howard Fell Off-the-Record Information Signals to the Jury The “record” is the almighty in court proceedings.

Revisory courts are limited in

determining the merits of claims presented to it by the record of proceedings below it. If you don’t make a record, you’re burnt when it comes to review. The record is defined by admitted evidence, the judge’s orders, the parties’ pleadings, and the court reporter’s transcripts. What the record doesn’t capture, the higher courts no nothing about, save a party’s allegations. During the trial and at times when testimony was favorable to me, particularly during my testimony, Judge Leonardo and Howard Fell exchanged unfavorable body language and smirks, all in an attempt to discount the outcome in my favor. My Mother attended every day of the trial. She couldn’t believe the facial expressions, body language and note exchanges. None of remember reading about Martha Stewart’s trial while incarcerated. During the trial, the judge dismissed one or more counts for lack of evidence; leaving the balance for the jury to decide. It’s a joke. The judge is not supposed to comment on the evidence to the jury; the trier of fact. However, when the judge dismisses one or more counts for lack of evidence the jury is being indirectly instructed there is sufficient evidence on the remaining counts. No instruction by the judge can save that inference. All counts presented to juries should be decided and no dismissals should be allowed until after the verdict is in. It’s all about jury manipulation. I say do away with jury trials and let the judge be the trier of fact. If I had it to do all over again, I would waive my right to a jury trial. I will never ask for a jury trial again.

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these matters are captured on the record. However, they are certainly intended to influence the outcome. It’s a great system; American justice. Who protects us from the courts themselves? Judge Leonardo’s U. S. Magistrate Application John Leonardo came to the Pima County Superior Court bench from his position as an Assistant United States Attorney; a veritable court insider. With any experience at all, I’m sure attorneys know how to reach certain judges, which judges can be bought, how the price is determined and the desired outcome conveyed, and all there is to know about official corruption in the local halls of justice. Certainly, Leonardo’s resume put him in position to comprehend how things got done in Tucson, Arizona and who approved them. During the time Judge Leonardo presided over the CR-43071 proceeding he applied to become a United States Magistrate in the United States District Court for the District of Arizona, Tucson Division. His federal bosses would have been guys like Richard M. Bilby and William D. Browning. Certainly, he needed their support to ascend to the magistrate throne. If there was an agreement to effect the outcome in my criminal proceeding in exchange for the promise of a higher public office it is a form of bribery proscribed under Arizona law as trading in public office. I alleged Leonardo so engaged and that is why he participated with Fell in the off-therecord discounting of testimony favorable to my interests. I alleged as much in my Petition for Writ of Habeas Corpus filed in the Supreme Court of the United States; as if they didn’t already know. Today, I am on probation under my second CR-43071 sentence.

Judge Leonardo

presides over my probation. My guess is that he has already appeared before the Supervisory Powers Court. He is currently the Presiding Judge of the Pima County Superior Courts; a Supervisory Powers Court puppet to ensure ongoing secrecy, to be sure. - 292 -

The Court Reporter – Toni Henson Heard enough about the infrastructure of my criminal trial? I have one more source of official corruption to share. Toni Henson was the court reporter. Like Judge Leonardo, Toni Henson had recently come to the Pima County Superior Courts from – guess where? The Honorable William D. Browning, United States District Judge. That’s right, she was a Judge Browning transplant; just in time for my criminal trial. Under Arizona law, a court reporter is supposed to certify transcripts as complete and accurate. Henson didn’t do it in the case of my trial transcripts. I received a copy of them while incarcerated at the Arizona State Prison – Douglas. Conveniently, she had omitted material parts of my testimony that would support an adjudication Admiral had unlawfully transacted substantive mortgage guaranty insurance. Following the time the Supreme Court orchestrated my summer 1995 catharsis and I thereafter figured out the official corruption leading to my conviction, I filed motions in the Arizona Court of Appeals telling the appellate court Henson knowingly and willfully omitted parts of my testimony from the trial transcript; parts that supported my claim Admiral unlawfully transacted substantive mortgage guaranty insurance. And, moreover, she failed to certify the transcripts as complete and accurate. The appellate court denied the motion. It must have been that the exercise of supervisory jurisdiction already ensnared Henson’s unlawful participation in the Berkley racketeering enterprise. I wouldn’t want to be in her shoes either.

The Verdict The jury deliberated for four days and reached a verdict on September 21, 1994. I had spent the last few nights of freedom with Stacia. However, I was at my Mother’s townhome where I had moved following the marital separation when I received a telephone call from Don - 293 -

Gabriel informing me the verdict was in. Knowing it probably wasn’t good, I emptied my pockets and left everything on the kitchen counter. I called Stacia and told her I loved her. Gabriel came and picked me up and drove me down to the courthouse. Miller and Gabriel worked it out with Judge Leonardo that Gabriel would appear for the limited purpose of receiving the verdict. He stood by me. Miller was a punk to the very end. Guilty. Time after time the word guilty followed the enumeration of each count. Fiftyeight times I heard the word guilty. I was handcuffed in the courtroom and put in the holding tank to be taken to the county jail. Arizona does not have an appeal bond. I wouldn’t be able to get out pending appeal. I would not eat for the first three days in the Pima County Jail. Of course, I felt sorry for myself, wouldn’t you? I contemplated one thing for sure: I wouldn’t allow any attorney to represent me in my criminal appeal. That probably suited the Rehnquist Court just fine.

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Chapter 20 The Catharsis

Ca·thar·sis: \kə-‘thär-səs\ noun: elimination of a complex by bringing it to consciousness and affording it expression.231 I’ve written some about my summer 1995 catharsis orchestrated by the Supreme Court in its exercise of supervisory jurisdiction, vindicated through the Arizona Court of Appeals, Division Two. I didn’t get a memo or an Order that reflects these facts; it’s a deduction. The deduction derives from my experience interpreting the Supreme Court’s informal information signals. I’ve discussed those before you arrived at this page; there will be a few more discussed after this chapter as well. What you will read in this chapter is the pivotal point where I stopped arguing erroneous bases as to legal issues involved in my federal and Arizona civil, bankruptcy, and criminal cases and came to fully appreciate the truth as to what transpired in the JNC litigation. After August 4, 1995, I knew my conviction had been undertaken through bribery and official corruption; a fraud on the court. I knew it couldn’t stand and that it was void ab initio. “I would be going home, and soon,” I thought. I would be a bzillionaire because of the racketeering damages legislated against me in a case involving hundreds of millions of dollars. I was going to be the playboy of my dreams. It hasn’t quite turned out like that; at least not yet.

The Pima County Jail I was a guest of Pima County Sheriff Clarence Dupnik in the Pima County Jail from September 21, 1994 until I was sentenced to a term of imprisonment on December 1, 1994 and

231

See, http://www.merriam-webster.com/dictionary/catharsis.

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then transferred to the custody of the Arizona Department of Corrections a week later. I had only spent one night in the Pima County Jail on the night of November 21, 1988; the time when Judge Fleischman entered an Order for my arrest based on the CR-24054 Information. However, I spent that night on the ground floor in-processing bay. This time, I would be transferred to the fourth floor; one populated with convicted inmates awaiting their transfer to the Arizona Department of Corrections. For the most part, the four months in the Pima County Jail were uneventful. The first night I spent in jail following my conviction, I saw the headline of the Tucson Daily Citizen: Jenkins Faces Life in Prison. I was unimpressed. In my field your integrity is your only asset; capital managers want to know where you will be when things go wrong. Life in prison was no consequence compared to unrestored integrity. I was transferred from the first floor to the fourth floor within four days. On arriving on the fourth floor I was assigned to a two man cell; no bars, it was a closed door with an elongated thick window. I was assigned the bottom bunk. The first thing you have to do is learn the jail schedule: when you ate breakfast, lunch, and dinner; when you could get recreation; when you could go to the inmate commissary; and, most important to me, when you could get to the jail law library. By God, I intended on legal researching my way out of jail. There are two avenues for getting your conviction reversed. One is your criminal appeal. The other is by post-conviction relief or habeas corpus.232

The term habeas corpus simply means “produce the body.” When you file a Petition for Writ of Habeas Corpus in any court, you name the custodian of your person as the defendant or respondent. For example, while in the Pima County Jail I would have sued Sheriff Dupnik. Once in the custody of the Arizona Department of Corrections, I would name the Warden of the prison facility as the defendant or respondent. You are asking the court to issue a writ to that custodian to appear before it and produce your body. The purpose of the hearing is to consider evidence indicating whether your conviction should be overturned. Constitutionally, your right to a criminal appeal is guaranteed provided you follow the rules for timely seeking the appeal. That is, the revisory court must take jurisdiction and decide the merits of the appeal. Issues raised on appeal are limited to the record on appeal. Thus, for example, you are unable to raise a claim of 232

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While in the Pima County Jail, I filed actions in the Arizona Court of Appeals, Division Two, seeking redress for being prosecuted for criminal offenses in violation of the seven year limitations period. The court denied the actions. While in the Pima County Jail, Stacia came to see me quite regularly. Although we had been separated at the time of my trial and my incarceration, I was desperate for the marriage not to end.

I think this is a behavioral consequence of incarceration most people experience;

particularly, when the length of the incarceration period is a decade. What you really want is to undo all the negative consequences the weight of litigation brought down on the marriage. I couldn’t erase it. On the other hand, I couldn’t cave in or walk away from my own integrity. Losing her was an inevitable price I had to pay at the hands of the Supreme Court’s historic exercise of supervisory jurisdiction.

I rhetorically have asked on many occasions,

“Wasn’t there any other way?” Sometimes our creativity is wanting when it is not us that have to pay a price. On top of it all, I never did like Chief Justice Rehnquist’s Supreme Court opinions. My favorite Supreme Court Justices were Brennan and Marshall. The great decisions in Supreme Court history are those that protect in the face of public obloquy. I can tell you, though, notwithstanding ideological differences, I would have followed the Chief Justice into battle anytime, anywhere, and believed him if he said it was a price I had to

ineffective assistance of counsel in an appeal. You must create a record for that claim in a post-conviction relief proceeding. In Arizona, that proceeding is governed by Rule 32 of the Arizona Rules of Criminal Procedure. Post-conviction relief claims are addressed by trial courts in the first instance. The trial court exercises original jurisdiction over the post-conviction relief claims in satisfaction of the habeas corpus constitutional mandate. In Arizona, revisory review of a trial court post-conviction relief proceeding is discretionary.

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pay. So let the tears for my losses flow and be what they have been; I would have made the same choices along the way, though my guts have wrenched on enumerable occasions.233 I spent Thanksgiving 1994 in the Pima County Jail. I wouldn’t spend Christmas in the same lock-up facility.

The December 1, 1994 Sentencing The December 1, 1994 sentencing finally arrived. I learned I was sentenced to two consecutive sentences. The first was a sentence of imprisonment for fourteen years. I would be required to serve two-thirds of that time. The second was a sentence of probation, to be served following my release from Arizona Department of Corrections control. My Mother was present and so was Jim Sumwalt, Stacia’s father. I knew he stood by me no matter the reflection on him and his family. Donald Gabriel was also present. Of course, the media was there. The JNC empire deserved its outgoing stories. Then it came my turn to speak. Through my tears I looked at Howard Fell with a look that would condemn him and his cohorts to hell and told him he knew all too well why the Arizona Corporation Commission’s S-2361-I investigative records were missing; they were exculpatory. Once again, I was removed from the courtroom bound in handcuffs.

The Alhambra Processing Facility On December 8, 1994, I got my call. The jail guard came to the door and told me it was my day to go to prison. I hadn’t wanted to go to prison; I had asked the Court of Appeals to enter an Order directing I could remain at the Pima County Jail pending my appeal. That

233

There were times during the litigation and before my conviction where I would drive the Toyota van around my favorite routes smoking cigars; usually at four in the morning. It was my strategy contemplation time. Sometimes my Mother would accompany me. Stacia bought the van for bakery café deliveries.

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motion, too, was denied. Thank God they knew better. More than anything else at the time, I didn’t want to be taken away from Stacia’s regular visits. That was the real reason I asked to stay in jail rather than go to prison. The intake processing facility for the Arizona Department of Corrections is located in the heart of Phoenix. The facility is named Alhambra; there was a high school in Phoenix by the same name. I was there for approximately a week. During that week I stayed in overcrowded cells and slept on the floor on a mattress; a far cry from Finisterra. The Department of Corrections handed out free pouches of tobacco; I started smoking again. I wanted to learn how to roll cigarettes one-handed like Jack Palance did in City Slickers; admittedly not too lofty a goal. During the intake process, I was given my prison number, 109671. It’s like Auschwitz, you’re branded with it. I was also classified in terms of institutional and public risk. The scale was from one to five, where five was maximum security and one was minimum security. I was rated a (3, 1). As a result, I was transferred to a medium security prison facility. The Arizona State Prison – Douglas, Mohave Unit I had only been to Douglas, Arizona a couple of times, at best. During my days of providing accounting services to McDonald’s franchisees, my clients who owned the Sierra Vista restaurant were awarded the Douglas franchise. It was a small Arizona community, largely Hispanic in population; probably owing to its proximity to the Mexican border. Douglas is adjacent to the border. The prison facility is somewhere outside the Douglas city limits proper. I haven’t been back to the area since I was released from incarceration in October 2004. But, from the way it appeared to me, the Douglas prison facility was not too close to the city.

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The Mohave Unit is the Douglas prison facility’s medium security unit. I believe there were two minimum security units and no high-medium security units. The Mohave north and south yards housed approximately 800 inmates. I was assigned to live on the north yard, in building 5. The Mohave Unit had one of the few remaining prison relics from the years gone by. It had a snack shack. Now, it might seem inconsequential to you. But, you have to realize the prison six-week diet rotation generally remained the same, save special meals for holidays. As a result, the snack shack offered an important reprieve from the monotony of prison food. Moreover, prison food is inherently turkey; beef hamburgers and chicken about the only exception. Turkey pastrami, turkey ham; it all seemed to be turkey. The snack shack was an important asset on the Mohave Unit. It serviced both the north and south yards. Hamburgers, French Fries, fried chicken, pizza, ice cream, and other snack shack foods seemed like heaven on earth compared to the chow hall food. I arrived on the Mohave Unit on December 15, 1994, ten days before Christmas. At the time, Arizona prisoners yet enjoyed an annual privilege: Christmas packages. Each prisoner could receive up to 75 lbs. of food stuff from the “streets” within a period of a few weeks around the Christmas holiday. I arrived at the Mohave Unit just in time. I petitioned my Mother and Stacia to send in the 75 lbs. My prison cubicle was stocked. Each prison cubicle at the Mohave Unit housed two inmates. You were generally assigned by race to your prison cubicle: white, black, or Mexican. I was assigned to bunk with another white inmate. That night, he gave me the white boy lecture. It was like it was straight out of the movies. The prison yard was organized along racial lines. Thou best stand by the

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white boys when told to, or else. Generally, though, I was left to my own ambitions while incarcerated for the ten year period.

The First Year I spent every waking and available moment of my first year on the Mohave Unit in the prison law library. I had amassed a copy of my record on appeal. It occupied nearly seventeen banker’s storage boxes kept in my prison cubicle. The prison law library was managed by Shirley Cox. She was also one of the notaries on the Mohave Unit. You will see her notarized signature all over my legal pleadings filed in the federal and Arizona courts during my time at the Mohave Unit. I spent time in the prison law library researching the issues I would raise in my criminal appeal. I was filing all kinds of motions in the Arizona Court of Appeals trying to fashion the record on appeal to garner the best odds of success. The court would grant this, and deny that. I was receiving so many Orders that seemed to coalesce with my actions undertaken to the point where I told my Mother during a visit in May 1995, “You know, Ma, I think they’re trying to talk to me.” That is, I was being schooled in the use of informal information signals from the court. You have to understand while I have written voluminously about the Supreme Court’s use of informal information signals in this book to this point; I never understood that was what they were until this critical time, May 1995. After I told my Mother that I thought the courts were trying to talk to me by correlating negative and affirmative orders with actions I was undertaking on the prison yard, I became seriously interested in all the informal information signals I could observe.234 I wanted to go home.

234

Later, I would revisit matters that had transpired in the JNC litigation and before only to realize a plethora of signals. The first I can point to is the Supreme Court’s Vogel Fertilizer decision. I believe the Court

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One of the motions I filed in the matter of my criminal appeal requested the Arizona Court of Appeals, Division Two, to appoint an attorney to give me legal advice as to how to represent myself in the criminal appeal. I specifically asked the court to appoint Fred Hickle to give me that advice.235 The appellate court granted the motion, but appointed an attorney of its own choosing, William Wilkinson.

The Catharsis On August 4, 1995, I received a letter from William Wilkinson whilst incarcerated at the Mohave Unit of the Arizona State Prison—Douglas.236 In hind sight, the letter operated as an emotional “squeeze,” preying on my overwhelming desire to go home, and led to a catharsis; a release of subconsciously suppressed matters into cognitive processing.

Basically, the letter

intimated if I wanted to go home I would have to tell about the corruption that led to my criminal conviction; particularly the judicial and prosecutorial misconduct. Upon reading the letter, I immediately ran to the phone and called Wilkinson. When he asked me about the purpose of my call, I emotionally blurted, The bonds are void! It’s in the Exit Interviews! They threatened my life! I lost my wife! It was Judge Bilby!

used informal information signals as fishing bait for its opening to assail official corruption the ICMC has wrought throughout America’s history. 235

During my last year of freedom, I spent both Thanksgiving and Christmas 1993 with Fred and his family and their friends. Fred’s friends were gourmet cooks. The meals were fabulous; as was the welcome I received. I will remember those events with great warmth. 236

A copy of the Wilkinson letter is posted on my curriculum vitae web site and may be found at this URL: http://www.randall-cv.net/Wilkinson%20Letter.pdf.

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I then said, “And the Ninth Circuit is in on it, too!” I wondered why I had added that last statement. Did I really think the Ninth Circuit lied in the same corrupt bed as Judge Bilby? Only recently did I realize the missing party was the Supreme Court. I was saying the Ninth Circuit was in on the Supreme Court’s historic exercise of supervisory jurisdiction. I knew it at the time, but that wasn’t totally captured in the emotional release. Of course, one can ask why I had subconsciously suppressed these facts. I wasn’t afraid of Berkley and Admiral, notwithstanding Kinney’s conveyance of the extortionate threat on my life at the April 1989 preliminary hearing. Was it the fact that I believed myself unworthy to be a ward of the Supreme Court’s historic exercise of supervisory jurisdiction?

I had thought it

was because I could find no venue trustworthy to vindicate the truth. The truth is, I simply don’t know why I had suppressed matters.237 Following that telephone call, I returned to my prison cubicle and contemplated what I had said to the attorney and why I had said it. Why did I report, “The bonds are void?” And, "It's in the exit interviews?" I knew what I meant by the report of the threat on my life, and that I lost my wife. I also needed to figure out exactly what I meant by exclaiming, "It was Judge Bilby." The only time I appeared before the Chief Judge of the United States District Court for the District of Arizona, Tucson Division, was on September 17, 1987, the day I put myself, my corporations, and all the JNC limited partnerships in Chapter 11 bankruptcy. The bonds refer to the limited partnership financial guaranty bonds issued by Admiral Insurance Company in certain financing arrangements involving the real estate development limited partnerships I had organized from 1984 through 1987.

Briefly, a typical limited

partnership involved forty limited partners each signing a $100,000 promissory note, aggregating

237

Maybe I had to do so to convince Murray Miller I was genuine; if so, I deserve an Academy Award.

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$4,000,000. Admiral would guaranty each limited partner would make timely payments under the terms of their promissory notes. Then, a lender, relying on Admiral’s guaranties, loaned the limited partnership $4,000,000. The offering memoranda are replete with disclosures involving the partnerships’ intentions to make distributions to the limited partners to make interest and principal payments on their subscription promissory notes.

However, in the event the

partnerships were unable to do so, the limited partners were nonetheless obligated to make such payments. Both Admiral and the lenders knew this because, in many cases, interest reserves to make interest payments on behalf of the limited partners under the terms of their promissory notes were deposited in an escrow at the time of the financing closing.

Figuring Out the Corruption in My Case For the two months following the Wilkinson telephone conversation, I researched matters in the Douglas prison facility's law library; a library well-stocked in legal research materials.238 I tried to figure out the legal basis for my claim to the attorney that the bonds are void. If Admiral issued the bonds in violation of Arizona’s insurance laws, then the bonds would be void because the unlawful transaction of insurance violates public policy. Based on extant holdings of the Arizona Supreme Court, Admiral would be liable to the lenders for its guaranties and would be concomitantly unable to pursue its claims against the limited partners, the partnerships or me pursuant to the terms of the bonds. The bonds are void under Arizona insurance law because of the monoline mortgage guaranty insurance statute. Briefly, that statute provides if a surety issues mortgage guaranty

238

There were times when I was figuring this stuff out that there was strange stuff going on in my head. I heard noises like Kellogg’s Rice Krispies: Snap, Crackle, Pop. And, at one time, I experienced a burst in my head, like a tiny star exploding.

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insurance, it is proscribed from selling other insurance. All fifty states have such a statute; it is designed to lead to stability in the mortgage markets. First, Admiral was engaged in other property and casualty insurance lines at the same time it was engaged in issuing the limited partnership financial guaranty bonds. Second, it always received a deed of trust on the limited partnership’s real property, securing its interests in issuing the bonds. The only question remaining is whether the bonds substantively involved the limited partners' equity investment in the limited partnerships or the limited partners' partial loan guaranties of the limited partnership’s indebtedness. The latter condition would render Admiral’s issuance of the bonds substantively equivalent to mortgage guaranty insurance. Since Admiral was engaged in other insurance lines at the time it issued these limited partnership financial guaranty bonds, it unlawfully engaged in the transaction of insurance in the state of Arizona and the bonds are void where the legal effect is that, while Admiral remained liable to the lenders for its guaranties to them, it would be unable to prosecute claims against the limited partners, the limited partnerships or me. At the time, the act of unlawfully issuing insurance in the state of Arizona was a misdemeanor criminal offense; it is now a Class 5 felony. Since Admiral committed more than one misdemeanor in a ten year period and crossed state lines to do so, it violated the Travel Act, a federal racketeering statute carrying stiff fines and prison sentences. As it turns out, the determination as to whether the limited partners’ partnership subscriptions substantively involved equity investment in real estate limited partnerships or substantively involved partial loan guaranties has concomitant dual legal consequences. A determination that the financing transactions substantively involved the limited partners’ equity investment in limited partnerships would mean that the transactions involved the issuance of

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securities for Arizona and federal securities law purposes and that Admiral did not engage in the unlawful transaction of insurance.

On the other hand, a determination that the financing

transactions substantively involved the limited partners’ partial loan guaranties of partnership indebtedness would mean that the partnership financing transactions did not involve the issuance of securities for Arizona and federal securities law purposes and that Admiral unlawfully transacted insurance in the state of Arizona, violating Arizona’s insurance laws and the federal Travel Act. That is, Admiral had a material and substantial interest in my conviction for violating Arizona’s securities laws. At the time, securities jurisprudence concluded the issuance of limited partnership interests did not involve the issuance of securities, per se; rather, whether such interests involved the issuance of securities was determined by a well-established three-prong test.

If the

transactions involved (i) an investment of money, (ii) in a common enterprise, (iii) where profits are derived solely by the efforts of others, then the issuance of limited partnership interests are deemed to involve the issuance of securities subject to the provisions of Arizona and federal securities laws. Also at the time, the Supreme Court’s securities jurisprudence held that the investment of money prong means money, property or services provided. Since the limited partners neither provided money, property or services in acquiring their limited partnership interests, the issuance of limited partnership interests did not involve the issuance of securities. The only hope Admiral had to insure a judicial determination on the securities issue in its favor rested on a determination that the limited partners had an intention to contribute money to the limited partnerships. Since the offering memoranda and the facts of each such limited partnership supports a determination that the limited partners did not have an intention to contribute money to the limited partnerships, a determination that the issuance of the limited

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partnership interests did not involve the issuance of securities and that Admiral had knowingly and willfully engaged in the unlawful transaction of insurance in the state of Arizona, with its attendant state and federal consequences, was reasonably foreseeable. My criminal prosecution derived from many sources.

First, Reaganomics set up

exogenous pressures on real estate development activities as the ICMC's money supply pressure objective wreaked havoc across the nation.

The nation's syndicators were consolidating

partnerships into master partnerships in response to these pressures. I developed a plan to consolidate the JNC partnerships and reviewed the pro forma balance sheet with my then auditor, Arthur Andersen & Co.

I received a preliminary nod from the firm that my

consolidation plan would result in an inceptive balance sheet with an unqualified opinion that total equity of $60 million fairly represented the financial condition of the roll-up corporation. I took the plan to Admiral and subsequently presented it to Bill Berkley and other W. R. Berkley Corporation officers as well. Berkley rejected the plan. My efforts to bypass Admiral and present the plan to the Admiral Bond reinsurers fell on deaf ears with directions to deal only with Admiral. Because Admiral refused to follow through with credit enhancements it represented it would undertake, the partnerships were placed into Chapter 11 in September 1987. That's when the shark-fest began. I filed my corruption claims in a Petition for Special Action in the Arizona Court of Appeals, Division Two. Within about two weeks, a Department of Corrections Sergeant stuck his head inside the prison dorm housing my cubicle and yelled, “Get that shit off the top of your lockers.”

There was an eerie quiet on the run.

I could only construe it as an informal

information signal: they used the allegations in my Petition for Special Action to get someone to cave in. They busted their first guy.

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For some reason, I first thought they used it to talk to Fred Hickle; but, why? I would never believe Fred Hickle was a bad guy; he left Lowell Rothchild’s law firm and was friends with Gerry Smith. Later, I came to believe the first guy “they” busted was Pima County Attorney Stephen Neely, as I explained in earlier chapters. The “get the shit off the top of your lockers” informal information signal became one used regularly by the Arizona Department of Correction officers. I was usually able to associate it as an affirmative signal correlated with matters I was then undertaking.

The Divorce No matter my catharsis, no matter I finally figured out the corruption in my case, and no matter my belief I would soon be going home, I couldn’t stop Stacia’s desire to move on with her life by leaving me, divorcing me finally. I fought her every way I knew how; trying to stop her from committing this marital suicide. However, by January 1996, my euphoria over having figured out the corruption in my case notwithstanding, I gave her everything she asked for and signed the dissolution documents the way her attorney had prepared them. I could no longer hold her up from getting on with her life.

Attack, Attack, Attack Once I had given Stacia her divorce, I turned my attention to seeking vengeance and wreaking havoc on all the motherfuckers who had destroyed my life. I went straight for Judge Browning’s jugular vein, as written in an earlier chapter; and received a “Granted” order from the Arizona Court of Appeals as a confirming informal information signal. The coward wouldn’t bring me into court for a man-to-man showdown; he hid behind the closed doors of his chambers and tried to quietly dismiss the case. I sought to dismiss all the cases Judge Browning and Judge

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Ollason had entered against me based on fraud on the court. I also sent briefs to the Ninth Circuit asking that court to vacate its adverse judgments on fraud on the court grounds. All the courts, even the Ninth Circuit, denied my motions. Why? Why in the hell would the courts go through all the trouble to uncork me, have me research the legalities of my fraud on the court claims it appeared they had wanted me to figure out, and then deny my release? I didn’t appreciate the answer then unknown: the ICMC.

My Criminal Appeal Once I experienced the catharsis and figured out my fraud on the court claims I realized a certain consequence. I couldn’t ask the Arizona Court of Appeals for relief in my criminal appeal. You have to realize the first cardinal rule of the courts is that decisions must be based on the truth: if you seek equity, you must give equity. Though not an attorney, I believed it would be an insult to the court for me to prepare an appeal and seek appellate relief for issues not based on the truth. I couldn’t raise the fraud on the court claims in the criminal appeal; the record was devoid of them. The appellate court could never consider them under the circumstances. I did the only thing I could do; I didn’t file any briefs. I couldn’t sign my name verifying the truth of the pleadings; no matter how much I wanted to go home. The Arizona Court of Appeals acknowledged my letting go of this one and only safety net. On its own motion, it reversed one count of the fifty-eight counts on which I was convicted. The “one,” of course, is a phonetic metaphor for “won.” That is why I stand convicted on 57 felonies today. Actually, I’m not really convicted of anything; it only looks that way. My conviction is void ab initio; its voidness is a secret yet maintained under the Supreme Court’s historic exercise of supervisory jurisdiction. Don’t believe me? Keep reading. - 309 -

The Abusive Litigant All in all, I have litigated somewhere around 20-30 cases in the United States Court of Appeals for the Ninth Circuit. In spring 1996, I filed my Petition for Post-Conviction Relief in CR-43071 asking Judge Leonardo to vacate my conviction on the grounds of my fraud on the court claims. He dismissed same because of my criminal appeal. However, I received another tell-tale informal information signal. The United States Court of Appeals entered an Order on or about the same time as when I filed the foregoing Petition for Post-Conviction Relief in the Pima County Superior Courts. The Order found that I was an abusive litigant. It required that I seek approval before I could file another action in the Ninth Circuit. I was pissed. Abusive? I suppose I didn’t want to believe I could not yet go home. The informal information signal was one over my own security. The Supreme Court probably determined I was best protected as a resident among the Chief Justice’s henchmen; it was a decision in the interests of my own well-being.239 The chase after the ICMC had just begun. Of course, this is yet another one of those realizations only recently come to past as I sat to write this book.

Let Me Go Home In summer 1996 I filed a Petition for Review in the Arizona Court of Appeals seeking review of Judge Leonardo’s CR-43071 Order dismissing my Petition for Post-Conviction Relief. I trusted that particular court; seven pre-trial special actions, four exercises of jurisdiction, three decisions in my favor, one a published opinion. “Come on, let me go home!”

In Part IV – The End Times, I will explain the theory I was never incarcerated among real prisoners; only the Chief Justice’s henchmen. After all, one does not become a ward of the Court’s supervisory jurisdiction and hang with prisoners when the conviction is substantively void ab initio. 239

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On August 14, 1996, an Arizona Department of Corrections Officer came to me and told me to “Roll Up!” I was being shipped out the next day. “Hallelujah,” I thought, “I’m going home.” The next day, as I waited in a holding cage, I learned I wasn’t going to court in response to a Writ of Habeas Corpus; I was being transferred to the Arizona State Prison – Florence, South Unit. “What the hell?’’ I thought. Little did I know what was in store for me at the South Unit facility; that crafty Bill Rehnquist.

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Part III Beauty and the Beast

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Chapter 21 The South Unit Prison Facility The prison bus left the Mohave Unit around seven in the morning. The trip from Douglas to Florence endured all Arizona’s back and dusty roads. After all, it was late summer 1996; summer nonetheless. It was hot; all the bus windows were opened to emulate air conditioning. There was no sympathy for the cons in the back of the bus. The detail of every bump was properly recorded on tailbones surrounded in shackle’s chains. A Jewish inmate professed South Unit would be a better place for doing time. Of course, I was ever the skeptic; the Mohave Unit had a snack shack. In nearly my first year down I, too, tired of the six-week prison menu cycle and had come to cherish inmate commissary and snack shack cuisine. It had been a year since the catharsis and nearly as long since I figured out the corruption leading to my criminal conviction. Why am I coming here instead of going to court so I can go home? The courts uncorked me to figure out the corruption in my case; now they won’t let me go home? What’s up with that shit? Mercifully, we wound our way through Florence, Arizona and headed for the tell-tale water towers and multi-level jailhouses defining Arizona’s oldest prison – The Walls. South Unit sat on the western edge of the Central Unit; made notorious by its history, death row, and gas chamber. I resolved I would work harder on getting home.

Arrival on the Yard Don’t ask me why, but by the time we went through South Unit intake and released onto the new yard I would call home, it was supper time. The transfer was an all day affair. We were directed to the chow hall. I would soon appreciate the difference.

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Food service on the Mohave Unit was operated by the Canteen Corporation. I knew the Tucson Canteen manager from Stacia’s business. A fellow named Jim Flood. I made a note once I was released and went home I would go see him and let him know how crappy the food was at the Mohave Unit. As I walked into the South Unit chow hall I saw what was for supper: spaghetti, and lots of it, garlic bread, and salad. The dessert was the only inconsequential contribution to an otherwise incredible prison-prepared meal. Other inmates explained the difference. The kitchen on this prison yard was operated by the State of Arizona. For a moment, I forgot about the state’s contribution to my criminal conviction (I won’t bore your with the details again) and luxuriated in well-prepared mass-produced spaghetti.

I immediately gave thanks for the

difference in food quality. Little did I know I would come to know it on a more close-up basis.

The Kennedy Dorm I was assigned to the Kennedy dorm. It had two long wings of single bunk cubicles, separated by the guard’s cage and the bath and shower room. It, too, dominated the Mohave Unit in accommodations. I have this strange behavioral thing going on, I must confess. One of the first things I have to do whether I’m checking into the Helmsley Palace or a new prison accommodation is that I have to check out the bathroom facility. I don’t know about you but I have to inspect the toilet and shower facility; prepatory to actual usage. I did as much here and concluded, strangeness aside, I would somehow survive. It is necessary to adopt same as my own; enabling exposure of certain parts of me. The next day, of course, I had to check out the prison law library. The priority remained unchanged. I would be going home soon, get my bzillions in damages, and be the playboy of my dreams. All I had to do is figure out how to unlock Pandora ’s Box. I was yet confident. I had - 314 -

figured out complex legal issues and won some battles in a reported opinion on same. I also knew I had received denials that should have been victories. I would figure this out, too.

Petition for Writ of Habeas Corpus in the Ninth Circuit The prison library on the South Unit was much smaller than the empire Shirley Cox had developed at the Mohave Unit; an informal information signal that escaped my attention as I remained blinded by a compelling desire to go home. Nonetheless it was time to prepare another habeas corpus petition and file it someplace where I hadn’t yet filed one: the United States Court of Appeals for the Ninth Circuit. I didn’t really cotton much to the idea; after all, the bastards had recently called me an abusive litigant: Ungrateful insolents. That’s what I thought about them at that time. Post-catharsis and corrupt conviction awareness, I knew I had deepsixed my criminal defenses to enable them to get to the corruption in my case. Now, it was my turn, god dam it. Let me go home! I filed a Petition for Writ of Habeas Corpus in the Ninth Circuit in September 1996. I thought it was one of my best articulations of the totality of the corruption; the commingling of federal and state official corruption necessarily invoking federal revisory intervention in the first instance. Moreover, any effort to seek habeas corpus relief in the federal district court would be fruitless inasmuch as the petition would just be assigned to the corrupt Judge Browning and he would merely dismiss it rather than air out its legally sufficient claims for relief. I was confident the Ninth Circuit would have to give me my due. Of course, you have to appreciate there being no urgency for immediate injunctive relief; all I could do is sit and wait. I would visit the prison law library again and again; yet making sure there were no issues remaining in my corrupt conviction I had not discovered. I wanted to fire all the bullets in my

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going-home gun. However, another informal information signal appeared in the form of a formal information signal. It came from a higher court.

Casey v. Lewis The case even came out of Arizona: Casey v. Lewis, 518 U.S. 343 (1996). Sam Lewis was the Director of the Arizona Department of Corrections. On certiorari to the Supreme Court, the respondent Department of Corrections prevailed against a class of prisoners over an issue involving prison law libraries and access to the courts. Prisoners, like me, who believe their conviction is unconstitutional, corrupt, or otherwise shouldn’t be, pound the courts with actions in seeking their release from custody. What else is one supposed to do? Lay there and take it? Fuck ‘em. Begrudgingly, I came to recognize this Justice Scalia written opinion as an informal information signal: I didn’t have to do any further legal research in my effort to go home. The prison library was an unnecessary resource. The ivory tower bastards; they needed to come down from their self-proclaimed wisdom and comprehend this side of the fence. I didn’t want to listen to that informal information signal either. It was decisions like this and my inability to get my conviction reversed and go home that led me to a pejorative assessment of the nation’s legal hierarchy: “Strict constructionists, my ass!”

More Visits While I waited for the Ninth Circuit’s decision on my action that would certainly take me home, I did luxuriate in yet another improvement over Mohave Unit incarceration: more visits. The Mohave Unit was approximately a 2.5 hour trip, one way, for my Mother to come visit me. Visits only happened about once every four months during my year and a half stay on that yard.

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However, Florence is approximately 60 miles north of Tucson. It was only an hour’s trip, or so, for her and other family members to come visit me at the South Unit facility. The Mohave Unit had the snack shack advantage over the South Unit, however. Nonetheless, I came to appreciate vending machine food during visits. For this, I would thank Canteen’s Jim Flood when I went home. One tends to celebrate vending machine cuisine whilst incarcerated. It is such a relief from the prison cuisine, even when prepared by the State of Arizona. My Mother promised every other week visits while I was incarcerated in Florence. She kept her word. She usually brought my sister, Cheryl, and Cheryl’s then husband, Greg. Both Cheryl and Greg were “special education” students. Nonetheless, Greg and I would take on Cheryl and Mom in the Midwest card game Euchre. It had been a family tradition. Each visitor could bring in ten dollars worth of quarters. So, between the four of us, there was thirty dollars worth of quarters to exhaust the contents of the South Unit Visitor Facility vending machines. Does it sound like a lot? The visits lasted from around 9 a.m. to 4 p.m. I always returned to the yard stuffed with vending machine food. You have to appreciate there is one price prisoners pay for the privilege of having visits. On the way back to the yard the prisoner gets strip-searched. You have to lift up your nut sack and show them your asshole while your coughing; the search for illegal drugs smuggled back onto the prison yard. I don’t know about you, but they couldn’t pay me enough to look at another guy’s nut sack and asshole.240

240

I always figured folks who were prison guards couldn’t get a job elsewhere. The first prison guard I met was Barbara Smart’s ex-husband, Bill. I remembered when I met him during the early JNC days, I felt eerily uncomfortable though he seemed a nice guy; another informal information signal from God. This also brings to mind what my third grade teacher, Ms. Jones, told my Mother during a parent-teacher conference: “He is really intelligent and industrious. He will either be really successful or go to prison.” Was it another Deity informal information signal?

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Assignment to Work in the South Unit Kitchen After I was settled into the South Unit facility, I was rudely awakened one morning at 4:30 a.m. in September 1996 and told to report to the kitchen to go to work. I was a little more than unhappy about this demand. My prison inmate account was frozen due to all my litigation costs incurred in my effort to get home.241 That meant I would be working for nothing; that is, nothing short of pure slavery. Nonetheless, I reported to the kitchen. I was first employed as the stock room clerk. That meant I had the privilege of unloading trucks and stacking 100 lb. sacks of flour, sugar, pinto beans, and potatoes, among other things. After awhile, I grew to like it. In short, I was working out and getting in shape. The kitchen supervisors were easy to get along with; and, in prison, working in the kitchen has its privileges. After all, that’s where the food is. There then came a time when the kitchen security sergeant came to me and asked if I would like to change work positions from being the stock room clerk to working in the officers’ dining room. The officers’ dining room position involved coming into the kitchen three times a day; breakfast, lunch and supper. While there would be breaks in between the meals, I told the kitchen sergeant I would rather stay as the stock room clerk because I liked coming in at 5 a.m. and leaving at 1 p.m. So, to get me to voluntarily accept the transfer into the officers’ dining room, the kitchen sergeant and the kitchen supervisor, a white shirt by the name of Willie Davis, bifurcated the officers’ dining room job into two: a morning and afternoon shift. I ended up choosing the morning shift. So, I became the officers’ dining room porter, morning shift.

241 While at the Mohave Unit, I was allowed to run up in excess of $14,000 in photocopying, mailing, and court costs that were charged to my inmate account. Once, the Mohave Unit Deputy Warden called me into my office and asked me about which cases the Arizona Attorney General was representing someone in my litigation. After telling him, I asked if he was going to stop me from incurring further legal costs. He said, “No, happy photocopying.”

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The officers’ dining room was not large. There were four tables with four chairs around each table in the center of the room. There was a “hot” serving line along the north wall. The outside entry was by a door situated in the southeast corner of the room. The sink and cleaning area was along the west wall. The south wall included a microwave oven and a free-standing vertical refrigerator with a glass door. My job was to stock the serving line with the lunch foods, including the cold section of the serving line. Of course, I was charged with keeping it clean. Officers would come in during various times of my shift, either passing through into the kitchen or settling in for lunch. One day, the kitchen security sergeant noticed my jeans were ripped up the back side, probably showing my ADC boxers. The white boxers had a vertical ADC silk-screened on them in bright orange. I was dispatched to the laundry facility to get new jeans. I didn’t know it at the time but I was being prepared for a visit forthcoming. For this visitor, I couldn’t be wearing ripped jeans. I had to look good. On another day, another inmate, a black dude, was working with me in the Officer’s Dining Room. He advised I needed to trim my nose hairs. Does that sound strange? Again, it was the visitor forthcoming I was being prepared to meet. By God, those nose hairs couldn’t extend below legal limits.

The Day Beauty Walked through the Door I can’t tell you the date, I can only tell you it was lunch time. One day the outside door to the officers’ dining room opened and in walked two female guards, one a blonde and one a brunette. At that moment, I was standing at the sink cleaning. Eerily, as the door opened I turned around to see who was walking in. I noticed the blonde officer in particular. I noticed she was wearing a short-sleeve tan Arizona Department of Corrections blouse. Her blonde hair - 319 -

was coifed up. Her fair complexion seemed to carry the day’s sunlight in a continuing radiance. All I remember is my comment to myself, “Whoa, now there’s a pretty woman!” The visitor had arrived. I watched as the two female guards weaved their way through the maze of the four tables; they chose one closer to the sink. I knew I had to investigate. In hind sight, I probably made a mental calculation that, soon, I would be going home and this girl was representative of the selection sure to be mine. My hustle was to go over, feign a question, and look in her eyes. That would tell me, a guy now single, everything I needed to know. I made my way to her table. Rudely, I ignored her companion, Officer Curtis. First, I espied her name tag: “D. Carter.” Then I began to notice just how soignée her appearance. Blonde weaves tucked in behind her head; that clear complexion yet carried the day’s light. Her breasts seemed neatly organized in her blouse; compelling my attention nonetheless. My creativity was at its best. I asked her if there was anything she needed, could I get something for her. At the same time I was looking straight into her light blue eyes; clear in intention. I thought I was in control. Whatever that silent communication that transpires by seemingly unending gazes, it happened here. I knew I wasn’t the one in control of the moment. It was all I could do to hang onto rational thought and maintain cohesive conversation. My consciousness was sent to reside somewhere in the back of my head; it was the furthest distance it could find as a sanctuary from beauty’s radiance demanding. All I could think at the moment was something like, “I have to find her on the yard again. I want more of her.”

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Chapter 22 Charlotte Johnson I’m not sure what her name actually is. I was never formally introduced, so I don’t know her complete or real name. When I first espied her name tag, it said, “D. Carter.” I considered whether the “D” meant Debbie, Dolores or Dorothy. I settled on referring to her as “Diane Carter.” I received a letter from my Mother mentioning friends named Bill and Dianne Stephens at the initial stages of chasing Officer Carter around the South Unit; so, relying on my Mother’s letter as an informal information signal, I adopted “Diane” as her first name. I referred to her as Diane Carter in the enumerable letters and cards I would come to mail home to my Mother for her benefit. I had no other address to use. What’s in a Name? I didn’t actually believe her name was “D. Carter” under any circumstances. Remember, I was raised in the Supreme Court’s school of informal information signals. Besides, she was so beautiful you couldn’t help but wonder why she was a prison guard. Moreover, her hour-glass figure would later define the scripture writers’ Virgin Mary schematic that would become The Perfect and Beautiful Woman logo representing my academic research she inspired me to undertake. Let’s examine her “prison name” as an informal information signal. First, “Carter” is my paternal grandmother’s maiden name; ergo, a “maiden name” or “family” heritage is implicated. My high school homecoming queen was named Diane; a girl who most had a crush on at one point in knowing her; mine came in 5th grade. So, taken together, the “D. Carter” name bodes promising as an informal information signal itself. Over the years, I’ve referred to her as Diane, Tammy, or Debbie; all because the use of informal information signals implicates obliqueness

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and misinformation to mask her real identity. So, to make it simple, I decided to call her Charlotte Johnson; after that country song about her namesake swinging in a swing.

Precious Moments I remember many of the dates of the encounters I would share with Charlotte after that first one; I just can't remember the exact date of that first encounter, the day she first walked into the Officer’s Dining Room. I do know it was sometime between September 1, 1996 and Thanksgiving 1996. If you believe today’s informal information signals, the date was September 27, 1996.242 Before I was removed from the South Unit yard for my last face-to-face encounter with her, we shared numerous other moments. In hind sight, it is fair to say she orchestrated them. After all, I was so confident I would be going home any day due to my unconstitutionally corrupt conviction; receive bzillions in damages; and, for the first time in my life, be the playboy of any boy's dreams. She changed the last part of that statement. Although she wasn’t there physically when I made that transition away from playboy status; her presence in my heart defined the transition as a precious moment nonetheless.

The Green Sweater Encounter I don't remember the date of this encounter either. However, it occurred sometime between the first encounter, allegedly September 27, 1996 and January 1997. Between this encounter and the last I probably observed her moving around the South Unit yard on

242

As will be explained in a subsequent Chapter, my recognition of radio and television informal information signals commenced on or about March or April 1997. Recently, a series of songs defined the date as I was considering just exactly when it was I first met her. The songs were September Morning by Neil Diamond; 25 Miles by Edwin Starr; and, Two More Bottles of Wine by Emmy Lou Harris. So, the interpretation works like this: September was the month (the first song) and the 27 th was the day (25 + 2; taken from the last two songs). This is a “horizontal” informal information signal. I will explain vertical and horizontal signals in subsequent chapters.

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enumerable occasions. Holy Moses; most would wonder what such a beautiful woman was doing in a prison facility. Hint: I don't think she was an actual prison guard. I believe she came there to meet me and I was transferred to that facility to meet her; a “benefit” of being a ward of Supreme Court supervisory jurisdiction.243 One day while I was working in the Officer's Dining Room, she again visited with another female officer friend; so blinded was I it is not possible to recall any details about the other officer other than she was a woman; I think. I was sitting next to the microwave with my back to the south wall of the room. There were only four dining tables with four chairs each in the Officer's Dining Room. The expanse was only about 15 feet. So, when I report she sat across the room from me, the distance wasn't all that far. But, that's where she sat on green sweater encounter day. It was a bit chilly; so that puts it in the winter season. She was wearing a green sweater over her tan uniform blouse. She was facing me. I just sat there and looked at her; taking in all aspects of her existence like it was a rare painting seldom seen. I was getting hooked on her presence. In hind sight, the green sweater itself was an informal information signal. The color green invokes a positive connotation; the opposite of red’s anger. A “sweater” is a phonetic metaphor for “sweetheart.”

So, the interpretation is that the lovely Officer Carter was

announcing a positive sweetheart affirmation. After that day, I came to learn she had been assigned as the Laundry Officer. The South Unit laundry facility was between the Kitchen, where I worked, and the Kennedy Dorm, where my prison cubicle was situated. So, I knew I would plan "drive-by visuals." Sounds juvenile, doesn't it? That's what these things do to the hearts of grown men, no matter how tough they

243

There are few benefits; believe me.

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think they are. Beautiful women drive us to our knees and make us pound the ground for mercy. Keep reading.

The Gate 5 Truck Encounter I'm not sure when this encounter took place; but, it had to be among the first after the Officer's Dining Room introduction. I was working the Officer's Dining Room one day. After the lunch rush I went outside for a smoke; a rolled Bugler cigarette. Gate 5 to the prison yard was about 100 yards away to the southeast, in clear line of sight of the outside entrance to the Officer's Dining Room. The gate opened by the control of the guard in the gun tower above it. A white pick-up truck came inside the prison yard. She was driving it. I didn't take my eyes off her. I wondered what distilled this moment, ever so brief. In hind sight, it was probably her statement that if I continued to smoke she was leaving. While I don't remember factoring her into my decision to quit smoking and start exercising, I nonetheless did both. I undertook the exercise regimen with a serious accounting. I still believed I was going home soon; my criminal case rift with corruption. Large damages were mine to be had; my case involved hundreds of millions of dollars wrongfully taken from my control. The world would be mine; including every beautiful woman in it. That’s how I saw it. She continued to haunt my existence. It was probably hers to witness when other "prisoners" suggested I attend bible study and then non-denominational church services. I knew it was a strong suggestion; hell, my aim was to please. After all, I wanted those in control of my prison release to let me go home. So, I went to both. I grew up catholic. I went to parochial school for grades 1-4 and moved to Tucson as fifth grade had just started. The catholic school was St. Joseph’s in Rock Island, Illinois. It was - 324 -

juxtapositioned near the Centennial Bridge that spanned across the Mississippi River to Davenport, Iowa. I remember my first experience with the power of prayer. I was in first grade at St. Joseph’s. There were two first grade classes; mine was in the older part of the school, the other was in the new wing. Old versus modern; it set the stage for a battle. My class was scheduled to play the other in basketball in the school gymnasium; certainly, an Olympic confrontation in a first grader’s mind’s eye. The basketball hoop was set at about five feet against a plywood backboard. Little guys like us could almost dunk the ball. My team wore red; the other blue. “Surely,” I thought, “the wearing of red meant my team was destined for greatness.” It was not to be. We were trailing late in the game when I was removed from active play in favor of a bench warmer. I did the only thing a good parochial first grader would do. I went behind the backboard, somewhat hidden from the crowd that filled the gymnasium and prayed: “God, please let my team win.” We lost. I reflect on that first prayerful experience today as a lesson about praying in the Will of God versus the will of Randall. The former works; the latter doesn’t stand a chance. St. Joseph’s is no longer there; I received news after being released from prison in October 2004 it would soon be demolished. Grandma Mabel (nee Carter) lived down Second Avenue from St. Joseph’s. Peerless Dairy’s ice cream parlor and soda fountain was across the street. Carter passed away in 1987. I have no family left in Rock Island. I haven’t been back since the school was demolished. The place ain’t the same; but, her name tag made me remember it all.

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As it turned out, I came to love the singing at the church services on the South Unit prison yard. The evening services took place in the same room where visits occurred (in the presence of those vending machines). After services, I would walk by the darkened laundry facility on my way back to my dorm. I looked in the windows to see the essence she left behind. Surely she did; just for me. It wasn’t just one night; but, every night I went to church services I looked for her essence, a fragrance haunting and daunting. Little did I know where attending services would lead; what could I know about loving a woman in the presence of God? – Me with three failed marriages.

The January 1997 Encounter After Charlotte began working at the prison laundry facility, I planned visual observations as frequently as possible. In fact, I would often sit and play chess, especially on Fridays – my day off from working in the kitchen. The table where I sat had a window near it where I could view straight down the sidewalk and observe those coming and going from the laundry facility. Of course, I would espy Charlotte coming to and fro on many occasions. In hind sight, I would wonder if she knew I was watching her.244 Then one day in January 1997 I was walking by the laundry facility when I noticed a collection of prisoners gathered at one point along the fence surrounding the entrance to the laundry facility.

Many times when I observed Charlotte on the prison campus she was

surrounded by a veritable entourage of prisoners. So, I approached the fence, probably with her foreseeable presence stuck in the back of my mind. As it turns out, I was right. There were probably 10-15 prisoners surrounding the

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Of course she did. She would come and go as a walking, talking informal information signal; or would that be a formal information signal?

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fence. On the other side, she stood answering questions about the procedure and process involved in obtaining new prison clothes and boots. Naturally, I had to join the conference. At one point I seized the opportunity to ask her a question. She turned to look at me and her demeanor noticeably changed. Her head tilted up and to the side as if her eyes were going to steal a look at me; her throat seemed to tighten, and a slight shade of pink endowed her ever fair complexion. She seemed to be somewhat unnerved. I don't remember the words we shared. I just remember how beautiful she was; and, in response to her noticeable change in demeanor, I turned around to see who was so intimidating to her. I guessed it must have been me. "Are you sure?" I rhetorically asked myself. I would write her about this moment in letters to come; bundles of letters to come.

The February 11, 1997 Encounter Things picked up a head of steam between Charlotte and me after the “Day at the Laundry Fence” precious moment. As I recall, I started attending bible studies on the prison yard, quit smoking, and began walking the prison yard; Inspiration? The next precious moment I remember turned out to be a somewhat explosive one. Here is how it unfolded. My Mother came to visit me on Sunday, February 9, 1997 at the South Unit prison facility. During the visit, my Mom and I discussed the corruption in my case. I explained to her how I thought it was Judge Reinhardt from the Ninth Circuit who first figured out the Exit Interviews amounted to bribery bait. I continued to discuss with her how freedom was surely around the corner, I would receive bzillions, and become the playboy of any boy's dreams. Then we talked about the type of girl that would appeal to me. She asked me if I would date American girls or did I plan to just chase foreign babes. I seized the moment to talk about Charlotte for the first time. In response to my Mother, I said, "I would date the Laundry Officer. - 327 -

She's beautiful inside and out; you can just tell." So we discussed just how beautiful I found Charlotte to be. Then came the morning of February 11, 1997--a Tuesday; a mere two days later. I was working in the Officer's Dining Room. It was just after 8 a.m. I was cleaning the dining room to ready the facility for the lunch rush. The door to the dining room opened and a woman's frame began to edge into the facility. It took no more than the leading edge of her body to tell me it was her. She walked in the door, it seemed, as if she was riding on the wind. Her cheeks were rosy; her hair up and somewhat tossed askew; like a free-form but sensual composition. The woman wasn't only beautiful; she was simply sexy. The kitchen guard was with her. They both paraded over to the area where I was working. The kitchen guard spoke to me. He said, "Could you get Officer Carter a cup of coffee?" I turned to her. She was wearing a lined officer's jacket; her hands invested in both pockets -- begging for something to hang onto against the moment arriving. I was innocent by the intention in my heart; closely guarding my secret aspirations and intentions. I looked into her eyes and began to ask the simple question, "Would you like cream and sugar?" Before I could finish the question, a smile changed her complexion. She then fought it.

Her face squished up as if she had something to hide.

Then I noticed the

embarrassment of her heart's confession. This sea of red rose up between the lapels of her blouse divided and flooded her face. Immediately, my head started spinning and I realized she must know what I had said to my Mother that Sunday past -- "I'd date the Laundry Officer; she's beautiful inside and out. You

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can just tell." I don't know if I blushed as well. But, there was heat, fire, and unrestrained hearts bonding. I knew; she knew. She only wanted cream. I had to retreat to the kitchen proper to find it. Thank God for the break. I did my best to regain composure. Unequivocally, she owned the moment. I don't remember that she ever left. All I can tell you is she left me breathless; literally. After the kitchen guard and Charlotte left with her coffee, I stood at the kitchen sink. I used both hands to steady my existence. My breath was rapid, perhaps even struggling. Then I notice I had this huge erection. I couldn't believe it. Me? – A huge erection? – Now that's a precious moment if ever one be invented. The next time my Mother came to visit, I would tell her about this encounter, erection and all. My Mother and I have come to a place where we can discuss those things in my life. Her response was only that it had been a long time since I made love with a woman; it shouldn't surprise me as much as I thought it did. Did she know how simply beautiful and sexy Charlotte is? If I had a guess at the time, I would have ventured Charlotte to be in her late twenties while I was then in my mid-forties. I learned, however, from my friends Bill and Dianne Stephens such differences in age are insignificant against the pallor of comfortable love. The point being, I didn’t notice the age difference between Charlotte and me. She made it that comfortable. Sometime over the next few weeks I decided to capture the moment by mailing a card for Diane's benefit (interchangeable name used here). In fact, I took to writing many things to her while we yet remained on the South Unit yard together. I would place them in the prison

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mailbox and await some sort of informal information signal. Pavlov's dog; I became in this regard. I would do just about anything to engender a "Diane" informal information signal. I learned from one of the other prisoners which prisoner drew cards for other prisoners to purchase. I went to that prisoner and found what I thought was the perfect card, just for her. There was a flower on the front. I sat at my prison cubicle desk. I opened the card and began to write a short message. I didn't finish it before I realized just how stupid it sounded. I was disgruntled with myself. I couldn't mail such an inferior declaration to her. I don’t remember exactly what I had started to write; only that its triteness stopped me dead in my tracks. I lay down on my bed and consciously prayed. "Lord, let me write something from my heart to hers." The February 11, 1997 encounter had to be captured; not by the measure of the physical impact, but by the hearts then bonding. I immediately returned to my desk, ripped the card in half to remove the incompetent declaration and wrote, The Alpha and Omega of Innocence is a Sweet Smile. Not bad, huh? A girl knocks the daylights out of your physical existence and you capture the beauty of her heart. I loved the half card and ran to the mailbox to share it with her. It seems she came to know.

The February 11, 1997 Afternoon Encounter Later on the same day, February 11, 1997, I received a notice while yet working in the Officer's Dining Room I should visit the Laundry Facility and receive my new prison clothes. I suppose I was loathing to become subjected to her wiles; it seemed I begged to postpone another

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encounter. She already owned everything I had to offer any woman; what more could she want? I would soon learn. After work, I headed out to the recreation field to continue my "getting in shape" regimen. Then, an announcement came over the loud speaker; it blared over the entire prison yard, "Jenkins, 109671, report to the laundry." I had to go see her again.

I approached the laundry door with a modicum of

apprehension. She was standing at the door; the top opened, the bottom closed. I approached her and identified myself. Immediately, I could tell her demeanor. She was beaming with unrestrained confidence. Contrasted to the encounter at the laundry fence a month earlier her confidence had blossomed. She had harvested knowledge answering her heart's begging questions. She knew the answers; and, her confidence was now all over her face and body language. I was the meek one; this was not according to plan. I was supposed to be in control; chivalry, I thought, demanded it. She advised I could pick up my clothes petitioned in January, including my new boots; but that I must exchange old clothing to get the new clothing. I told her I was missing a pair of underwear. She said she could "live with that." We agreed I could return the next day for the tell-tale exchange of clothing; short one pair of boxers.

The February 12, 1997 Encounter As commanded by Officer Carter, I returned to the prison laundry facility the next afternoon with the requisite clothing exchange in hand, save the excused pair of boxers. When I arrived she was again standing at the laundry's double door; the top open, the bottom closed. We began consummating the clothing exchange and then she announced she had to stencil my prison number in my boots: 109671. She took off her jacket and revealed she was - 331 -

wearing a short-sleeved tan prison guard’s blouse; nothing new there, I’d seen her wear one on numerous occasions. As she made her way to the area where she would stencil my new boots it seemed as if she was strutting like a runway model. She turned around and approached me again, baring her forearms for my inspection. I had no idea what she was doing; but, I couldn't help but take in every moment as if it were my last alive. It would be a couple years before I figured out in hindsight why she was modeling her forearms; I admitted in letters to her they were indeed quite feminine yet provocative. The modeling routine, it seems, was her way of asking me about Elle McPherson. I knew my unique status as the only ward of the Supreme Court’s historic exercise of supervisory jurisdiction would bring some level of fame. Prior to incarceration, when Elle had appeared on the cover of the Sports Illustrated swimsuit edition, Jay Dow and a Sumwalt family friend, Greg Oester, and I were having lunch at Buddy’s restaurant in Tucson. The topic of conversation turned to Elle McPherson and how the magazine had claimed her “the most beautiful woman in the world.” Of course, I had to see for myself; so I ran to the Circle K and bought a copy of the magazine. Unfortunately, I remember not really agreeing. Don’t get me wrong; Elle is beautiful – but, the most beautiful? I was looking for the most beautiful woman in the world; after all, isn’t that every man’s quest? The day would arrive when I would find the most beautiful woman in the world; I found her in the most unusual place. Stay tuned. Nonetheless, as I was being watched by the Supreme Court during this time period, I’m sure the Elle McPherson episode did not go undetected. After all, what drives a guy to deep-six his criminal defenses? Money? A beautiful woman?

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The latter had to be investigated. How could the confident Officer Carter of the day before, now be enquiring about my intention toward another woman?

The point is Elle

McPherson was the farthest thing from my mind at the time I held the loveliness of “D. Carter” in my sights. That was the test.

The Running Track Encounter One day, as my habit of walking the prison yard and recreation track took on the semblance of jogging, Charlotte came upon the track as I was circling it; somewhere around lap 6 or 7. She never hid her figure; the seminal definition of voluptuousness. You could tell her approach just as sure as your eye could discern the essence of a person's presence. It was that tell-tale; a signature announcing. This day was no exception. I caught her figure by my left eye over the rearward glance of my left shoulder. Her hair was up again. What a neck! When a woman holds your attention, you pay attention to the details. I later asked my mother during a prison visit what that hair-do was called. She said it is called, "Up-swept." I suppose the informal information signal was that she was “up-swept” I had begun in earnest to get my fat butt in shape; shades of the Gate 5 truck driving precious moment. I knew another course of collision was beyond escape and patience. It was going to be another close encounter as I would come to pass the beautiful Officer Carter on the track. As I turned the track's oval circle and began approaching her I became conscious of my shortcoming: I wasn't wearing a jock-strap. Indeed, I was naked beneath my short running shorts. My little pecker was waving up and down as I took each deliberate jogger's step. I was embarrassed I would make such a showing at this virtuous stage of relationship forming. I share this only because it was after this moment I purchased a jock-strap through the prison commissary. I was not going to be caught by her without one again. Even when I ran on prison - 333 -

yards where she was not; a jock-strap was always worn. As I recall, I apologized for the inappropriate moment in a letter to her.

The Bouncing Pony Tail Encounter As the encounters with her began to number one after another, it seemed her confidence was growing; brokering no further questions about other women. She came to this place in the middle of the Arizona desert to lasso my heart and she was accomplishing her mission. One Friday morning I was exiting the chow hall after breakfast and I had my coffee mug filled with coffee in my hand. Friday was my week day off; so I went to breakfast with all the other prisoners. It was after the February 12th clothing exchange day, I remember, because I was wearing the ball cap she had given me. As a result of the ensuing encounter, I would come to know that ball cap up close and personal. I was walking west alongside the northern edge of the chow hall and would soon be heading north on the sidewalk toward the Kennedy dorm. As I approached the chow hall's northwest corner, I was able to see somewhat down the sidewalk to the south. There she came; the usual entourage of other prisoners in tow as if they were paparazzi chasing some defining moment of their own. Her step was light as if her heart was so happy she could hardly keep her feet on the ground. Her hair was in a pony tail; a big, bouncing, bushy, blonde pony tail. It was as if the pony tail had a life of its own, I would later write to her, and it was glad to be so close to her. Her face was always radiant; it framed the beauty of her heart revealed. But this morning, emphasized by the morning sun, she was exceptionally radiant. My heart began to pound and my head began to spin; all I remember is my eyes searched upward and I counted the threads on that ball cap bill’s underside. I desperately searched for some escape. I was cowardly. I admit it. The February 11, 1997 explosion was yet alive and - 334 -

well; vivid in experience. I deliberately went in the opposite direction. I had to regroup; I just had to. She was that devastating to my existence. This woman knew how to make a pony tail dance: A contrail of radiance capturing the sunlight trying to catch up to her. What is an age difference in the presence of such classic, ageless beauty?

The Tower 26 Encounter Tower 26 was the gun tower on the South Unit prison yard situated right in front of the laundry facility. One day, as I made my way toward the recreation field to again undertake my new exercise regimen, she came strolling by the other way. It was always as if she knew when I was about the prison yard; encounters seemed to be so legislated. The passing took place immediately under Tower 26; the precious moment bears its name accordingly. We would pass no more than a foot apart; it was foreseeable as if it were another Officer Carter collision ordained. My senses began their characteristic response; would she put another February 11th whammy on me? Damn it, I was wearing my short little running shorts. Would I lose absolute control again, this time in a more public setting? As she drew closer our eyes found one another; hers as blue as blue could be. I noticed her hair; particularly around her hairline. As I would later write her, a few hairs rested on her forehead; seemingly recalcitrant to obey her soignée command. There were small beads of perspiration dancing across her forehead. The look on her face seemed inquisitive. The inquisition was scheduled to propound. "Aren't you interested in me?"

The cumulative effect of all precious moments took their

transparent toll; the cop in the gun tower more or less jeered over her effect on me: disturbed I was, to be sure. You have to understand, this woman is incredibly beautiful. “Who me?” I continued to ask. - 335 -

The Night out Back Although not a precious moment in Charlotte's presence, there is a tell-tale event that took place on the South Unit prison yard one evening between February 11 and March 14, 1997. I have referred to it in my letters to her as the “Night out Back.” It was dusk; the sun was setting in the west. Outside the Kennedy Dorm, where I was resident, there was a ramada. A couple of “inmates” were playing music there, a keyboard and amplified vocals. The music included slow, romantic arrangements of songs like Groovin’ and Do You Wanna Dance? I was sitting at a concrete picnic table nearby, by myself, my back against the table’s edge, just simply absorbing the music and enjoying its relaxing effect. Of course, I was thinking of her and all the precious moments we had shared to-date. It then became obvious I was thinking whether I would allow myself to fall in love with her or would I somehow manage to fend off her presence persistent in my heart. I grabbed the edge of the table with both hands; as if hanging onto the edge of a cliff. One hand as far away from the other as possible; desperately I hung on. As the music played and I continued my contemplation, I realized I had no choice but to fall in love with her and incur all of what loving her meant. I was falling over the edge of a cliff. Having done so while actually a Boy Scout, I knew the exhilaration against fear experienced.245 It was the same experience;

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While on a camping trip in a place called Pig Canyon (A Deity informal information signal of things to come?) southeast of Tucson, another Boy Scout and I were running through a field in hills above the Boy Scout campground. I was in the lead. We ran down a trail that suddenly came to an end. I slid on my butt and tried to grasp the wild grass hiding the cliff’s edge. The other scout followed suit; however, his feet, while clamoring to push him back from the edge, pushed rocks down on me. The incremental weight caused the roots to tear loose and I went sailing over the cliff’s edge; the rocks he propounded racing me to the ground below. I was only about 11 or 12 years old; so the fall seemed like hundreds of feet, though it was probably only about 10-12 feet. I hit the ground and tumbled; one of the cascading rocks hit me in the head. I still have the scar.

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that’s how I know she sent me over the edge of a cliff; one of those where you are forbidden to again ascend its heights. I so believed the corruption in my criminal proceeding, and my realization of same, would soon take me home that I allowed myself to realize her in my life. So, while she wasn’t there physically, the moment remains a precious one because it is the night I allowed myself to inescapably fall in love with her beyond the point of no return; absolutely and unequivocally. The only question remaining was how to ensure against the failure of another marriage. Someone smarter than me would come up with the answer; one I’m sure she already understood.

The Instructions and the Three Days in March They gave me the “Instructions” on Thursday, March 13, 1997; my Mother referred to them as Instructions because she considered them to be akin to the Catholic notion of preparing to marry. Officially, they were titled, “Becoming the Priest of the Home.”246 It was Willie Davis and two other inmates in the Officer’s Dining Room, all of them were black. They are the ones who had the Instructions that would become my marital treatise with Diane. Willie ran up to his office and photocopied them and gave them to me. I took them back to the Kennedy dorm and tucked them into the box that held my Bible; one my brother, Michael, had mailed into me. The events of March 12, 1997 precipitated my receiving the Instructions on March 13th. In the morning, I was working in the Officer’s Dining Room. She entered the dining room and made her way to the serving line while I was positioned near its end with my back to the wall. I was engaged in conversation with the kitchen guard.

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The Instructions, as I have recreated them, are available online at the following URL: http://www.pbwmodel.com/Instructions.pdf.

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Immediately, I noticed a few things about her. First, she was wearing bright red lipstick á la Stacia. In hind sight, I came to recognized it as an informal information signal; something to do about marriage. Second, she picked up a piece of cube steak out of a plastic tub on a table behind her. Cube steak was a once-every-six-weeks prison delicacy.

But, here, it was an informal

information signal. “Cube,” like “Cuba,” is a phonetic metaphor for “cupid” in the informal information signal lexicon. Due to the Cuban Missile Crisis, “Russia” is also a cupid metaphor. Officer Carter strangely picked up a piece of cube steak, as if it were not her ordinary custom to eat meat. I would come to wonder whether she was vegetarian or some variant thereof. As she glided along the serving line toward me, she paused to make sure she held my attention. She gave me a look over her left shoulder as if to say, “Well, what are you going to do about it?” I responded by hurrying back to my prison cubicle and dashing off a note to my Mother — “God picked this one,” a short-hand reference to the fact that my three failed marriages lacked God’s direct participation on the basis I would come to envision as to be shared with her. That afternoon I was on the prison recreation field, getting ready to run a few laps, when I noticed she was proceeding up the sidewalk from the direction of the prison laundry, her assigned work area. Her eyes met mine and she held them for the entire length of her walk, seemingly without blinking. Her body ever voluptuous I could nonetheless not countenance it; I could only hold the truth in her eyes. The expression on her face conveyed incredulity, the idea of the indirect marriage proposal consuming her existence.

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Having received the Instructions on March 13th, I was inspired to plan to see her the next day, Friday, March 14, 1997. I planned to wear my prison “Sunday best.” I ironed my jeans and blue work shirt. I shined the prison boots she had stenciled by hand. It was my day off from working in the prison kitchen. I planned to visit her at 8 a.m., shortly after her expected arrival on the yard. I went to bed on the night of March 13th with my plan cemented. I was comfortably confident the next day’s events were meant by her to take place; she had come to want those moments as surely as she had caused me to realize them as well. The night proved short. I first went to breakfast; it was a Friday morning and I was off from work. It was “biscuits and gravy,” though there were really no biscuits, only bread. I returned to the Kennedy dorm to shower and dress in the clothes I had prepared for the morning’s encounter. One should look his best when he goes to visit a woman and have the kind of conversation I planned to have with Diane that morning. The ordained bewitching hour arrived; I set the time deliberately to be a time certain. It avoids equivocation owing to nerves unfolding. I walked out the Kennedy dorm door a few ticks before 8 a.m. The sidewalk seemed longer that morning; as if it grew overnight. There was one building between my dorm and the laundry, the Ira Hayes building. As I started to approach the end of the buffer zone, I started to think, “Maybe I should go back to the dorm and think about what I planned to say.” That is, what I exactly planned to say. Under the duress of such moments the mind tends to play games with itself; hoping for some relief against the stress self-imposed. Somehow, though, one foot managed to proceed in front of the other. Finally after what seemed too many minutes later, I found myself eclipsing the buffer building’s edge and espied

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her outside the laundry facility, standing in her building’s ell. I could tell from a distance, even, she was beautiful and her radiance surpassed that offered by the morning sun. It was too late. I knew she had seen me too. I couldn’t turn back now. She would know me as a coward in relationship with her; I would not disgrace the bond we had already formed. I sucked it up and continued down this path that can only be described as destiny. It was easier to deep-six my criminal defenses; if a comparison of nerves and fortitude be required. My first decision was to choose which laundry gate I would approach in order to hale her attention. I opted for the north gate; I beckoned her to come closer. As she approached, I muttered under my breath, “Whoa is she beautiful!” It was clear she, too, wore her “Sunday best” prison guard attire and had specially prepared her appearance. Her hair was up; not up-swept at this time, but tucked behind her head in a symphony of blonde hairs coifed in concert. A brown square adorned the top of her head; obliged, she must have worn it as if she was going to church. Do you think it was an accident I received the Instructions not even 24 hours earlier? When she came near me, I informed her I had something personal to discuss. Appreciate the moment. I’m a prisoner obviously well-groomed under the circumstances; she is a prison guard also well groomed under the circumstances. I tell her I have something personal to discuss with her. She acknowledges my request and opens the gate for me to enter and prosecute the personal discussion. A prisoner and a prison guard; do you think this would happen in a real prison setting? She came there to meet me face-to-face; I was brought there because the facility had an Officers’ Dining Room – the ordained meeting place.

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As she closed the gate, she turned and folded her arms across her chest and took a deep breath. I noticed everything about her. I wanted to record every detail so I could later write about it; I knew I would, it was my compelling destiny in loving her. Her hair was well-groomed. There were no recalcitrant strands; nothing was out of place. It also seemed as if someone had sprinkled gold dust atop her; it glimmered in the sunlight. It must have had her permission to attend to her beauty. Her complexion was ever so fair and radiance was her quintessential signature. I kept noticing the brown square atop her head; I hadn’t seen anything like it worn by a female prison guard. Her blouse was properly pleated; certainly compelled by a demanding iron. We were mirror images in this regard. Her breasts seemed to rise and fall against her pinning arms; she could not contain their dance. It wasn’t a sexual moment, though; it was ordained in beauty, radiance, and a precious moment unfolding. Her eyes were green that day; the magic of colored contact lenses, I suppose. I won’t forget their greenness. She had already evidenced her ability to engage my eyes without blinking her own; it happened a mere 42 hours earlier. She never wore tell-tale signs of make-up; particularly, lipstick. I only noticed she wore lipstick the morning of March 12th; Stacia emulation, to be sure, clobbering me with informal information signals expressing her tell-tale demands that I properly ask her an important question. Now the trilogy of days led us to this moment. Her eyes were green, categorical with intention and unequivocal in certainty, held my eyes. She caressed her lips one against the other. I noticed the simplicity of her desire for a moment beckoning in kiss. As her stare wrote chapters in my soul and she deeply and slowly exhaled, my eyes widened in comprehension

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amazed by the moment; I suddenly gasped and my eyes widened in disbelief. As she exhaled, I inhaled; a mating if there ever be one. How could this woman, so incredibly beautiful and endowed with the full and enchanting richness of an hour-glass shape, even fathom such romance with the likes of someone like me? Disregard the age difference. I’m a lying, cheating, stealing desperado; certainly, she must know that. Why is she standing here in this moment with me? She certainly has someplace better to go. She sent me reeling by the innocence; the boldness of her faith. I would later capture her courage as reflecting her “iron-will of faith.” She let me know it in no uncertain terms. After she consumed my widened eyes and my gasp complimentary to her exhale, she uncrossed her arms protecting her breasts, turned a slight angle, and began leading us into the caverns of the laundry facility, a territory not yet known by me. As she walked toward the entry to the building, there came a moment where she glanced back over her left shoulder. Today, now twelve years later, I still see the beauty of her face. Was she searching for my presence, ensuring I was following her? She led us into a back office, one tucked away from spying eyes and straining ears. She anointed a chair for me to sit. She sat directly across from me. We were so close our knees were touching; forced to such intimacy by the tightness of the space she had selected for the conversation. I continued to investigate every inch of her; taking in all the beauty she proffered for me to have. My eyes searched her entire body; her hips and all the womanliness the closeness of her legs tried to obscure. She noticed my deliberate search. My mind raced for the most appropriate opening in conversation.

Why hadn’t I

rehearsed exactly what I wanted to say? Why leave to chance such important word choices to be at risk under the nervous tensions that were surely foreseeable? How many times did she have to

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hit me over the head that her closeness disturbed my existence beyond the limits of self-control? I should’ve known better. At last, I thought I would ask her to remember the way our hearts exploded during the brief Officers’ Dining Room encounter the morning of February 11th. Her blush and my own head reeling, surely it must have jerked back and away from the blinding moment.

Her

confidence recognized as much. I asked her, “Do you remember that moment we shared in the Officers’ Dining Room the morning of February 11th?” Her demeanor began to change. “No,” she lied. “Uh, oh,” I thought, “something is wrong here.” Unfortunately, we had one of those moments characterized as a Cool Hand Luke “failure to communicate.” In looking back on it, she most likely thought I couldn’t wait to get in her pants, given my eyes’ investigation and my reference to the tell-tale February 11th fireworks. Didn’t I pay attention to that little brown square anointed atop her head? Didn’t I comprehend its significance in terms of the context of the moment if true love were to prevail against physical demands? Visibly disturbed, she directed we should depart the solitude of the back room and move to another setting. I followed her as she led me to another office. This time, she directed I sit at a chair juxtapositioned at a desk and perpendicular to her own. Another “inmate” was sitting in an outer room. He was most likely there as the Chief Justice’s henchman to protect her against my out-of-control demands; as if she needed such protection. She more or less told the henchman-prisoner what was up when she offered me a cigarette from a pack of Marlboro Lights laying on her desk. What’s up? She knew I had quit smoking because of her.

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Obviously, it was the setting prearranged to communicate things did not go as she had hoped they would. The cigarettes, as an informal information signal, represented the notion of sex; taken from the movies where lit cigarettes follow heated love-making. That they were Marlboro, typically cast in a red box, meant that sexual passion had been my primary agenda; failing her heart’s prayerful objective. That they were Marlboro Lights was the consummate insult to me; she was calling me a “punk,” the Chief Justice’s henchmen’s favorite prison pejorative and death sentence. She was calling me a punk for thinking about getting in her pants when I should have been thinking about loving her in the presence of God. I tried to continue the conversation. However, I was now on uncertain grounds. “What the hell happened?” I continued to wonder. Did she intentionally set me up? I spouted off another stupid statement. I told her she was an “interesting diversion” against the travails of my effort to gain habeas corpus relief from the Ninth Circuit; talk about a guy at a loss for words. Later, I would write her a Haiku in Russian titled Interesting Diversion. I obviously disappointed her; I can’t tell you how it breaks my heart to think I would ever do anything to disappoint her. I would rather go through a hundred wars than broker an ounce of pain in her heart. Finally, she had had enough. She was pissed to say the least. She sternly pointed to the door and asked me to leave. She said, “I’m giving you a ticket.”

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Chapter 23 Hot Water How does love inviolate turn to contempt in short order?

There must be some

misunderstanding; or I must be involved. She was clear and unequivocal. She threw me out of the laundry facility and sternly advised she was “giving me a ticket.” In prison parlance, inmates receive disciplinary tickets for behavior inconsistent with prison rules and the Inmate Code of Conduct. Punishment can range from a slap on the wrist to solitary confinement indefinite; maybe even a new criminal charge. As I left the laundry facility and the steaming Officer Carter, I was a little pissed myself. “What the fuck?” I thought. Here’s the line of thinking: 1. The courts uncork me; 2. I figure out the corruption in my case; 3. The bastards won’t let me go home; 4. I get transferred to this facility to meet this drop-dead gorgeous Babe; 5. I go see her about what’s going on between us; 6. She throws me out of her office and gives me a ticket; and, 7. I deep-sixed my criminal defenses for this? Help me out here. Where is rational thought? I trod my way back to the Kennedy dorm knowing I was in hot water. All I could do is wait for the other shoe to fall. It didn’t take long. The Kennedy dorm prison guard came to me in my cubicle and told me to report to the Captain at the Administration building at 10 o’clock. This is on the same day, March 14,

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1997.247 A mere two hours before I had gone to see her in my Sunday best; she was dressed to her prison guard nines.

Three against One Of course, I reported to the Administration building as instructed. The Administration building on the South Unit facility was located near the South Unit main entrance, and next to the Visitor’s Center. On arrival I was told to wait outside until I was called. There was a park bench on the porch. I took a seat and waited to learn my fate. A few minutes later, I espied Officer Carter emerging from the Visitor’s Center with the yard Lieutenant in tow. She always had an escort. Immediately, I noticed some things different about her compared to when I had left her a mere hour and a half earlier. First, she had changed her hair style. It was no longer lingered above her neck in a French bun; it was down, almost shoulder length. It reminded me of one of Stacia’s hair styles. Second, she had changed her clothes. She continued wearing the shortsleeved tan prison guard blouse. However, she was no longer wearing the very tight dark brown slacks she had worn during the eight o’clock hour precious moment that occurred as she welcomed me into the laundry facility. She was now wearing light tan cullottes. One thing was unequivocally the same: Her face was still stern. I hope she hadn’t been stuck in that expression since I left her an hour and a half earlier; it couldn’t be a good thing. Once again, as her practice, her eyes found mine. This time they were not nearly filled with

247

Just for the record, the number 314 is an important numerical reference in my Scripture deciphered social choice theory research she inspired me to undertake as I began to study the Instructions given to me on March 13, 1997. It is a numerical reference derived from my paper titled The Christ Model. Read left-to-right, the number implicates commencement of Star of David prosecution; read right-to-left, it implicates completion of Star of David prosecution. The Star of David represents the hierarchical structure that fulfills competent social choice theory (individual: societal) well-being transitivity. Isn’t it funny Diane and I stood toe to toe on 3/14 and that tell-tale moment would later lead to my writing The Christ Model? An informal information signal from You Know Who?

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tears, as on the March 12 afternoon walk-by acknowledging my “God picked this one” letter; or, the “iron-will of faith” stare I had garnered a wee bit ago. No, this stare was definitely one of anger, contempt, and displeasure. If I had to guess, the informal information signal was that she was unhappy I approached marriage to her with the little guy leading the way. The Stacia-like hair-do, hear this buddy, get it? Cullottes, cool-off, get it? The Lieutenant’s presence probably represented her command: Pay attention, Mister! I can only give you this interpretation now, with laughter filling my eyes with tears. At the time, I still didn’t know what I did to piss her off. Keep reading; you will learn what really happened that fateful morning. Officer Carter and the yard Lieutenant proceeded inside the Administration building. I was sinking deeper in the quagmire. In a few minutes, though, my presence was summoned inside the Administration building. I had to go meet my fate. I was directed into the Administration building’s conference room. It was the Captain, the Lieutenant, and Officer Carter, together all as one in displeasure, against me – the nation’s new emerging hero, the only ward of the Supreme Court’s historic exercise of supervisory jurisdiction; the Chief Justice’s personal agenda.248 I didn’t like the odds; would you? The Captain’s tirade commenced. “If you ever go near Officer Carter again, I will personally see to it you are thrown into CB-6 for a very long time,” or something near to that effect. CB-6 was the solitary confinement, lock-down unit adjacent to the South Unit yard. I was familiar with it because while working in the South Unit kitchen I participated in taking food carts to the lock-down unit for breakfast and lunch and to pick them up again after each meal. The tirade went on, I was probably asked, “What were you thinking?” To which I’m sure I The last two characterizations weren’t cognitively processed by me as so at the time; I add them here as I look back on the situation. 248

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mumbled in response, “I don’t know.” To tell you the truth, I felt like I was in a desperate game of chess; strategy upon strategy revisited and discarded. What was I to say or do to get myself out of this mess? The Lieutenant didn’t say a word, he just stood around looking pissed like everyone else; ever the ready to come to Officer Carter’s defense. Believe me; I never suspected she would need anyone’s help to defend herself. Finally, the Captain turned to Officer Carter and asked her if she had anything to say. She stood with both hands perched on her sexy hips, looking down at my meek existence sitting at the conference table and sternly advised again, “I’m giving you a ticket.”249 I was told I would be required to see the yard counselor and, perhaps, the prison psychiatrist. Then, I was excused with instructions to return to my dorm. As I walked by Officer Carter, still scorning me with her eyes and her beautiful face all tightened up, her hands clenched on her sexy-ass hips; I did what every brave man would do in similar circumstances – I kept my eyes focused on the carpet threads beneath my feet trying to escape this place. Again, as I trod back to the dorm I counted murder by how many ways. Murder who, though? I had not a scintilla of anger in my heart for her. I wanted to lash out at someone; I felt betrayed. I also felt ignorant because I still didn’t understand what I did to piss her off. Later that afternoon, I was called back to the South Unit Administration building for the meeting with the corrections officer counselor. He would determine the propriety of my seeing the prison psychiatrist. Of course, I suspected Officer Carter was eavesdropping. I expected it; I wanted it. It was like I was having a conversation with her; the conversation I had intended on having with her. The funny thing is, if you investigate my Arizona Department of Corrections record, Officer Carter’s disciplinary ticket cannot be found. Like her, it disappeared into thin air. 249

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The corrections officer and I discussed my incarceration, the fact that Stacia had left me since my incarceration commenced, and how I found Officer Carter to be beautiful. I didn’t focus on the sexy part because I suspected she believed my interests were principally carnal. In fact, I protected her. I didn’t raise the issue that she instigated the moment by and through the litany of special moments we had shared. I wouldn’t use those moments to bail myself out of hot water. They weren’t for sale then; they’re not for sale today. At the end of our conversation, he advised I should see the prison psychiatrist and set the appointment for Monday, March 17, 1997. The fact that I would see the prison psychiatrist was, in itself, an informal information signal. It was his acknowledgement the conversation went in a positive direction in terms of my relationship with the beautiful Charlotte Johnson. In the emerging informal information signal lexicon, the term “psychiatrist” translates into “spooky” or an eerie determination by the senses and not by direct transference.250 I’ve Got You Under My Skin It was Friday: My Mother was due to visit me over the weekend; I believe my visit day was Sunday. Visit days were determined by alphabet. I was sure to recount the events for her understanding and counsel; perhaps she could explain what I did to piss off Diane after such a loving collision. As the rest of Friday, March 14, 1997 progressed, the strangest physical condition came over me. My skin began to goose bump. There was something underneath. The nerves were dancing. I could only sense loving her; like being in love. All the bullshit about giving me a

250

I have to laugh at myself today. During the time I was with Charlotte on the South Unit yard, I wrote my Mother a letter confessing “they” would have to teach the lovely Officer Carter how to “communicate” with me in the new informal information signal language. Was I full of shit or what?

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ticket was becoming displaced by love. She was alive inside me. Only later, as I heard the song, I knew what it was: I’ve Got You Under My Skin.251 My Mother came to visit that weekend as promised. Of course, I recounted all the events then transpired for her understanding and comprehension. I even explained the I’ve Got You Under My Skin stuff and showed her the tell-tale goose bumps yet lingering on my arms. I couldn’t get rid of the beautiful and sexy Officer Carter if I had wanted to; she’d “whammy’d” me.

The Saturday Night Church Services Informal Information Signal On Saturday, March 15, 1997, I attended nondenominational Christian services held in the South Unit Visitor’s Center. They were held in the evening, following the day’s visits. As we waited outside the Visitor’s Center to gain admission for the evening’s services, I was standing around with the other inmates. Of course, the news involving my ticket from Officer Carter had spread around the yard like wildfire. It was the topic of conversation as we waited to become sanctified by the evening’s services; then came the informal information signal. One of the Chief Justice’s henchmen said to me, “Don’t worry, you’ve been saved.” I don’t think he was talking about the traditional evangelistic notion of being saved. He was implying whatever I did to piss off the beautiful and sexy Officer Carter had been mitigated by and through the conversation with the corrections officer counselor; the conversation I’m sure she had eavesdropped. As I write this today, I don’t believe the Chief Justice and all his resources had yet figured out what really happened on March 14, 1997 between Officer Carter

251

I had encountered only one similar incident in my life prior to incurring this affliction from Diane. I will share that with you in a future Chapter or section titled, Déjà Vu.

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and me. Keep reading, the point in the story when the confession becomes irrepressible is coming; and soon.

The Visit to the Prison Psychiatrist On Monday, March 17, 1997, I received notice I was to see the prison psychiatrist that afternoon. As I recall, the appointment was set for 4 p.m. I still don’t understand the policy reason behind the requirement to visit the prison psychiatrist. Perhaps it is the perception that incarceration did strange things to inmates; and the inmates respond by loving female officers. However, I believed I was going home any day; I would receive bzillions for being a racketeering enterprise victim, and would be the playboy of my dreams. That Officer Carter had changed the latter criterion wasn’t on me; she started it. I would never rat her out for that, though. As the bewitching hour approached, I made my way down to see the prison psychiatrist. The conversation went well. We were both educated people. My thoughts were rational. It was clear he would determine my fate; the worst outcome for me was removal from the yard. I didn’t want to be separated from her. I made that clear; vowing I would be the consummate gentleman and not approach Officer Carter. After all, no matter how remote her information signals, just the beauty of holding her in my eyes was enough incentive to argue against my execution. At the end of the day, the psychiatrist promised he would give it fair consideration.

That

representation is never a good sign.

Officer Carter Says Good-Bye The next day, I was strolling past the laundry facility on my usual trek to the recreation field to continue my cause to get in shape for her youthful energy. As I was passing the laundry

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facility, she came out, usual entourage in tow, and wearing her hair in the tell-tale “upswept” fashion. My first urge was to ignore her, to keep our distance safely apart. But, I just couldn’t help absorbing her beauty, the radiance, her heart pounding a song into my soul. I didn’t know it at the time, but it would be the last time my eyes would ever hold the loveliness of her. I haven’t seen her since that day. However, as you will witness in the ensuing pages I never stopped loving her – to this day.

Roll-Up On Wednesday, March 20, 1997, after the evening meal, the yard sergeant came to my cubicle. She was a middle-aged redhead; she was there the night out back, the night I fell over cliff’s edge in an unending fall loving Diane. She gently told me, with love in her heart, “Roll up, you’re moving.” My heart sank. They were ripping me away from her. As the years have gone by, I could never hold it against Diane; being ripped away from her. I know she came there to meet me; to find the answers in her heart for herself. I could never blame her for wanting to leave that place as soon as possible. This is my walk, it was never hers.

The South Unit Exit The morning of March 21, 1997 I learned I would be transferred to the Meadows Unit, part of the Arizona State Prison – Eyman Complex. It was the other Arizona Department of Corrections complex in the Florence area. That my Mother would yet come to visit every other week was of little consequence compared to losing Diane. I entered that area between the prison yard and the outside world where the guard shack operators enabled entry and exit to the prison yard. It was there I was placed in handcuffs and

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shackles for the trip to the Meadows Unit. As the guards were shackling me they started a conversation about Officer Carter, obviously for my benefit; she had taken the day off.

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Chapter 24 Grace & Elegance As it turns out, I was transported from the South Unit to the Meadows Unit, Eyman Complex, in an Arizona Department of Corrections squad car. The ride took about 20 minutes. The two cops who transported me were somewhat known to me. They were from the South Unit. My duties in the Officers’ Dining Room caused me to become familiar with many prison guards beside the beautiful and sexy Officer Carter. So the atmosphere wasn’t totally cops and robbers; a modicum of collegiality filled the air.

Arrival on the Meadows Unit Since I left the South Unit fairly early in the day I was situated on my new prison yard sometime before noon, March 21, 1997. As I recall, the Meadows Unit had six dorms, three dorms on each yard. The dorms consisted of single cubicles. However, a few cubicles in the rear of each run had bunk beds. That’s where I ended up. I was assigned a top bunk. It was all right with me, initially; I had a bird’s eye view down the run. Needless to say, I didn’t make the trip from South Unit to the Meadows Unit alone. Officer Carter came with me. Remember: I’ve Got You Under My Skin. She never went away, despite her “I’m giving you a ticket” tirade. So, as I unpacked and settled into my top bunk I did the only thing I knew to try to communicate with her: I wrote her a letter. I wrote, and wrote, and wrote. Every day I wrote her letters. Sometimes one letter a day, sometimes two; moreover, it wouldn’t be unusual if I wrote her three letters in one day. I didn’t have her address or any other way to independently contact her; though some time later I would try to contact her directly.252 So I did the next best thing. I mailed her letters

252

When I was in lock-down at the Kaibab Unit, Winslow Complex, I mailed letters to an address I received while at the Santa Rita Unit in 2000. I had caused red roses to be delivered to that address, believing they

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in care of my Mother. Corrections officers have the legal right to inspect an inmate’s mail. I suspected that was how she came to know the information content of my writings while we were on the South Unit together.253 At first, I didn’t put her name on the envelope. Later, I did. It seems like awareness of what happened on the South Unit also followed me; probably more because I continued to wear her essence wherever I trod. So it seemed like everyone knew about her, and the affairs that led to my transfer to the Meadows yard.

The Running Regimen I was also determined to maintain my newly found exercise regimen: Running. The Meadows running track was immediately outside the dorm and circled the recreation field. Other “inmates” informed me the track distance was one-third mile. The track went up and down grade; my dorm sat on the yard’s high ground. So as I looped the track, the steep part was a little tougher, while the downhill part really didn’t offer offsetting relief. By the time I arrived on the Meadows yard, I was up to running about three miles a day. Late March in Arizona can be comfortably warm, particularly in the afternoon. So I ran only wearing running shorts and, of course, a jock strap. Every day I ran. At first the three miles was a little difficult. As the days wore on, the three miles lightened up. She ran with me. Every day she ran with me. I could see her in my mind’s eye as I ran. I saw more her radiance than her face, per se. But, I knew why I was running – to give her life; all the life I could give her, every day of it.

were being delivered to Diane. The recipient of the letters refused to accept them, declaring the addressee did not live there. 253

Of course, when I later realized I was a ward of the Supreme Court of the United States in its historic exercise of supervisory jurisdiction, I also realized the Court had the right, power, and authority to share my writings with anyone it chose.

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The day finally arrived when I committed myself to go to four miles, then five. By May 1997, I had increased my daily regimen to five miles a day. My strategy was always the same as I increased my goal: distance first, speed second. I learned, for me, even if I accomplished the distance in a slow jog I could always increase the speed. In fact, increasing the speed came by its own transaction; a byproduct of the daily regimen. Some days the running was tougher than other days. Some days I would pray and pray hard for the strength and courage to make my distance. The transition to higher workout levels comes more as a mental challenge rather than a physical challenge; the latter coming by definition through counsel with the former. In January 1998, I decided to go to eight miles a day. It is relatively cold in January, even in Arizona. My legs seemed to be frozen, like my breath. I had to force my thighs to warm up. Keep the pace; listen to the rhythm of the feet pounding the ground, the steady cadence of controlled breathing. It is easier to increase distance for just one day. The grueling challenge comes with the day after day ritual. By the end of January 1998 I had lost another 20 pounds; in just one month. I had purchased a horsehide belt when I was at the Mohave Unit; size 40. Fat fuck. I was now sporting a size 34 waist. I had also undertaken push-ups and sit-ups – 200 a day. One day I noticed my abs for the first time in my adult life. Yeah, she was running with me every day; every push-up, every situp. Run. Run. Run. The ultimate challenge would come in 1999. In my senior year in high school we were tested to see if we could run four miles within thirty minutes. Anyone who did it received the number “4” to wear on his letterman’s jacket. I was a wrestler in high school. I thought I was in good shape. The four miles in thirty minutes kicked my ass.

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It was a spring Sunday morning on the Meadows yard in 1999. I knew I wanted to go to nondenominational services. I hit the track for a run beforehand. I started out at a fast clip; faster than usual. The rhythm of pounding feet, the breathing cadence; it set the tempo. I realized I kept the pace up for several laps. I counted laps by moving my thumb between fingers. Every three laps was a mile. I pounded the ground that day like no other day. I always tended to time myself; that 4 on my letterman’s jacket teasing my memory. Could I do it again? I was forty-eight pounding the ground competing against myself thirty years prior. If you have done anything like this, you know you think yourself to be some sort of Olympic athlete. I was that day; I sailed around the track. The mental challenge surfaced; I beat it back. She had me flying; I was still in love with her. I had gone over the cliff’s edge on the South Unit. It’s impossible to reverse that fall. No matter what you do; she will always be love in your heart. I clobbered the “four miles in thirty minutes” challenge, thirty years later. I did it with more victory than I did when I was eighteen

Female Cop Informal Information Signals It seemed the first day I arrived on the Meadows Unit the female cop informal information signals started. The first one came from Officer Morisey; there was a prison yard by the same name somewhere in the system. Officer Morisey was a babe in her own right. But, somehow she smelled like Diane. The first time I saw her she was on my run. She was only a cubicle away when she looked me right in the eye. Yep, she was Diane. She had to know. After that, it seemed all the female cops wanted to savor their opportunity to tell about Diane. One day when I was working in the Meadows kitchen, I had a conversation with the

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kitchen cop, Sergeant Beck, about sex in a blessed marriage.254 The next thing I knew I was in Chaplain Kelly’s office having a discussion about the beauty of sex in a blessed marriage as reported in scripture. During that conversation, an attractive female secretary stuck her head in the door and feigned some question. By then, I knew an informal information signal when I saw one. It was Diane acknowledging the propriety of my investigation. I knew I was on the right track!

Hallelujah! Jesus Save Me! Though I was disappointed I was yanked away from her just as our romance was growing beyond control; I continued to attend bible study and nondenominational Christian services. The bible study was conducted by some fellows from a Presbyterian church in Casa Grande, a mere half hour from the Meadows Unit. As it turns out, one of those fellows was named Carter. Now, I didn’t believe her name really was Carter; but, I couldn’t help but ask. His name was Gene Carter. Gene looked as if he was the right age to be her father.

“Are you related to Diane

Carter?” Of course, I assumed I had correctly iterated to her first name. “I don’t know her,” he responded. I assumed he wouldn’t tell me even if he did; security and all that. He had to know her; it seemed natural to me everyone had to know her. I believed I was surrounded by people who knew her. It comes with the I’ve Got You Under My Skin territory. I’m not a religious kind of guy. I grew up Catholic. I rarely enjoyed going to church; unless I thought there would be some pretty girl there I wanted to see. You have to understand

254

I have a habit of looking for information. When I was a Russian linguist in the military, it was not uncommon for the SR-71s to fly low to the ocean and the rise up at the 12 nautical mile limit and scream toward the heavens. Our intelligence mission in such cases was to capture the Russian response to the SR-71s unexpected and radical appearance on radar screens. The SR-71 missions were called “Ferret Missions.” So, I adopted the concept in my own investigations. I did it during the JNC litigation; and, I did it in the Meadows kitchen while I was working. I was explaining to a white shirt named Brenda why I had been moved from the South Unit to the Meadows yard: I fell in love with a beautiful cop. Her response, “That happens.” She knew.

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this to understand Diane’s influence here. I knew intuitively success in relationship with her required my religiosity. I hate it when evangelistic types raise their hands in “surrender” to Jesus for saving their souls. You don’t know what it took for me to even try it. Finally, I threw myself across that hurdle, “Hallelujah, Jesus, save me!”, and make it look good god damn it. That’s right; my heart wasn’t really in it. I wanted her that much, though. So I went through the motions. Little did I realize the day would come when God would give me a wake-up call; “If you really love her, then find the truth in loving her in My Presence.” I did. Keep reading.

Even PhDs Use a Dictionary from Time to Time My frozen inmate account followed me everywhere I went in the Arizona Department of Corrections after I left the Mohave Unit on August 15, 1996. It followed me to the South Unit; now it followed me to the Meadows yard. My cubicle partner, a guy named Scott, was kind enough to allow my Mother to send money in on his inmate account. On receipt of same, he would shop for me at the inmate commissary. One of my first acquisitions was a MerriamWebster Collegiate pocket dictionary; a paperback affair I would come to use again and again.

Letter Writing and Cards for True Love Ways At that time, “your people” could also send in books of stamps for you to use. My Mother accommodated my letter writing to Diane; she mailed in all the “Cupid” style stamps the post office had to offer. Scott bought me a ton of writing supplies from the Inmate Store. I mailed all those letters home. I still have them; every one of them. They are in a filing cabinet in my room in my parents’ home where I now live in Tucson. I remember the day I took them

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out of boxes in the garage and put them in the newly acquired filing cabinet: “Charlotte Johnson is in the house!” One of the interesting things about prison is that you run into many people who are talented in so many ways you are not. I bought the horsehide belt while at the Mohave Unit. I started buying cards for Diane while on the South Unit. That would be a habit that followed me to the Meadows yard. I wanted to write her a card a week. In 1997-8, the price of a card on the Meadows yard was about $3. You should see how beautiful those cards are. I often dreamt that when we’re eventually together I would continue that habit and find world-class artists to draw cards for her. They are so much more romantic than a store bought printed card.

Grace & Elegance There were many occasions I would sit on my top bunk at the Meadows yard and just page through my new Merriam-Webster dictionary in search of an inspiring new word. One day, I found such a word: pistillate. It is an adjective implicating a flower’s ovary. I knew I wanted to use that word in writing something beautiful to Diane. I don’t remember any cognitive prayer, but given my South Unit experience it is highly likely I continued the prayer practice in my heart and soul even if cognitive awareness escaped. I counseled the beauty of March 14, 1997 as we stood together face-to-face, toe-to-toe, and me looking in the eyes of the iron-will of faith. As she turned to lead us into the laundry facility that day, she turned and looked over her left shoulder. “Pure grace and elegance,” I reflected atop by Meadows unit bunk. That would be what I would write: the relationship between grace and elegance and the pistillate distillation she wrote on my heart that day. Exactly, this is what I wrote her in a prison made card:

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Grace and elegance: Pistillate precepts redefined by you. Pretty impressive, wouldn’t you agree? You just met Ms. Grace and Ms. Elegance. This is the part that explains what really happened between a beautiful woman inspired by love and a desperado like me on the morning of March 14, 1997 on a prison yard somewhere in the middle of the Arizona desert. I didn’t fully realize, in a cognitive sense, what had taken place that day between her and me; or what we had given birth to. When I did come to realize it through the constant barrage and pester of informal information signals, my first response to the realization is that it is a very private and personal matter owned by her; not me. I was without license from her to recount her intimacy devoted, transcending the Divine. I didn’t want to usurp her privacy; no telling where life had actually taken her. Additional barrages of informal information signals. What transpired that day between Diane and me wasn’t by words; it came by Wisdom I have come to call the Gospel Truth Unchanging. I’m not an expert in this area; nor am I learned in such matters. The expertise comes from those legislating the informal information signals; and we know how that source derives. It seems the facts of life are influenced by a woman’s choice. The theory goes like this: Women investigate a man’s reproductive organs and then make an implicit mating determination. A positive determination results in the woman making a showing of ova to the man at a frequency tuned to his reproductive comprehension and desires; the basic reproductive attraction. Of course, most guys fall for that trap and end up mating with the woman. Diane must have already made the egg-showing determination, having apprised herself of all necessary reproductive criteria she could discern from me. Such a showing might have even

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occurred before the March 14, 1997 morning incident. The beauty of the incident requires further explanation. I first counted the moment she turned her head and looked over her left shoulder as electricity traveling down her spine. Then I began to recount that electricity as “music,” a woman’s music. Today, I realize the scripture writers, the great thinkers of Greek philosophy, believe man interprets the will of God by and through the music of a woman’s womb. So I believe what I was witnessing as she turned and walked us toward the laundry facility was the beauty of the music of her womb. Remember, she had just entranced me with a glare that I can only define as the iron-will of faith. Now I was captured by the beauty of the music of her womb. The only way I can describe what I believed caused her to look back at me over her left shoulder that morning was that she sensed something happened, touching her existence, and I was the one who did it. So, she looked back to see for herself what had taken place. Seeing nothing but me dutifully following her into the laundry facility, she turned back and continued the trek inside. The statement written on a card for her in April 1997 while we were apart, a statement intended to capture the beauty of the moment when she looked back over her left shoulder named her ova: Grace and Elegance. She took pause to look back over her left shoulder; I’m sure, because it was the moment when, in my soul, I had taken the spirits of Grace and Elegance from her womb and gave them over to the Lord God Almighty. She sensed something had happened at the moment. Today, I believe that is what happened. Then, when we were seated knee to knee and I continued to take in her beauty, I realized something had changed. The aura or essence she had been transmitting was now materially different. I looked in the area of her womb, not to lick my lips over the prospect of having my

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way with her, but to investigate whether I indeed accomplished giving Grace and Elegance to the Ages. That is what was different about her; their spirits had been taken and given to the Lord. Trapped in our own flesh, she took offense, not fully realizing what had happened, I’m sure. Of course, it is not something ripe for immediate cognitive processing. Thereafter, as my day in hot water on the South Unit unfolded I feigned anger when I was head over heels in love with her; all to protect the beauty of Grace and Elegance, I am sure. It is my way. The day would come, however, when the beauty of her daughters would be fully realized in the Gospel Truth Unchanging. Keep reading doubting Thomases; you will come to know Grace and Elegance as the most powerful secret held encrypted among scripture’s pages.255 Grace and Elegance define the language of the Gods. The Supreme Court relies on Grace and Elegance today as it orchestrates the informal information signals it transmits through changes in market indices. I published an academic paper that derives from Grace and Elegance in a French economics journal in fall 2007. You see, I am confessing this very private intimacy belonging to Diane, because it is the will of the Great I Am in correcting alignment in His will; only on that basis will I usurp her permission.

255 In the Epistles Paul frequently wrote, “Grace and Peace be with you.” That’s the twins. I just renamed them Grace and Elegance because Diane’s pistillate fragrance redefined them. It is all a matter of perspective. Where Grace and Elegance are derived in Scripture is more about elegance than peace. May Grace and Elegance be with you.

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The First Radio Station Informal Information Signal Shortly after I wrote Diane the card introducing her to her daughters, Grace and Elegance, a new form of informal information signal came about. It may have been there all along, all through the years of my litigation, and I just didn’t realize it. Remember, the Supreme Court was pounding the air waves with informal information signals looking for its opening to correct the official corruption legislated by the ICMC hierarchy. I was yet assigned a top bunk at the Meadows yard, my first residence on arrival at that place. My Mother had sent me in a Sony radio. At that time, prison regulations permitted such property to be sent in to an inmate. I wanted it to listen to music while jogging; to take away the boredom of long treks around the track. One day I was listening to the radio and my favorite Phoenix station, KOOL FM, 94.5. I was writing a letter to Diane. As I recall, I was writing her about the day we met in the South Unit Officers’ Dining Room. Concomitantly, the station played a song that dovetailed into what I had been writing her. It was Doris Troy’s Just One Look. Obviously, it in just one look on September 27, 1996; she had my heart possessed. “What?” I thought. “Is this coincidence?” “It couldn’t be?” It was; a new form of informal information signal. I was ecstatic. I believed it was a way for me to communicate with her; I wanted to believe it so desperately.256 Once established as an avenue for transmitting informal information signals, it didn’t take long for the Supreme Court to usurp the airwaves to vindicate other agendas.

256 I remember one time while yet at the Meadows unit I wrote her a Haiku titled Tapestry. Immediately, before the ink dried on the paper, the radio station played the Rascals tune Good Lovin’. The radio stations wouldn’t always play lovey-dovey informal information signals for her and me; there was a time when I was incarcerated at a prison facility in Winslow, Arizona and I was listening to a country station in Flagstaff. The music was pissing me off. The disc jockey then came on the air and confessed, “Don’t get mad at me, I just play what I’m told to play.”

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Hide & Seek with the Chief Justice While resident on the Meadows yard, I worked in the kitchen. Of course, I preferred the morning shift. I was a diet cook and a line server. One day, while working in the early hours in the morning, around 4-5 a.m., I kept going into the store room to listen to the radio to retrieve more informal information signals by deducing their meaning from the sequential songs played. I’m not sure what the litany of songs was; I only remember one: You’re Still My Favorite Girlfriend Alice Long. What I can tell you is what I have since figured out. It was the beginning of a game; a game I believed I was playing with Chief Justice Rehnquist. It was a game of Hide and Seek; questioning where I would place the spirit of loving Diane in the presence of God among the pages of the Gospel Truth Unchanging. The game may have been inspired by the Court’s understanding of what actually transpired between her and me on the morning of March 14, 1997; the accounting just provided. I immediately acquired a shit-eating grin on my face. I was humming a continuous challenge in a drone of excitement; it seemed I was incurring an out-of-body experience. It was also like I was saying, “All right, you think you’re a smart son-of-a-bitch, find her if you think you can!” That’s how the game started. I never did like his official opinions. “Surely,” I must have thought, “I’m going to whoop your ass!” I can be academically snobbish on occasion. The game ensued; I have come to call part of it The Babe Game. You will read about it in a couple of chapters.

The Perfect and Beautiful Woman Of course, I hid my heart’s content for loving Diane in the presence of God to win that game. I didn’t consciously know where I hid her. I’m sure the Chief Justice and his buddies

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figured it out way in advance of me. My cognitive processing always follows way behind my soul’s blinding speed. I wouldn’t figure out where I hid her in the game’s challenge until Thanksgiving 2005. Thanksgiving is a special holiday in loving Diane; that’s the time when Grace and Elegance were defined in the Gospel Truth Unchanging in 2001 – the most significant scripture decipherment in theology, religion, and ethics in the history of the world. I will explain it later. After I was released from prison in October 2004 I attended a regional meeting of the American Academy of Religion held on the Arizona State University campus in March 2005. At the time, the Da Vinci Code movie was scheduled for release that May. Of course, the Da Vinci Code suggests a marriage between Mary Magdalene and Jesus. As I will explain in the next few paragraphs, that is impossible. Nonetheless, the movie had inspired all the female religious studies professors to take up the cause of the Sacred Feminine. It was the first time I had heard the notion. The role of the female in the Deity structure was prevalent in polytheism but seemed to disappear in monotheism. With that disappearance, the female became subjected to male dominance in religiosity. For example, the Church proscribes women from becoming priests. I was studying the Book of Genesis around Thanksgiving 2005 when I realized the structure of the book: It involves social choice theory’s unordered [Context: (Context: Content): Content] regression.257 That’s when I realized ordered context is defined by the exogenous pressures shaping the Book of Genesis; that is, it exists as pressures around the Book of Genesis, defining the book’s boundaries and social choice theory feasibility set.

257

Specifically, unordered context is defined in Genesis Chapter 1 and 2:1-3. Unordered (Context: Content) is defined in Genesis 2:4-25 and Chapters 3-10. Finally, unordered content is defined in Genesis Chapters 11-50.

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The Sacred Feminine resides atop the Book of Genesis. She represents ordered relation theory’s axioms while the Primary Deity, I Am, represents ordered relation theory’s theory itself. The Sacred Feminine enables competent social choice theory by empowering Her axioms to descend into that space. That is where I hid my love for Diane in the presence of God; atop the Book of Genesis in the image of the Sacred Feminine. I Am descends into scripture in various places to legislate correction showings intended to transition recalcitrance into the will of God. However, the Sacred Feminine remains atop the Book of Genesis; never descending.

Her daughters, in Diane’s case Ms. Grace and Ms.

Elegance, transcend into social choice theory’s hierarchical structure space by descending into scripture in the Genesis Creation Sequence, Genesis Chapter 1 and 2:1-3. In the New Testament, Elegance is probably the combined consequence of the Sacred Feminine’s axiomatic regression empowerment (Martha, the sister of Lazarus), which always involves ordered space; and, the Sacred Feminine’s axiomatic (regression: progression) empowerment (Mary Magdalene), which involves the transition from ordered into unordered hierarchical structure space.258 The New Testament’s Mary, the Mother of Jesus, is the Sacred Feminine’s axiomatic progressive unordered return of empowerment. The Virgin Mary is the transition from Mary Magdalene to Mary, the Mother of Jesus. I deduced her appearance in my paper titled The Christ Model. The schematic of the Virgin Mary as envisioned by the scripture writers looks like this:

258

That is, Mary Magdalene is the set of Marys that will become the Mother of Jesus in subsequent incremental progression. The Marys do not change names; however, the men they marry to give birth to progressive Jesuses do change names. That’s why the compounded Mary Magdalene is viewed by the Church as a woman of ill repute; the men she will ultimately sleep with all have different names. That is why the Da Vinci Code has it wrong; it is impossible for Mary Magdalene to marry Jesus. She is the compounded set of all the Marys who will give birth to all the Jesuses in social choice theory progression.

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The hour-glass shape represents the materializing nature of a woman’s body.

It

materializes from the Sacred Feminine. The scripture writers schematically depict the Sacred Feminine as the three interlocking circles we traditionally call the Trinity. That is, the Sacred Feminine was schematically depicted as a womb. As the Sacred Feminine’s designates descend into unordered progressive space, the only space where women give birth to children in scripture, the hour-glass shape of the woman’s body schematically materializes. The Christ Model also characterizes a straight line between the exponential and logarithmic curves; the phallic intervention schematically representing Mary, the Mother of Jesus. When I saw the Virgin Mary schematic, of course, I thought about Diane’s shapely woman’s figure.

It matched.

That, together with the scripture significance of Grace and

Elegance are among the factors causing me to realize that is where I hid my perception of loving her in the presence of God in the game with the Chief Justice; a game I am sure I won. Certainly, they didn’t know the answer immediately; they were able to deduce it after my continuing scripture studies undertaken to ensure success in marriage with Diane. I also believe the Chief Justice had his own agenda. Whatever the Church has disclosed to the world’s governments through the ages my guess is that it hasn’t disclosed all scripture’s - 368 -

secrets. I believe the Chief Justice was looking for that powerful secret deciphered Thanksgiving 2001. Keep reading; you will learn how Ms. Grace and Ms. Elegance give the Court its most important weapon in bringing the totality of the unholy alliance to account for its ageless and unsavory agenda described among these pages.

Soul Mate While at the Meadows Unit and after the card where I wrote how Diane, through Grace and Elegance, had redefined pistillate precepts, I came to know another inmate who regularly attended bible studies and nondenominational church services. He lived on the same run as me. His name was Daniel Webster. Now, stop laughing. Sometimes the informal information signals are so tell-tale I should be able to figure them out in my sleep. Obviously, my use of the dictionary to discover the word “pistillate” had reached some level of importance somewhere. While engaged in conversation with Dan about loving Diane, he made the uncanny suggestion it would take me some time to comprehend and admit: Diane and I are soul mates.

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Chapter 25 Déjà Vu Now what exactly is a soul mate; and, how does one know exactly who is one’s soul mate? Romantic inclinations aside, the scientist in me wanted to know the answers to those questions. No matter how beautiful, no matter how sexy, and no matter her iron-will of faith, I wanted the conclusion that Diane and I are soul mates to be unassailable. Perhaps she wanted to know with more certainty as well. Or, at least those orchestrating the informal information signals wanted to track destiny unfolding as the foreseeable intention of Divine Wisdom. In any rational investigation of intended soul mating, reincarnation is implicated. The question propounded is: Did we love one another in a prior lifetime? How will I find you in our next lifetime? The answer: Informal information signals. Could there be any doubt? As I considered the likelihood Diane and I had been lovers in prior lifetimes I began reflecting back on my life. I was searching for tell-tale signs of her arriving again in my life. There were several informal information signals; made informal because they were indirect, telltale messages indicating how I would know that it was her when I, indeed, found her. The Homecoming Queen’s Radiance The first image I counseled in reflecting on my life’s encounters involved the Diane that would become the Homecoming Queen in my senior year in high school. Indeed, that Diane was beautiful. I had met her, initially; eight years prior to her become crowned in royalty – on my family’s arrival in Tucson following the October 1960 move from my birthplace, Rock Island, Illinois. Her name was Diane McCormick then; later, it would change to Diane Shudy, probably owing to her Mother’s remarriage. I first met Diane in October 1960. When we moved to

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Tucson I went from attending a parochial school to attending a public school. The elementary school is named John B. Wright; part of the Tucson Unified School District. I don’t know who John B. Wright was; probably a teacher of long-standing in the system. The Wright school is located on North Columbus Boulevard, just north of East Pima Road. I was assigned to Ms. Minema’s fifth grade class. By the time a boy is in fifth grade he is beginning to take serious interest in girls. Ms. Minema was a babe herself; black hair, blue eyes. Ms. Minema gave me the empty desk behind DeAnn Ramsey. DeAnn was cute; but it would be Ms. McCormick who garnered my fifth grade interest in girls. She was discernibly the most beautiful girl in the class, if not the whole school. When we first moved to Tucson in October 1960, we lived in an apartment on North Elaine Boulevard.259 By the next summer, my Mother had found gainful employment at the University of Arizona Library, in its Catalogue Department. Due to this prosperity, we moved from the Elaine Boulevard apartment to a single family home on East Justin Lane; a much closer walk to John B. Wright School. As it turns out, we then lived much closer to Diane McCormick, as well. Diane’s family lived on the corner lot, just two houses away and across the street. Diane’s fifth grade boyfriend was a guy named Marcus Lynch. Marcus had an attitude all the time. Nonetheless, we hung around together at times; my interests surely lying in proximity to the beautiful Ms. McCormick. One summer day in summer 1961, Marcus and I went to visit Diane at her home just two doors down. Diane was sunning near the pool in her back yard. “Rich family,” I thought. She was wearing a light green two-piece bathing suit. I am shy about calling it a bikini; we were then 259 My first wife’s name was Elaine. While married to her second husband, Rick, and while I was married to my second wife, Renee, Elaine unexplainably died in her sleep on April 19, 1980. Renee and I returned to Chicago, where we had purchased a one-bedroom condominium, with the four children I had shared with Elaine: Jennifer, Scott, Brandon, and Joshua.

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transitioning from fifth to sixth grade.260 She stood to greet us. Marcus and the swimming pool were off to my left, she was directly in front of me. A chaise lounge directly behind her reported the warmth her body had imprinted among its straps. A little table to Diane’s right bore one of the time’s newest inventions: a transistor radio.261 I stood there just taking her in; absorbing how the sunshine seemed to acknowledge her presence and how its rays seemed to celebrate the opportunity of knowing her. She was radiant in the morning light. I wasn’t taken aback so much by her revealing bikini. I was smitten by how the sunlight danced her beauty exemplified. The radio was counting down the then Top 40 hits; nearing the battle for the Number One position. My favorite song at the time was the Herman’s Hermits hit, Mrs. Brown You’ve Got a Lovely Daughter. It had been Number One on the charts for a few weeks. “Surely,” I thought, “it would retain its lofty position.” I was wrong. It sank to second position. Do you know the name of the song and the artist that replaced it in the Number One position? Elvis Presley’s Crying in the Chapel. I was pissed; downright outraged. Here I was standing next to the radiant beauty queen of the times and I was not to have her with my favorite song juxtapositioned in a tell-tale informal information signal. Was it God delivering a message? “This is what her radiance will look like; remember it. It will indicate your time.” I have remembered it; every detail: Her beauty, her radiance; and the music playing. It is the same radiance I saw when I eclipsed the edge of the building separating the morning of March 14, 1997 and when I stood with Officer Carter toe-to-toe staring into the eyes of the iron-

260 In sixth grade, Diane and I were torn apart. I was assigned to Mr. Anderson’s class; she to Mr. Forgeus’s class. It must have been Divine intervention; the separation keeping her from fully realizing I was really the right guy for her at a very formative stage in comprehending relationships with the opposite sex. 261

If you are too young to know what a transistor radio is or was, look it up on the net.

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will of faith. It must have been the Crying in the Chapel ordained: the music foretold and then arriving.262

The Shelter Blonde Shortly after that summer 1961 encounter with the beautiful and radiant Diane McCormick and then being smitten with blonde prosperity, I began selling newspapers on the corner of North Alvernon Way and East Grant Road in Tucson, Arizona:

A very busy

intersection for selling newspapers. It was my first job. It was the afternoon paper, The Tucson Daily Citizen. I sold them for 10¢, pocketing 4¢ a paper. “Paper, Paper! Read the afternoon paper!” I would yell across the busy traffic. Selling newspapers on the corner involved an important entrepreneurial lesson that, today, I yet counsel my business clients for the purpose of building sales: the difference between indirect and direct sales.

In my business consulting lexicon, an indirect sale is where the

customer comes to the business on her or his own motion. On the other hand, a direct sale is where the business pounds the pavement to find the customer. In these economic times, I counsel my clients it is necessary to control revenue generation; do not rely exclusively on indirect sales.

Strategies and performance measures must be developed for direct sales

production. Get out on the streets and find the sale before the sale finds your competition. I applied this strategy for building sales of the Tucson Daily Citizen in the mid 1960s in the vicinity of Grant and Alvernon. I started selling newspapers on the corner at a level of 25 262

During the Babe Game, I wrote Ms. McCormick beautiful prayers, beatitudes, and Haikus celebrating that experience of her. It is fair to say once in love, always in love; she so remains though I haven’t seen her in forty years. I’m glad I had that opportunity to write her; it unburdens the heart by dispensing sequestered love not yet released. On returning home from prison in October 2004, I tried to find a recent photo of Diane McCormick, just to see the Officer Carter resemblance. I suspect today’s transmitters of informal information signals are blocking that investigation. So I haven’t been able to see just how the two “Dianes” are reconciled. It is not the only Déjà Vu experience where I am unable to locate contemporary photos for such comparisons. Keep reading.

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papers per day. I progressed to 50 papers during the week and 100 papers on Saturdays. In some part, I doubled my sales volume by not just relying on drive-by traffic customers. I would take some time traversing the neighborhood and calling on businesses in the neighborhood: “Paper?” One of the establishments I frequented for such direct sales purposes was a bar named The Shelter. It was located two blocks east of the intersection on the north side of Grant Road. I usually sold a few newspapers at The Shelter every time I went in there. So, it came to be one of my favorite direct sales opportunities. One day when I was visiting The Shelter to prosecute my direct sales agenda, I approached a woman sitting alone at the bar; more or less at the end of the bar in a corner. The lighting was semi-dark inside and my eyes were yet blinded by the sunlight. Nonetheless, I could tell as I approached this woman just how beautiful she was. She was blonde; her hair was up revealing a slender perfect neck. Her legs were crossed, and, as I recall, she was wearing a black dress. The dress was slightly parted at the top; her fair complexion revealed but not her cleavage. She was exquisitely groomed and tastefully dressed. The woman had a drink; today, I don’t remember whether it was a cocktail or glass of wine. I took her in; every bit of her. I may have been only in sixth or seventh grade; but, god damn it, this woman was incredibly beautiful. And, she was alone; certainly my treasure since I was the one who found her. I intended to keep her. And, as the years have come to past, I have kept her. I didn’t even know her name. My foray had the appearance of innocence. After all, I was selling newspapers. It was my excuse to get close to her. I asked her, “Paper, Lady?” She bought one. I fell for her in that instant. I must have; look at the detail I am sharing about her now. At least fifteen years age difference; it mattered not.

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Was it another message from God? “When you find her and approach her to investigate what you see, the encounter will be ageless.” When I met Officer Carter, I had to go investigate; my Shelter heritage delivered; and, tell-tale, there was no age difference foreboding. Indeed, the encounter became ageless. This wouldn’t be the only blonde beauty dressed in black that would hold my remembrance year after year. In the accounting of my March 14, 1997 encounter with the beautiful Officer Carter and after she inspired me to undertake the scripture deciphered social choice theory research, I reconciled the morning’s events: 1. I came to her as the “water” (scripture’s numerical reference for water is the number “37”); 2. She came to me as the “wine” (scripture’s numerical reference for wine is the number “515”); and, 3. She walked away looking over left shoulder at a critical moment and became the Sacred Feminine in my heart and soul (the Holy Womb depicted by the Trinity’s three interlocking circles).263

The Shell Gas Station Blonde By sheer Divine intervention I had become a Russian linguist in the United States Air Force, stationed at Syracuse University in 1969. Although I had flunked Spanish in high school, I somehow managed to perform well on the basic training abstract language test; well enough to become a linguist by trade. Moreover, when asked; I insisted I become a Vietnamese linguist. 263 I explain why the three interlocking circles of the Trinity schematically depict the Holy Womb of the Sacred Feminine in my work-in-process paper titled Social State Definition and the Economic Control Systems Product; an unpublished working paper (2006B); 66 pages; available at http://www.randallcv.net/SSD%20&%20ECSP.pdf.

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My Marine sergeant brother wasn’t going to have one up on me. God intervened. I became a Russian linguist. I met my first wife, Elaine, the day President Eisenhower passed away: March 30, 1969. I remember because we would have the next day off from school. Accordingly, we hit the bar scene that Sunday night. That’s when I met Elaine. Elaine lived in North Syracuse; about a thirty minute drive north on I-81 from the Skytop Syracuse University military campus where I lived and took my Russian classes. In summer 1969, I took a part-time job at a Shell gas station situated at the North Syracuse exit on I-81. Back then, self-service was the rare exception to the full service panoply attending. On one occasion in the height of a bright North Syracuse summer day a large black luxury car pulled in. The driver got out and retreated into the gas station for one purpose or another. He told me to fill up his luxury sedan with premium gas. I followed his direction. I placed the gas nozzle in the car’s gas tank and then grabbed the squeegee and paper towels to dutifully clean the automobile’s glass surfaces. That’s when I noticed her. She was sitting in the front seat, passenger’s side. She was blonde and breathtakingly beautiful. I could tell as much notwithstanding the tinted glass along the auto’s sides. She was wearing a black dress, low cut but without evidencing any cleavage. Her complexion was fair. I’m pretty sure she wore her hair up; though I could be blinded in hind sight by the beauty of Officer Carter on the morning of March 14, 1997. Damn it if she didn’t remind me of the Shelter beauty I had given my seventh grade heart to that Tucson summer now several years transpired. I always attended the windshield first when cleaning windows, progressing around the car’s circumference. I started on the windshield on the passenger’s side of the car. I couldn’t

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help but look down. Her beauty was not only fair of face, the woman was shapely. Her dress was not long, so I had to suffer the consequence of her bare, tanned legs; juxtapositioned too close together for complete enjoyment. Hey, I wasn’t even yet twenty years of age. She was seductive in a very sexual way. The air was filled with a hum laced in her sexuality. It was an invisible transmission. I still can identify the frequency of that hum. I can only account for this lesson from Divine nature in hind sight, today, after barrages of informal information signals forcing me to comprehend what really transpired between Officer Carter and I that fateful March 14, 1997 morning as we sat knee to knee. The lesson with the beautiful blonde woman dressed in black sitting in the black luxury car was surely intended by the Lord God Almighty to prepare me for recognizing the difference when a woman’s ova are drenched in the music of her womb; the veritable essence of their spiritual existence. Of course, the teaching would help me years later when I looked to ensure the spirits of Grace and Elegance had been seized from Diane’s womb and given to the Ages in response to the demands of the iron-will of faith delivered. It was an education I would intuitively recall at the right time.

Kim October 1972 found me in Seoul, Korea desperately trying to make a living for Elaine, me and what would soon to be a total of three children. My son, Brandon, was born the night I returned from Seoul, Korea. During my tenure in Seoul, Harry Gillis and I shared a room in the apartment of the Capital Management Systems Korea Manager; a guy named Mac. Mac was retired military as well. I came to appreciate Mac was an alcoholic and not very successful in the sales department.

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My two months in Seoul, Korea probably made Mac a few thousand bucks in commission overrides. However, that doesn’t excuse the behavior I’m about to describe. I was a cad. Mac had a Korean girlfriend; her name was Kim. I learned Kim was approximately 40 years old compared to my youthful 21. Kim was a Korean 40 year old babe to be exact. She was also reported to be a Korean woman’s golf pro. Although Kim was semi-attractive of face she had a body to ogle. Kim seemed to be attracted to me. The more success I promulgated during my short stay in Seoul, it seemed, the more attracted she became. The heat grew and grew until one day, when Kim and I were all alone in Mac’s apartment, Kim and I had sex. Well, at least I had sex. She took me in less than two minutes. It was the first time I had sex outside my marriage with Elaine. I was disappointed in myself; but, the heat of that moment with Kim remains indelibly haunting.264 I must have not been too disappointed as Harry Gillis and I would visit with several Korean call girls after leaving Mac’s apartment and before we left Seoul. Now, you might ask, how could my Kim sexual encounter possibly be relevant in this Déjà Vu accounting of the Divine Officer Carter, a woman I would meet twenty-four years later? I can’t explain God’s use of informal information signals, but I can tell you this. Kim was probably the hottest babe I’ve had sex with in my entire life. And, wouldn’t you know it, guess whose female shapeliness she would cause me to recognize in a time yet arriving? Yep; Kim foretold the arrival of the beautiful and sexy Diane Carter. The difference is by the time I met Diane on the South Unit yard, I had become somewhat better at controlling and masking my animalistic craze. She may disagree; she may still think I was looking between her legs, 264 I wasn’t invited back to Seoul, Korea after the 1972 Christmas holidays; probably because I screwed the country manager’s girlfriend. Without criticizing me for me impetuous action, Harry Sperber merely directed me to go to Taipei, Taiwan. There, Harry and I would chase Chinese hookers together in some of Taipei’s busiest Cat Houses.

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salivating over my prospects; and would discount my claim of a Holy Ghost investigation. Ms. Carter and Kim share a “heat of the hips” commonality; notwithstanding time’s distance. In scripture, women give birth only in hierarchical structure’s unordered progressive space. If Kim was, indeed, a Divine informal information signal foretelling how I would know the arrival of the one to inspire, all I can say is, “Hot Damn!” Officer Carter radiated that kind of heat in her hips.

The Susan Solomon Painting A significant difference between undergraduate school and graduate school lies in the relationship one has with his or her professors. When I transcended that informal barrier, I became business partners with my tax professor, Hollis Dixon, at least for awhile; and, shot pool and played pinballs and foosball with Don Vickrey and Bill Foster. You are also admitted to other social echelons including invitations to your professor’s weddings and other department parties. After Hollis and I split the sheet over my divorce from Elaine, Don Vickrey became my major professor. I had changed from tax accounting Ph.D. student status to financial accounting Ph.D. student status as a result. During the time I was completing my Ph.D. coursework, about thirty semester hours beyond the master’s degree level, two other professors had moved into the University of Arizona Department of Accounting: Paul Beck and Ira Solomon. Paul is a serious, really smart guy. Ira, on the other hand, is a really smart guy and a comedienne; always laughing and getting others around him to laugh. One time, Ira and his wife, Susan, hosted a party at their home in northwest Tucson for the Department of Accounting faculty and a few fortunate graduate students like me. I hadn’t - 379 -

met Susan before this party. As I recall, Ira and Susan had just had a baby girl. So the mood of the party was upbeat and prosperous. I soon came to learn Susan Solomon had a real talent. She was an artist. Many of her paintings decorated the walls of their home. She took me on a tour. For some reason, I was captivated by Susan’s art, particularly one painting. The Susan Solomon painting that held my attention the most was the one she absolutely and unequivocally refused to sell. You have to know, even as a Ph.D. student, I was known as the Department of Accounting’s entrepreneur. I was making more money as a graduate student because of my consulting than I could have made if I had taken a job with the Big 8 accounting firms on graduating with my bachelor’s degree. I could have paid any price Susan Solomon had wanted for that painting. I would ask her again and again to sell me that painting, even on occasions following that evening’s party. Let me tell you about the painting. Okay, let’s get to the punch line first. She had painted Diane, the beautiful and sexy Officer Carter, in this painting. The painting was centered on a woman bending over her makeup bureau applying lipstick to the beauty of her lips. It was about the sexiest pose I had ever seen. The woman’s ass made my dick hard; it was a painting for Christ’s sakes! She was shapely and voluptuous; the quintessence of a woman’s sexuality. Her hair was somewhat windblown and tossed about, just like Diane’s the morning of February 11, 1997. I haven’t forgotten that painting or the ass Susan Solomon had painted. I still want that painting; but, now I want to look at it again to see if Diane is in it as I recall her to be. But, wait, it wasn’t just her ass God wanted me to remember. Other things happened at the party that night that are inextricably related, no pun intended.

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During the course of the party, we were playing Mensa-like games. My performance was stellar. The first game was the game where you connect nine dots using four straight lines and without lifting your pencil from the paper. The nine dots look like this, to wit:

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· · ·

· · ·

The exercise of connecting the nine dots teaches “thinking outside the box” because any solution requires going outside the physical constraints of the nine dots them. While there are many solutions, you may find one on Wikipedia.265 The point of this exercise sounds the basis for my strategy for hiding Diane in the Hide & Seek game with the Chief Justice, now aforedescribed. I hid her outside the confines of the printed pages of scripture; I hid her atop the Book of Genesis. It goes without saying, therefore, the great thinkers of Greek philosophy are the true inventors of thinking outside the box because that is where they placed the majesty of ordered relations theory, the Sacred Feminine and the Primary Deity, the I Am.266 Bear in mind, this occurred the same night I first espied Susan Solomon’s painting I now consider rendered in the likeness of Diane’s somewhat seductive posterior.

265

http://en.wikipedia.org/wiki/Outside_the_box.

266 Ordered relations theory’s reference declaration ethics enable impossibility-resolved social choice theory. Contemporary economists conclude (individual: societal) well-being transitivity generally impossible, owing to Professor Arrow’s famous proof. See, Arrow, K. J. Social Choice and Individual Values. Monograph No. 12. Cowles Commission for Research in Economics. New York: Wiley (1951, 1963).

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The other game played was really fun. The professors’ challenge to the Ph.D. students was to identify the algorithm in the following numerical sequence: 1

4

9

61

52

63

94

46

18

I was the first to figure it out; and, quickly I did. What is interesting is that in order to gain the solution you have to read the sequence right-to-left and not left-to-right. Not only is Hebrew written right-to-left, but scripture’s notion of the (macroeconomic: microeconomic) perspective involves a right-to-left notion. When read right-to-left, the sequence is read: 81

64

49

36

25

16

9

4

1

Of course, the square root of each number leads to understanding the sequence is quite straightforward, to wit: 9

8

7

6

5

4

3

2

1

So, in the same night I later would conclude Susan Solomon had painted Diane’s sexy behind and sexual essence, we played a game where I was the first to victory by connecting the nine dots outside the box and the first to victory reading the numerical sequence backwards and deducing its exponential nature. Remember, half the Perfect and Beautiful Woman’s hour-glass shape is an exponential function. In hind sight, of course, I consider these events a foretelling of Diane’s arrival in my life. Look at how everything she has inspired me to accomplish in my scripture research tells about who she is in my life. Is it coincidence or the will of God transmitting a set of informal information signals? In August 2005 I attended the American Accounting Association’s annual meeting in San Francisco, California. While there, I ran into Ira, Susan, and their daughter; probably a Supreme Court informal information signal recognizing the Solomon story. At the August 2006 American

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Accounting Association’s annual meeting held in Washington, D.C., I met Paul Beck. Both Ira and Paul are now at the University of Illinois, Urbana-Champaign.

The Red Lion Abracadabra Image All right, since we are on déjà vu informal information signals over Diane’s sexy ass, I may as well recount another one. This informal information signal transpired during the time I was actively a tax planning consultant in the McDonald’s franchise system. On November 19, 1981, Tim and I traveled to Sacramento, California to give a succession planning seminar to the McDonald’s Sacramento Region. The region extended all the way to the Canadian border, encompassing the state of Washington. One of the McDonald’s clients we had prior to that meeting was Len Giannola, an operator in the Seattle area.

Len owned McDonald’s franchises near the University of

Washington and in Bellevue. On one occasion in the early 1980s, Renee and I were visiting Len in Bellevue, where his administrative offices were located. We stayed at the Bellevue Red Lion Inn. During one evening, Renee and I went to the Red Lion’s disco. I wasn’t much of a dancer back then, but I gave it the college try.267 As we sat in the disco bar, a new song was played for the audience’s enjoyment. It was the Steve Miller Band’s Abracadabra. I still love that song to this day. Well, the song has a lyric in it that, most likely, every red-blooded male can relate to; it refers to a woman wearing “black panties with and angel’s face.” Obviously, it implicates a woman’s sexy see-through panties.

267

In 2007, I took about nine months of dance lessons from Jeannie Tucker. I love to dance now and regularly dance.

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I immediately adopted an image of a woman wearing such panties, envisioning her sexy “angel’s face.” It wasn’t Renee inspiring my counsel to that image. The image, however, is one that sticks with you. When I met Officer Carter at the South Unit during my 1996-97 tenure there, I immediately recognized the fit. The image was transparently one of Diane wearing sexy black panties. Politely speaking, I had envisioned her “bottom” some twelve or thirteen years earlier. When boy meets girl, I am sure both the boy and girl, when attracted to one another, take into account every detail, from head to toe. With Diane, I counted every detail at least two or three times. Maybe she was right after all. Was I looking at her Angel’s Face on the morning of March 14, 1997? Perhaps, inasmuch as it is impossible to ignore, but it wasn’t the focus of the investigation. God didn’t miss foretelling any detail of beauty’s impending arrival. The Rich’s Department Store Fragrance In 1978 I attended my first American Accounting Association national meeting as an ABD Ph.D. student. ABD means “all but dissertation.” In the world of academia, it may be acceptable for Ph.D. students who are nearing completion of their degree to get a jump start in obtaining full-time academic employment. I was so situated at the time of the AAA August 1978 meeting. It was held in Denver, Colorado. Each AAA national meeting has a Placement Center where, ostensibly, universities and professor-wanna-bees reconcile their interests.

By the time the Denver AAA meeting had

concluded I had interviews lined up all over the country. After all, I had a Master’s Degree in tax accounting and tax professors were the most sought prize of the AAA meeting interview agenda. I had received invitations for campus visits from universities across the country: the

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University of Houston; Georgia State University; the University of New Orleans; 268 George Washington University; the University of Notre Dame;269 one of my alma mater, Syracuse University; Northeastern University; Boston University; Bentley College; and, where I ended up accepting a position, Chicago’s DePaul University. I was married to my second wife, Renee, at the time. She was a Certified Public Accountant employed by Arthur Andersen & Co., and had earned her Master’s Degree in Accounting. Part of the consideration where I could accept university employment was centered on her ability to transfer from the Arthur Andersen Phoenix office to another Arthur Andersen office somewhere in the country; so goes reconciling careers between two professionals. Arthur Andersen had offices near each of the foregoing universities. My first interview was the University of Houston. It is part of the University of Texas system. I loved the school and received a job offer; but, I didn’t want to live in Houston’s humidity. So, I moved onto the next interview, Georgia State University in Atlanta. As I recall, my Georgia State University interview involved visiting the campus on Thursday and Friday; and, because of the long trip back from Atlanta to Tucson, I planned to depart the next day, Saturday. Usually a campus visit involves meeting your future colleagues, visiting a few accounting classes, and maybe even a paper presentation or some other exposition

268 During my UNO visit, one of the accounting professors picked me up at the airport. We immediately headed to the French Quarter to a place called Felix’s. It was renowned for its fresh oysters. We “porked out” on at least three dozen fresh oysters each and a couple of drafts. God, those oysters were delicious. However, his wife had busted her fanny to prepare a “welcoming dinner” for yours truly and had invited other professors from the UNO Accounting Department and their wives. Although I was already stuffed to the gills from our Felix’s adventure, I forced myself to eat her delicious meal. I would not dare hurt her feelings. Her husband and I were sworn to secrecy; else, I’m sure he would have caught hell of the ages. 269 The University of Notre Dame has a beautiful campus in South Bend, Indiana. I learned they treat Catholics as a minority when hiring new professors. Renee attended the visit with me. She would have had to accept an Arthur Andersen job in Chicago. This turned out to be the only campus visit where I was not offered a job at the conclusion of the interview. The reason proffered is usually along the lines of “our interests are not aligned.” A safe harbor against employment litigation claims.

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where you evidence your skills. Finally, if everything seems right, your last meeting would be with the head of the department or the Dean of the business school. It is at this time when I would be offered a job and learn what the proposed salary would be. At the time, my Assistant Professor’s salary was uniformly in the $30-33,000 area for a nine month teaching contract. One could earn about 20% more teaching summer school. My American Airlines flight to return me to Tucson was scheduled to depart Saturday around noon. My hotel was near a downtown Atlanta shopping center. I visited the Rich’s Department Store there; wanting to find an appropriate gift to take back to Renee. Somehow, I was drawn to the perfume counter. “That’s it,” I thought, “I’ll take her back a bottle of perfume.” The young lady who worked the perfume counter set me back a few paces. She was blonde, absolutely beautiful to the point where you couldn’t take your eyes off her. Her hair was up revealing the simple grace of her neck ascending into a face obviously blessed in beauty; and radiant beyond comprehension, though we were inside.

I was immediately smitten

notwithstanding the ostensible purpose for visiting her counter. Then she spoke to me. That sweet southern accent was her crowning seductive blow. I was lost. The young lady and I dwelled in conversation for some time together; seemingly lost to the venture of securing a fragrance for return to my wife in Tucson. She was absolutely entrancing. To this day, she has to be one of the most beautiful women I have had moments to share. I caught my American Airlines flight home: First, from Atlanta to Dallas; then Dallas to Tucson. During the flight from Atlanta to Dallas I noticed the strangest thing happening to me. My heart was beating warmth I had never experienced and goose bumps had formed on my

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arms. The Rich’s Department Store beauty had injected her essence into my existence; it was an I’ve Got You Under My Skin prelude. I had become endowed with her; outside my control to dispense with notions of loving her. Did I do it on my own? Or can it only happen when two people dance in rhythm to passion undressing? If you have ever incurred the heat of the experience then you will believe me when I report it is impossible, unequivocally impossible to think about anything else but her. I can’t tell you how, over the years, I kick myself in the ass for not going back to get her. I was offered a job during the Georgia State University visit. But, I ultimately declined it in favor of accepting the DePaul University offer. My friend, Bob Nagoda, did accept an offer from Georgia State University to teach there as a tax professor. Bob interviewed the same year as I did. However, it wasn’t Georgia State that held my thoughts in Atlanta. It was an unnamed blonde beauty who had injected her beauty into my heart and soul and refused to let me go. Later, I would open a JNC office in Dunwoody, Georgia; an Atlanta suburb. It was a Ventana Canyon Securities Corporation office.

That company was JNC’s securities sales

subsidiary. The office was staffed by Steve Moddelmog’s father, Al, and Al’s friend Don; both retired Avon Executives. Coincidence? They never made a single sale. I didn’t care. I must have had another agenda in my heart. Would I ever find her again? God damn it, life’s lessons are hard sometimes. The will of God prevails; even when it doesn’t grant our fondest dreams. The beauty at Rich’s Department Store was another omen of beauty arriving. It was as if she was teaching me, “Though I’m not the one, the one that is coming will have a fragrance that will inject into your soul and not let you go.” The foretelling was insightful and correct. When I first met Diane, I

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knew her fragrance immediately. I just didn’t know she would so dramatically inject me with the I’ve Got You Under My Skin business.

The Reincarnated Blonde Beauty Image It wasn’t but a few years later Tim and I would travel to Boca Raton, Florida to make a presentation to the McDonald’s Atlanta Region franchisees. Of course, by then, the Atlanta beauty’s perfume was yet fragrant in my mind’s eye. So any time anyone mentioned Atlanta, the Rich’s Department store beauty sprung forth; the eternal occupant in my heart. I should have gone back after her; I still kick myself in the ass. The presentation went really well at the Boca Raton conference.270 We acquired a new client: Jack Pezold of Columbus, Georgia. Jack then owned several McDonald’s franchises in the Columbus, Georgia area. After the Boca Raton meeting, I made arrangements with Jack to undertake a business planning proposal. The name of our company that provided these services was JNC Business Planning Corporation. The prospective client would mail us financial statements and income tax returns, including McDonald’s Restaurant profit and loss statements. We would enter data into the model Tim had programmed while on the Oil Committee of Stanford University’s Energy

It went so well, another McDonald’s franchisee’s attorneys became extremely jealous over our ability to make such presentations at McDonald’s regional meetings. He was a member of the Atlanta law firm King & Spaulding. He had called other McDonald’s executives in Oak Brook and advised our tax planning techniques were not competent. Gerry Newman asked me to fly to Oak Brook to make a presentation to McDonald’s General Counsel, Donny Horwitz, and Arthur Young’s tax planning guru, Jack Greenberg. I knew both guys by sight from earlier conventions Gerry hosted for McDonald’s accountants and lawyers. I am an academic. I knew my material well. I knew the King & Spaulding asshole was just jealous and wanted to hurt our McDonald’s relationship so we wouldn’t threaten taking business away from him. I flew to Chicago and discussed the tax plan with Horwitz and Greengberg. Gerry was present as well; though Gerry had to concede expertise to Horwitz and Greenberg. I answered all questions addressing the plan’s competency. No one could counter my arguments or research. Later, Gerry took me to dinner at the Pump Room with his wife and two sons. He advised his experts told him there was nothing incompetent about our plan. However, as a result of the King & Spaulding jealousy, Gerry was unable to invite us to future McDonald’s franchisee regional meetings. 270

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Modeling Forum. The ensuing analysis would iterate to a scenario evidencing estate versus income tax planning optimization. Moreover, by the time we completed the proposal for Jack Pezold, President Reagan’s second tax act had passed: The Tax Equities and Fiscal Responsibilities Act of 1982. Recall my earlier explanation that TEFRA was an ICMC attempt to curtail the kind of succession planning we were actively engaged by disabling the formation of holding companies utilizing debt securities; a popular value-freezing and income tax planning technique. The Supreme Court had also rendered its Vogel Fertilizing decision and we had iterated to Bottom Freezing in response to TEFRA wherein the Vogel Fertilizer holding played a material part in the operation of the new tax planning technique. Jack Pezold, as it turns out, was the first McDonald’s client where we would introduce Bottom Freezing. Once the proposal was finished, I flew to Columbus, Georgia to meet with Jack and his wife. Though, I cannot recall her name, the informal information signals suggest it is Susan, as well. But, her exact name is not the important part of the story. Jack had paid us $2,500 to prepare the proposal.

If he accepted the proposal, the

engagement would earn us between $25,000 and $50,000 in business planning professional fees.271 I was scheduled to join Jack and his wife for dinner in Columbus, Georgia to discuss the results of the proposal analysis and the propriety of Jack proceeding with further business planning services. We were having dinner in the same Columbus hotel where I was staying. When I went downstairs to join Jack and his wife, she immediately startled me. She was substantially younger

271

Out of this relationship, Jack Pezold later invested $50,000 cash as a limited partner in the Sierra Sunrise Limited Partnership. He never participated as a limited partner in any Admiral financial guarantied limited partnerships. So, he was not a member of any JNC litigation group.

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than Jack. She was breathtakingly beautiful. She, too, was a blonde, wearing her hair in a French bun. Her figure was as remarkable as her beauty. And, her southern accent was curiously reminiscent. I was quickly taken aback. I wasn’t sure, but wondered, if Jack hadn’t found the girl I had met at the Rich’s Department store when I interviewed at Georgia State University. My physical response to meeting Jack’s wife was immediate and incredibly out of control. My allergies flared up as they had never done. I was overcome with an allergy attack. I was so overcome that Jack and his wife noticed. I could only apologize; how embarrassing! Jack’s wife sold “bee pollen” as a sideline. I bought some on her avowal the bee pollen would help my allergies. Though, on returning home, I would take them religiously out of her inspiration, I don’t think the bee pollen ever did squat to help my allergies. Nonetheless, the entire time over dinner, I was plagued with my error in judgment having not returned to Atlanta for the perfume counter beauty. What was another divorce in the face of such luxury of the heart? My allergies continued to flair; did Jack take advantage of my judgmental error? I so liked Jack I didn’t want to be plagued with this concern. After all, business is business and beautiful women are beautiful women. Jack’s wife wore a simple black dress that evening, the blouse part tightly fitting her full figure while the skirt part flared out somewhat. Tiny red roses decorated the black background. As the evening concluded, I followed them to the restaurant door leading outside. Specifically, I followed behind Jack’s wife. Her walk was just as beautiful as every other part of her. As she approached the door, she looked back over her left shoulder as if to verify my progression in following them out the door. The look back revealed the beauty of her face in

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concert with the flow of her hair tied in a French bun; the tiny red roses foretelling a story yet to unfold on the black background of her dress. Today, as I look back, that night brought another message; an obvious informal information signal promulgated by the Divine. It was as if Jack’s wife’s spirit was announcing, “You will know when you meet her because she, too, will look back over her left shoulder at the time of fragrant red roses.” It’s like that moment and the time Diane looked back over her left shoulder on the morning of March 14, 1997 are inseparable; an ordained telling of things to come.

The Tax Class Image As summer 1981 approached, I received a telephone call from my dissertation chairman Don Vickrey while I was yet at DePaul University in Chicago. Don suggested I come back to the University of Arizona over the summer and finish my dissertation and receive my Doctor of Philosophy degree; whereupon, I would teach at the University of Arizona on a one-year contract as a Visiting Professor. I agreed. Sure enough, I finished my dissertation that summer, completing all requirements for the Doctor of Philosophy degree in August 1981, right before the commencement of the fall semester. Pursuant to our agreement, I accepted the one-year contract to teach at the University of Arizona as a Visiting Professor. In the fall term of the 1981-1982 academic year, I was assigned to teach the introductory undergraduate tax course. The term ran from mid-August through mid-December. As the winter months in Tucson approach, it does become chillier in the mornings, getting warmer as the day progresses toward afternoon. My tax class was scheduled at 8 a.m. It would be the coldest time of day for late autumn class meetings. - 391 -

I noticed her my first day. She was beautiful. She sat in the front row, center seat; right in front of the teacher’s desk. She would sit there the entire semester; refusing to grant me relief from her beauty: Blonde hair, worn up to reveal the beauty of her neck ascending. She always wore blue jeans and a red leotard top. Her breasts rested comfortable and full in that leotard; day after day. As the cooler mornings arrived so did her nipples. Not only would I have to contend with naked beauty sitting right in front of me I would have to contend with two erect nipples daring me to ignore them. I was unable to. I did all I could to spread my teaching eyes around the classroom, not to focus on her. In the ensuing informal information signal lexicon, phonetic plays on words like “taxes” and “Texas” always implicated the Gospel Truth Unchanging that has bound Diane and me eternal in the pageantry of Grace and Elegance now delivered. Translated, the play on phonetics refers to “Text Us,” meaning scripture as it has become interpreted in our loving legacy. One thing is for sure: I would never have picked up those Instructions in January 1999 and deciphered Grace and Elegance’s secrets hidden in scripture’s pages and scripture’s tell-tale exostructure but for the precious moments shared with D. Carter whilst incarcerated at the Arizona State Prison – Florence, South Unit from August 15, 1996 through March 21, 1997. All the scripture research you are about to witness would have gone undiscovered. Perhaps even complete access to the Church’s deepest secrets driving its unholy alliance with the ICMC would have fallen short of complete distillation. The tax class beauty foretold the arrival of the one who would make me interpret the Gospel Truth Unchanging.

My Soul Mate I’m not sure what the general agreement is on defining your soul mate. However, I know of no other woman on the planet where I have incurred so many informal information signals - 392 -

foretelling her arrival. Moreover, once I found her, she made me go “Downtown Leroy Brown” and define her daughters in our love born in the Gospel Truth Unchanging; the evidence on the subject is hereby submitted.

Babe Game Implications The foregoing litany of seeming informal information signals during my life leading up to meeting D. Carter and the ensuing majesty delivered begged one transparent and further question in the minds of those transmitting the informal information signals:

“Were there

others?” That is, the Hide & Seek game with the Chief Justice took on a supplanting dimension: “Is she the only one he was ordained to find?”

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Chapter 26 The Babe Game At one point during my lock-down incarceration, we played what I refer to as the “Babe Game.” My competition, the Supreme Court of the United States and all the really smart consultants they are able to retain. Collectively, they know I love to play games. It is more likely than not they observed my shit-eating grin and “I’m going to whoop your ass attitude” when the Hide and Seek game with the Chief Justice commenced on the Meadows Unit. So, a game it would be; involving Officer Carter and all the world’s beauties. It commenced in the year 2000. As usual, the Babe Game was played by and through the use of informal information signals; radio station, television, and even magazine informal information signals were used. Moreover, it appears the Babe Game required my presence in a lock-down facility to control as many experimental factors as possible. In other words, the Babe Game was like a laboratory experiment in many ways; I had to be in a controlled environment.

Ergo, I had to surrender my freedom to the lock-down

environment. I did so willingly because my goal was to go home and get my dough; with a new objective added as a result of my South Unit visit – I also had to get to Charlotte.272 Know that no one sent me a memo explaining the Babe Game or the lock-down controlled experiment environment. It all came by informal information signal representations. Let me explain how I migrated to the lock-down controlled laboratory environment.

In my mind’s eye at the time, I always believed I would go back to Florence to find her. “Officer Carter, you may not remember me, but . . . .” 272

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I first arrived on a minimum security yard on or about January 2000; the Arizona State Prison – Winslow, Coronado Unit. I was transferred there from the Arizona State Prison – Tucson, Santa Rita Unit. On the day I arrived, the Chief Justice’s henchmen had orchestrated a work-stoppage. The Deputy Warden of the Coronado Unit meted out punishment once the work stoppage terminated. All inmates would perform 40 hours extra duty. Naturally, I declined the opportunity to obey the punishment order; after all, I had experience in subjecting myself to contempt for disobeying authoritative orders. Every time I refused to obey the order to perform extra-duty I received a disciplinary ticket. I then refused to perform the extra-duty meted out as a consequence of the disciplinary ticket. In all, I ended up with 17-20 disciplinary tickets and was reclassified a 5-level institutional risk; though my public score remained a “1.” Unlike Charlotte’s March 14, 1997 “ticket,” my Arizona Department of Corrections record evidences this cluster of disciplinary tickets. I ended up spending seven months in Arizona’s Central Unit, known as “The Walls;” a maximum-security “5” yard. The Central Unit is located right next door to the South Unit where I, of course, met the lovely Officer Carter in the first place.273 Needless to say, seeing the South Unit from the upper floor window of the cellblock where I was incarcerated was drenched in memories of loving her. The Babe Game commenced at the Central Unit. It took somewhat of a hiatus for a few months toward the end of the year.

273

The Laundry Facility where the fateful March 14, 1997 events had transpired had been razed. I figured it must have been moved to some sort of museum-like place where they keep historic structures. After all, Grace and Elegance were Divined there.

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I was transferred home to Tucson for the 2000 Christmas Holidays; specifically, the Wilmot prison facility, Santa Rita Unit.

(Note:

One of the informal information signal

codenames for Charlotte’s Mother is “Rita.” The implication being that my mother-in-law-to-be wants to ensure her beautiful daughter’s welfare by validating my representations of love in the presence of God.) It is the same facility from which I was transferred to the Winslow facility at the beginning of the year. The Santa Rita Unit is a medium security “3” yard; allowing greater inmate freedom of movement than either a 4 or 5 yard. After my family’s frequent Christmas visits, some official reason was proffered for moving all the white boys on the Santa Rita yard to the Arizona State Prison – Lewis complex in January 2001. The Lewis Complex is near Buckeye, Arizona. There, I was initially housed on a high-medium security “4” yard; a lock-down unit. However, I received no disciplinary tickets while at the Santa Rita Unit that would warrant moving me from a medium security “3” yard, to the high-medium security lock-down “4” yard. The Babe Game, apparently, was perceived as more productive while I was in lock-down. I’m not exactly sure why we played the Babe Game. I have a few theories. The commonality remains the same, however; I would walk through any hell to get to her. “Let’s get on with it, god damn it,” remained my mantra. Let’s play the game. That’s why I voluntarily walked into lock-down.274

Babe Game Theories Put yourself in my position. First, the Supreme Court of the United States indirectly through the Arizona Court of Appeals, Division Two, orchestrated my summer 1995 catharsis.

274

It sounds along the same lines as having given up my criminal defenses, doesn’t it?

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Second and as a result of the catharsis, I figure out the official corruption that led to my criminal conviction for which I was incarcerated. Third, I then believe my conviction will be overturned as constitutionally infirm, orchestrated by a fraud on the court through a pattern of racketeering activities, including bribery of court officers, in support of the W. R. Berkley continuing racketeering enterprise’s unlawful objectives. Fourth and since (i) my case involves several hundred million dollars, and (ii) my conviction had been corruptly orchestrated in furtherance of the Berkley continuing racketeering enterprise unlawful objectives, I am about to become a bzillionaire via treble racketeering damages and other damages. Fifth, it is reasonably foreseeable that (i) because of the historic nature of the Supreme Court’s exercise of supervisory jurisdiction, and (ii) my unique status as a ward of that jurisdiction, I am bound to be a little more than famous when all this comes to light in the public world arena. Recognize there may have been many theories for undertaking the Babe Game; one not in competition with another – but, all requiring resolution. Now that I have set the contextual stage, let’s look at those theories.

The Second Coming Theory You were looking for Him as the millennium approached:

the Second Coming.

Forecasted in the annals of scripture’s pages; He would come again to save the world. Whether you are deeply rooted in faith or not, there had to be at least a modicum or, minimally, a scintilla of wonder in your soul awaiting – will He come again? You probably shared some of this anticipation with the rest of the breathing souls on the planet, whether you are willing to admit it or not.

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Well, the news now broadcast here for the first time for the public’s benefit is that He did come again. It might not be what you expected. You expected Jesus or the Christ; no matter how disparate the definitions of same travel the globe. You expected some miracle. You must have been disappointed when the change of the millennium transpired and you didn’t see Him. First, you didn’t see Him because He was born in a prison in the middle of the Arizona desert. He was born there because the Almighty was delivering His message. His message of correction; a message ordained to be delivered as it was. The unholy alliance between the ICMC and the Church had to be dispelled. It is the only interpretation possible when you read this book. Second, the Second Coming is not about Jesus or the Christ. Rather, it is about the Messiah. In the lexicon of the great thinkers of Greek philosophy, an ordered Christ is the Second Coming and an ordered Christ refers to the Messiah. The Christ exists in progression; the unordered hierarchical structure environment. The Messiah exists only in ordered relations theory with its bifurcated heirs filling hierarchical structure regression, the very transition from ordered relations theory’s ethics endowed space to social choice theory’s aggregation mechanics environment. It is the ethics of the universe transcending. However, I was a little late in defining the Second Coming. I didn’t define it until Thanksgiving 2001; the very heart of Grace and Elegance. That’s why you didn’t see it at the change of the millennium or any time approximate thereto. It was a secret sequestered as the Almighty brought his correction showing message to the venue He chose in the first instance. Moreover, it was delivered by His time schedule, almost two years after the change in the millennium.

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Principally, the Second Coming is probably the main reason we played the Babe Game. The Supreme Court, and its herd of intellectual consultants, wanted to know scripture’s most hidden secret; the secret the Church has withheld through the ages, the secret that enables impossibility-resolved (individual: societal) well-being transitivity, the secret that empowers redemption of the human condition against the unequivocally defined ethics endowed physical universe. The Messiah’s definition is probably the primary secret the Church has withheld from disclosure among the world’s governmental authorities through the ages.275 Once understood, the Church’s carnal lusts become defined against the demands of salvation and redemption; the balance of power shifting from survival of the fittest to empowerment unrestrained by prejudice. The powers that be that controlled the Babe Game laboratory environment to which I subjected myself transparently targeted the Babe Game’s primary objective:

Messianic

definition. The authorities probably had a prior belief I might be able to distill the Messiah’s secrets; resolving scripture’s most obscure mystery. First, my entire life has been a path ladened with education and experience empowering me to discern Messianic theory and axioms. Truth be known, I was quite bored in Don Vickrey’s Accounting Theory class centered on impossibility-plagued social choice theory as principally defined by Professor Arrow in his 1951 ground-breaking treatise, Social Choice and Individual Values. As I look back on it today, I was probably bored with it because my soul was attuned to ordered relations theory’s reference ethics and the resolved versus plagued distinction the scripture writers surely counseled thousands of years before Professor Arrow was born.

275

As a means of misinformation or disinformation, the Church is probably willing for theories to flourish that Jesus, the Christ, and the Messiah are all one and the same. They are not; each has a different place ordained in the scripture writers’ [(Ordered Relations Theory): (Social Choice Theory): (Welfare Theory)] regression.

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Second, my walk through the JNC litigation was one of faith. I let go of everything: my wife, my children, my possessions, and my freedom. Believe me, when you walk that walk it is you and your God that gives you life’s hope and separates you from despair. It is faith and faith alone that is your only asset; the only reference on your resume. The laboratory designers knew this as well. When you add together my education and experience and the path of faith I walked through the JNC litigation, you are surely to conclude I have seen the face of God, I must know the Messianic secrets. Accordingly, the Babe Game was designed. It is not clear whether they suspected I innately obscured the Messiah known to me as a means to my own survival or whether I was hiding it to protect Diane or the beauty of our love then born and prosperous.

Remember, I was “encouraged” to attend bible studies and

nondenominational protestant services while on the South Unit with the Divine Ms. Carter. It began my education to enable ferreting Messianic resolution. Be advised, however, I have only read the Bible once in its entirety, from cover to cover; and only because I thought it among the necessary conditions to be fulfilled so I could go home, get my dough, and get my babe. Don’t worry, I will tell the story how Grace and Elegance were born Thanksgiving 2001. Keep reading. As you read, though, keep in mind that the primary objective of the Babe Game was Messianic definition. The other Babe Game theories set forth below were collective by-products of this primary effort. The “Does He Really Love Her or Is He Using Her?” Theory Upon the realization of my corrupt conviction and the foreseeable damages sure to be mine as a result thereof, I believed I was going to be the playboy of my dreams. However, the - 400 -

wily Chief Justice and his cohorts sent me off to the South Unit facility to meet the incredibly beautiful, sexy, and obviously intoxicating Officer Carter. I struggle against falling in love with her during “The Night out Back,” only to finally realize I am already over cliff’s edge.

Then, on March 14, 1997, she injects herself

subcutaneously and sends me into goose bump heaven; all by her iron-will-of-faith gaze and walk into Divine inspiration. Because I was successful in duping the Berkley racketeering enterprise participants into believing I was unaware, thereby furthering the Supreme Court’s access to the corrupt ICMC hierarchy; a reasonable question arises whether I will turn my Academy Award winning performance against the Court and its complement and dupe the innocent Officer Carter, who brought an innocent and truly loving heart when she came to meet me at the South Unit facility. Future chapters will address the use of radio music informal information signals to educate me about Diane’s heritage in coming to know me before meeting me at the South Unit facility. It drives me to my knees and makes me pound the ground for relief; for which there is none. You will come to understand it. Keep reading. Know that my primary agenda, understandably, has been to go home and get my bucks. The laboratory investigative question might be framed like this: What does he care if he uses her to achieve his ends without regard to her heart’s investment? Thus, this theory is paraphrased as a question: Does he really love her or is he using her? In this setting, the obvious tactic is to parade the world’s beauties in front of a lockeddown Randall and observe his responses. After all, the Babe Game was really undertaken once I migrated from a minimum yard to a maximum security yard and then to a high-medium security

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yard. The transparent theory being that a famous, rich boy could have the babe or babes of his choosing; why satisfice for just one babe; and, importantly, why Diane? The “In the Hide and Seek Game with the Chief Justice, Where Did He Really Hide Charlotte”? Theory Don’t forget, immediately following the time I was ripped away from Charlotte and transferred to the Meadows Unit, the radio station informal information signals transmit a game commencing between me and the Chief Justice of the United States.276 By knowing the content of my Charlotte letters and cards, the Supreme Court and its intellectual cohorts probably knew that loving her was ensconced in the beauty of love in the presence of God. It was also probably collectively suspected, and correctly so, the Sacred Feminine is an important aspect of the Messiah and where I may have “hidden” my perception of loving Diane in God’s presence among scripture’s pages may have been allocated among scripture’s Sacred Feminine derivatives. In the New Testament, I have discerned the following Sacred Feminine derivatives. The great thinkers of Greek philosophy, the ancients who authored scripture, characterized the Sacred Feminine as the female aspect of the Messiah, representing the axioms necessary to empower impossibility-resolved social choice theory. They also depict the Sacred Feminine as never descending from atop the Book of Genesis to become resident among scripture’s pages. Perched atop the Book of Genesis, the Sacred Feminine exists only in ordered relations theory space. To effect transition into social choice theory space, the scripture writers fashion

276

This game commenced shortly after the time I first realized radio music as a source of informal information signal content. Importantly, I came to learn Chief Justice Rehnquist disdained being referred to as the Chief Justice of the Supreme Court. His title was “Chief Justice of the United States” and you’d better get it right.

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Sacred Feminine derivatives.

The Sacred Feminine is, accordingly, protected in ordered

relations theory space by Genesis’s Cherub with the flaming sword. Martha, the sister of Lazarus, is the most likely candidate for the New Testament’s social choice theory hierarchical structure regressive ordered space Sacred Feminine derivative. The transition from such regressive space to progressive unordered space is a transition defined by the Mary Magdalene Sacred Feminine derivative. The transition from Mary Magdalene, for whom it is impossible to conceive, to Mary, the Mother of Jesus, for whom alone conception exists, is the New Testament’s Virgin Mary. Both the Virgin Mary and Mary, the Mother of Jesus, are also progressive unordered space Sacred Feminine derivatives. The Babe Game intellectual organizers most likely suspected the foregoing Sacred Feminine relationships.

Accordingly, in hiding Diane in scripture’s pages, they may have

suspected I would hide her in other beauties of the world; her Sacred Feminine-like derivatives. The Babe Game, in part then, was probably designed to ferret the most likely hiding places as I emulated the Sacred Feminine derivatives in my soul; ‘cause I sure as hell never cognitively processed as much. I can only look back today and postulate this Babe Game sub-theory. During the Babe Game, there was a set of repetitive information signals which seemed to ask, “What about Tammy?” I remember saying aloud in the isolation of my lockdown cell, “Who is Tammy?” During this period, I saw a news item on television where I thought the female EMT was the female guard I had been calling Diane. In the informal information signal lexicon, EMT and Tammy are metaphorical correspondents.

Moreover, the name Tammy has scripture

interpretation implications.

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In my studies, the Deity, I Am, is defined to be the (Any, Given)k continuum Deity. And, the Sacred Feminine reposes over the Book of Genesis, holding together the Deity and Human Condition interactions. The combined I Am and Sacred Feminine define scripture’s notion of the Messiah. The letter T is a metaphorical reference to the Sacred Feminine’s Book of Genesis position (atop the book) and “am-my” metaphorically refers to I Am. Whether her name is actually Tammy remains to be seen; nonetheless, there are times today when I yet refer to her as Diane. So, while I remain uncertain as to the female guard’s actual name, Diane and Tammy refer to the same woman. Somewhat exasperated with the unresolved informal information signals, I have also taken to referring to her as, “Charlotte Johnson, my mythical babe.” However, the important point of the Diane EMT story is that I believe, in hind sight, the Supreme Court’s intellectuals were conveying an informal information signal they knew I hid Diane in my perception of the Sacred Feminine. Now, they just had to find her daughters, Grace and Elegance; surely the daughters would define the Sacred Feminine’s axioms. The Babe Game continued.

The Elle McPherson Theory Remember my recounting the story of Officer Carter’s strange behavior on February 12, 1997. I stood at the Laundry Facility’s half-door and watched her strut around the facility’s inner sanctum, in this pose and that pose, leaving me to wonder, “Okay, your forearms are nice, but what the hell are you doing?”277 She was asking me about Elle McPherson.

It was at this modeling time one of the Chief Justice’s henchmen came aside me at the half-door and asked, “Wouldn’t you like to get in her pants?” I was appalled. My real desires were none of his business. 277

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Remember the story when I first learned about Elle over a lunch with Greg Oester and Jay Dow. They advised her presence on the cover of the swimsuit edition of Sports Illustrated. I ran and got my own copy and soon learned she was touted as the most beautiful woman in the world. In the context of my best protective strategy, I quietly muttered to myself, “No she’s not.” The Supreme Court knew I deep-sixed my criminal defenses and carried my role as a Berkley racketeering enterprise victim with an Academy Award winning performance. The salient question to the laboratory experimenters is obvious: “Why, for the money, the fame?” It must be a woman. Thus, the Elle McPherson Babe Game theory was born. “Gaining access to Elle McPherson must have underscored his motives and desires,” they surely theorized. “Why else would a crazy son of a bitch do what he did so willingly?” I fashioned this Babe Game subtheory on the grounds and for the reasons I don’t believe myself to be anyone’s fool. I can neither admit nor deny the theory, per se. I can only tell you there are times where Elle McPherson holds my attention and there are times when she does not. The difference is probably my own protection agenda legislated in her interest. I did the same thing with Diane.278 So the collective Babe Game sub-theory question is, “Was he after a means to access Elle McPherson, is that what served as his motive?” The question remains today. In fall 2008, there were a series of television commercials begging the same question. You may have seen them yourself and will recall them as I recount their sequence to you now.

278 There are times when I deliberately perceive Diane’s February 11, 1997 blush accommodating squishy face in the most unattractive way. Also, there are times when I give her March 14, 1997 cheeks a Louis Armstrong like distention; and her March 14, 1997 butt considered by me as she led us into the laundry facility as a wide-load. She was beautiful on all occasions; the perceptions a function of my protection mechanism – protection of her, not me.

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The first commercial appears to be set on the streets of New York. New York is characterized by skyscrapers; itself a metaphor for the relationship of the Genesis Creation sequence to the Sacred Feminine’s position atop the Book of Genesis. Next, you see a plethora of shoes falling from the sky. This is clearly a Diane – Sacred Feminine metaphor. Among the Diane implicating radio music informal information signals is the ZZ Top version of Who’s Going to Fill Those Shoes? The song implicates the idea that she and only she drove me to defining the Sacred Feminine by loving her in the presence of God. The next commercial is a Revlon commercial where the model is none other than the beautiful Elle McPherson. “Revlon” is a phonetic likeness to the word “Revolution” as in the Beatles’ song by the same name.

In the informal information signal lexicon, the term

“revolution” plays on scripture’s notion of war, which only occurs when one doesn’t pay attention to the Sacred Feminine derivatives’ axiomatic applications in social choice theory’s hierarchical structure progressive unordered space. It is in this scripture defined space only where baby-making sex occurs. So the fun of the informal information signals cast by the two commercials one following the other, begs the question, “Who is going to take Diane’s place if she never shows up in Randall’s life again?” The smiling Elle McPherson answers the question. So, you see, the Elle McPherson Babe Game theory investigative question continues yet today: Did he do it to gain access to one of the most beautiful women in the world – Elle McPherson?

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The Parts of Charlotte Theory In the same vein that scripture embodies Sacred Feminine derivatives inasmuch as it never allows the Sacred Feminine to descend from atop the Book of Genesis, 279 the Supreme Court’s Babe Game intellectuals may have propounded a theory I would diffuse parts of Diane among beauties known directly to me already in my life’s experience and among beauties known to me only indirectly through some sort of other medium, like radio, television, or print.280 To this end, the “Parts of Charlotte Theory” was developed and prosecuted to further the discovery and definition of Grace and Elegance. Let me give you examples of this theory. When I was first in lock-down in the notorious Cellblock 3 of the Central Unit, I watched a series of commercials where the commercial star was a drop-dead gorgeous blonde woman. The commercials advertised Alltel. The first such commercial had her attending a hotel desk, inquisitively posing her face, and then asking “What’s in a name?” Unlike most red-blooded American boys, I didn’t know who this beauty was; I just remember I was smitten by her.

Moreover, there were obvious Diane-like

implications about her presence. The third such Alltel commercial involved this beautiful blonde woman singing a blues tune with some black musicians as she strolled down an alley-like setting. At one point the To this end, the radio music informal information signals transmit the song It’s Impossible and its Spanish equivalent Somos Novios, to implicate the idea that it is impossible for the Sacred Feminine to descend. There is a compounded interpretation of this information signal concerning Diane’s iron-will of faith; that aspect bearing her commitment to her calling by the Lord God Almighty. It is the part of her that drives me to my knees, pounding the ground for mercy. It would do the same to you, too; no matter how tough you think you are. Keep reading. 279

My first encounter with the “coping with innocence” issue was engendered by my movie date with a high school sweetheart, Melanie Menaugh. On our date, we saw the movie The Taming of the Shrew. I sat and watched her eat popcorn as she watched the movie. Today, I characterize the moment of study as learning to cope with Melanie’s innocence. This experience would introduce me to another yet to come: learning to cope with Diane’s innocence. Thus, the intellectuals’ informal information signal “popcorn” was born; implicating the notion of coping with innocence. One must learn to so cope when the beauty of the innocence drives you to your knees and makes you pound the ground for mercy. Keep reading. 280

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camera seemed to focus on her right hip. “What an ass,” I thought! It was such a hot butt I counseled myself how it looked like Officer Carter’s hot butt. Then it made me wonder, “Did they transpose Diane’s butt onto this woman in the final cut of this commercial?” It wasn’t too long after I eagerly awaited these Alltel commercials to replay that I learned who this beautiful blonde woman was; and, it is no wonder I concluded she could sing. You probably know it was Faith Hill. Faith would become my favorite singer. I just can’t tell you if it is because of these commercials and their tell-tale implication, her voice, or both. We will hear more about Faith Hill among these pages. Keep reading. When I was transferred from The Walls to the Santa Rita Unit for the Christmas 2000 holidays, I was given a Playboy magazine to peruse. It foretold Playboy’s February 2001 Playmate would be the beautiful Lauren Michelle Hill. “Another, Hill babe,” I thought to myself. Then, I looked at the photo closer. Lauren’s backside was the target of my discernment. “Is that Diane’s ass?” I asked incredulously and rhetorically. I looked closer. Remember Grace and Elegance and Diane’s sexy butt from recounting the story of March 14, 1997? The scientific explanation is that women make available the all important mating signal to the man of their choice by revealing their ova, set to his reproductive “electric” frequency, by allowing him to see same through her butt. Ergo, I believe I saw Diane’s butt on Lauren Michelle Hill in that photo. This happened only a short time after I believe I had seen Diane’s butt on Faith Hill in an Alltel commercial. It could be my eyes playing tricks; after all I was ripped away from her against my will. However, remember the primary objective: Messianic definition. If the secret lied in his appreciation of her ass, then let it be. As it turns out, they were almost right. The secret wasn’t

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what he saw in her ass, but what he took from it and gave to the Ages that fateful Friday morning. Once I was situated back in minimum security custody on the Steiner Blue yard at the Lewis Complex in Buckeye, I visited the prison yard library one day to find something interesting to read. By that time, I was looking for informal information signals in magazines; having been trained to do so by Diane transpositions already past. I believe I found another one that day, in a People magazine. The photo was one of the beautiful Michelle Pfeiffer. I had always loved Michelle since her sultry Fabulous Baker Boys performance. Who wouldn’t have the hots for her in that red dress, sexily sprawled out atop the grand piano? The photo of Michelle in the People magazine that day stopped me dead in my tracks; I was looking into Officer Carter’s iron-will-of-faith eyes again; I would know them anywhere. This time, I saw only beauty. Babe Game Notables – The Faith Hill and Elle McPherson Scripture Interpretations I usurped license to borrow some of the Babe Game participants. The primary trilogy was the Diane-Faith Hill-Elle McPherson trilogy. Listen, if you’re going to usurp Babe images to depict scripture’s impossibility-resolved social choice theory model, I ask you, is there a better trilogy to employ? First, I kept Diane atop the Book of Genesis until I was forced to recognize I hid here there when I discerned the Sacred Feminine’s hiding spot at Thanksgiving 2005. Once found, she fevered my imagination once again. Let’s just leave it at that. The other thing you have to realize is that the scripture writers concluded the male discerns the will of God from the music of a woman’s womb: the Sacred Feminine derivative’s purpose in impossibility-resolved social choice theory space’s hierarchical structure ordered

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regression. As 2001 unfolded and the Babe Game ensued, my practice was to interpret a particular scripture passage in favor of loving a particular woman in the presence of God. I saved Faith Hill for a particular passage: the Genesis Creation Sequence. I knew I had to go there; the “In the Beginning” business and all that. I wanted to take someone special to that interpretation; to hold dear in my mind’s eye while laboring the interpretation. I chose Faith. Interestingly, I discovered the social choice theory hierarchical structure loving her there. I would also later define Grace and Elegance there. As I look back on it today, given the mountain of scripture research now accomplished, I know why I took Faith there. It was the music. It is in regression where you hear the music of a woman’s womb; much like I heard Diane’s music the morning of March 14, 1997. I loved listening to Faith’s songs during this period, particularly her older songs. I always noted the frequency of her voice was similar to Diane’s, too. In 2001 Faith recorded her Cry CD. I badgered my Mother to get it sent into me as soon as possible. The songs were all beautiful. I couldn’t believe one particular song, it was titled Free. She sang it on the Today show that winter, wearing a navy blue overcoat and black gloves to keep her warm. The lyrics are about a Ph.D. in prison, banging out those “words of wisdom.” Grace and Elegance had been born the year before; the veritable “words of wisdom.” Faith Hill had sung a song about me; I was convinced. Faith is a small town girl from Star, Mississippi, by her own confession. I have a strange déjà vu experience to share. In October 1975, Elaine and I traveled with Hollis Dixon and his wife, Peggy, from New Orleans, Louisiana, to Memphis, Tennessee. Hollis was giving estate planning lectures in both cities. We traveled in Hollis’s station wagon. Our route took us through Jackson, Mississippi. As we left Jackson behind us, heading north to Memphis, I turned

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around and looked at the Jackson skyline. Something familiar was holding my attention there. I didn’t know what it was. I had never been to Jackson before or since. Later in life, I passed through Nashville, Tennessee. I hadn’t been to Nashville before or since. I only passed through the airport. It had to be in the early to mid-1980s. My maternal grandmother had always wanted to go to Nashville. I don’t know whether it was Murf or something else making me take pause about Nashville. Or was it the eeriness of Faith Hill arriving or foretelling? In response to Faith singing that song about me, I took my favorite Faith Hill song, Let Me Let Go, and interpreted it in scripture.

I evidenced it in the scripture research then

accomplished. I found the song to sound extremely well in Psalm 51; where David prays for a renewed spirit. I mailed it to Faith but never received a reply. My earliest impression of loving a woman in the presence of God came from my First Communion in spring 1957. I took the sacrament at the St. Joseph’s Catholic Church in Rock Island, Illinois. In practicing for First Communion and the walk up the aisle, the boys were sat to one side of the church, the girls to the other. Then, boys and girls were paired up for the walk down the aisle to the altar to receive the sacrament. Of course, the boys waited with anticipation to learn which girl they were matched up with; the fate of the alphabet the determinant. The girl paired with me for First Communion, I learned, was not from my school. She was among the girls from a local all-girls catholic school.281 Unquestionably, she was the most beautiful girl in the First Communion.

There is a God!!!

Randall was paired for First

Communion with the most beautiful girl in the place.

281

I don’t remember her name. However, the informal information signals convey it was “Beth Kelly.”

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First Communion Sunday arrived in May 1957. Both girls and boys were dressed in traditional white. As the young lady and I walked side by side toward the altar to receive our first communion host, I can’t remember what was most important; walking with her or making this first sacrament in the Catholic Church. However, the ensuing experience is one I haven’t forgotten in over fifty years. As she and I knelt side by side and tilted our heads back, the white altar lights blinded my eyes; even closed, my brain continued to be filled with white. It was a Divine experience; the beauty of her next to me both obvious and foretelling the beauty of the innocence of love in the presence of God. She was inextricably in my soul as I received that first Sacrament; Divine remains the experience of her in my mind’s eye. As this moment was forced to be relived during the Babe Game, I recognized the “smell” of the girl’s “soul.” I watched that year’s Miss Universe pageant. It was hosted by Elle McPherson and Naomi Campbell.282 The smell of that girl’s soul in my mind’s eye was Elle McPherson’s soul; unmistakably.283 “Déjà vu?” I ask. The Miss Universe pageant took place in spring 2001; I would save my Elle McPherson image for Thanksgiving 2001, the time I defined Grace and Elegance. I interpreted Elle this way in the setting of interpreting Faith in the Genesis Creation Sequence, the first place the Sacred Feminine devolves. That is, I transformed the interpretation from Faith’s ordered regressive position to Elle’s unordered progressive position. When the world sees my notes as this interpretation unfolded, it is clear I defined Grace and Elegance in progression. That is, I used Elle McPherson’s sexy ass for the perception of 282

The name Elle McPherson also implicates the correction showing legislated by Grace and Elegance. It is captured in the story of the birth of Ishmael; scripture’s first son to fear. I first ferreted Grace and Elegance in scripture’s hierarchical structure where Camps are progression’s primary socio-economic entity. Isn’t that funny; Naomi Campbell. The Miss Universe pageant; those wily Supreme Court intellectuals. 283

In Divine reincarnation, I suspect, I had just concluded a life shared with the spirit of the girl from down

under.

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knocking up Diane in the presence of God. I wrote Elle prayers, beatitudes, and Haikus that all sound in Divinely-inspired sexual intercourse: Intercourse between a world famous swimsuit model and little ole Randall-Pandall from Tucson, Arizona.284 It’s a tough job. Since my release from incarceration in October 2004, Elle has participated in delivering other informal information signals. First, recall the fall 2008 informal information signal already shared above. Second, I espied her on a cable TV channel promoting her lingerie business. The host’s name was Isaac, implicating scripture. information signals.

I watched in earnest for tell-tale informal

Elle had invisible-like mannequins wearing sexy bra and panty

combinations. The last one was most interesting; it had Diane’s body imprint in it. It was as if Diane had surely worn that bra and panty set; leaving behind her essence for my inebriation. Finally, I was recently surfing photos of Elle on the net; inspired by informal information signals to do so. I found photos taken of her attending the Quantum of Solace premiere. She was wearing a tight-fitting purple gown. Purple is the metaphorical color for wine. It was known I had written Diane walked toward me as “the wine” on the morning of March 14, 1997 and walked away the “Sacred Feminine;” an informal information signal implication. The other thing I noticed about Elle is that she had her left hand on her hip. 285 For the entire year preceding, the informal information signals propounded about Diane is that she has a tendency to place her right hand on her hip, particularly when she dances. That is, Elle was modeling True Love Ways for me; a modeling quid pro quo to be sure.

284

“Randall-Pandall” is among my Mother’s loving nicknames for yours truly.

285

This photo is available at http://www.aceshowbiz.com/events/Quantum%20of%20Solace/SPX-

025427.html

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My first post-incarceration girlfriend, DarLyne Clemens,286 would place her left hand on her hip while dancing. It took me awhile to figure it out; but, now I translate the hand-on-the-hip informal information signal from women with whom I dance as reporting they know the “Legend of Charlotte Johnson” – Charlotte’s tell-tale message as she points to her own hip; the place where Grace and Elegance once resided. Keep reading.

DarLyne’s name itself is a Diane metaphor. I used to sing the song in lock-down about Diane, “Oh, my Darling, oh my Darling, oh my Darling Clementine, you are lost and gone forever … .” 286

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Chapter 27 Days of Innocence Revealed This may be the most difficult chapter for me to write in this book. Here, I will do my best to document the facts and circumstances, as I have come to learn them, which caused Officer Carter to come to the South Unit facility. As you can probably deduce by now, I learned these facts and circumstances through informal information signals propounded. You would think if you had walked my walk and lost all that I had lost to the corruption in the JNC litigation I would have become fairly tough; able to handle most challenges to the core of my existence. I would have thought the same thing. However, no matter the crosses born or the burdens worn, no matter how strong you are in physical composition or how tough your character has become by life’s experiences; nothing, absolutely nothing can prepare you for the day realizing the innocence of a woman arriving to bring you the love of God. I will do my best to tread this ground reverent in her fragrance yet reminiscent.

The Radio Station Informal Information Signals Following my transfer to the Arizona State Prison—Eyman, Meadows Unit on March 21, 1997, my letters to Diane commenced with unrestrained earnest. At the same time, I first realized informal information signals by and through a given radio station that would develop into signals across time and across several radio stations at the same time. I still remember the first song I recognized as an informal information signal in regards to Charlotte. It seemed to commemorate the first time my eyes met hers in the South Unit Officers’ Dining Room. I was listening to 94.5 KOOL FM in Phoenix, Arizona on my Sony radio as I lay atop my Meadows Unit bunk. It had to be circa May 1997.

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I was writing Diane a letter. I was recounting the day she first walked into the Officers’ Dining Room; seemingly nonchalant with her girlfriend in tow. I was standing at the sink with my back to the entry door. As the door opened, instinctively I turned to see who was walking in. Her frame had just cleared the entry when I muttered to myself, “Whoa! There’s a pretty woman.” Thereupon, I feigned duty calling to visit her table and look in her eyes. I thought I was in control of the moment. I was wrong. As I wrote these words, KOOL FM played Doris Troy’s tune, Just One Look. I looked at the radio and rhetorically exclaimed, “What? It couldn’t be.” “A new form of informal information signal?” I asked myself. Indeed, it was. Today as I look back, it is probably the case that the Supreme Court had directed the use of such radio station music informal information signals and I just didn’t hear them. That will be your challenge when you leave these pages today, armed with direct knowledge transference that your favorite radio station will be playing music amounting to informal information signals about Charlotte, me, and whatever’s going on with the Supervisory Powers Court. After all, this hasn’t happened in history before. I will try to help you with some clues in this chapter. I can only suggest you listen with your heart. I am sure you will hear the Legend of Charlotte Johnson; the Gospel Truth Unchanging; and the story how all our sons lives were not really lost in vain. While in prison, I tried to listen to as many different radio stations as I could to see if they were playing informal information signal songs. They were. I listened to KOMA AM out of Oklahoma City; quite a distance from a boy incarcerated in the state of Arizona. They played the songs. Since I came home from prison in October 2004, I have visited San Francisco, Washington, D.C., Philadelphia, New York, the Boston area, Seattle, and of course, Phoenix. I

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find the oldies station. When I arrive I get informal information signals that acknowledge “Spooky” is in town. That’s one of my codenames; taken from the Classics IV hit. Then, when I leave town, they say good-bye the same way. They all play Charlotte’s music, too. They probably know the Legend of Charlotte Johnson. As you listen with a renewed understanding to your favorite radio station, you will hear it too. After I heard that first radio station informal information signal around May 1997, I became really excited. I wanted to hear more; as if she were writing me letters. And, god damn it, if they didn’t play Charlotte music for me, I’d cuss them out, wouldn’t listen to them, and change the station. I wanted to hear only about her.

Her Birthday You know as well as I do that when you fall in love with a girl or are at least strongly attracted to her existence you want to learn all you can about her. As spring 1997 turned into summer 1997, I continued to write Diane letters and cards. I was taught by one of the Chief Justice’s henchmen about the Japanese poem structure, the Haiku. I wrote her Haiku after Haiku. I usurped license to write her prayers; and then Beatitudes.287 At this point, I was still in the “Save Me Jesus!” mode; God hadn’t asked me yet, “Why don’t you just write her the truth if you want to love her in My presence?” That real surrender wouldn’t arrive for nearly another year and a half. But, I wanted her; I went to bible study and I went to services. Whenever one group or another came onto the prison yard to host a weekend’s religious studies seminar, I was there. I was going to show her I could talk that talk and I was

287

In the course of undertaking the scripture research described in this book, I came to the conclusion the New Testament’s Beatitudes are the regressive equivalent to the Old Testament’s progressive Ten Commandments.

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willing to walk that walk. I was going to leave all my cheatin’, connivin’, lyin’-ass ways behind; just for her. As August 1997 came around, it was more or less business as usual. First, I had been introduced to the notion the Court, and I mean the Supreme Court of the United States, celebrated my “Birthday” on August 4th; and does so every year yet today. It was the day I ran to call the court-appointed lawyer on the prison yard telephone; blurting out that string of stuff I conveniently wrap together and call “The Catharsis.” So, as would become the tradition, it was Happy Birthday day, on that August 4th. It is also the day that began the cascading dominoes of one corrupt public official’s conviction after another; after all, it wouldn’t be long thereafter the Court’s prosecutors were armed with what they needed to begin correcting illegal conduct in the courts. As it turns out, that wouldn’t be the only birthday I would be introduced to in August 1997. I was listening to Tom Peak’s radio show on KOOL FM, 94.5 as I lay on my Meadows Unit bunk. His show straddled the noon hour when the radio station hosted a program where listeners could call in and request their favorite oldie “for lunch.” The day was August 12, 1997. A woman called in and said it was her friend’s birthday. Tom asked something like, “What is her name and how old is she?”288 The lady on the phone replied, “Her name is Diane and she just turned twenty-two.” I just about shit my pants.

288

My high school drama teacher, Ms. Kincaid, is among the women I met in my life who, in hind sight, implicate Diane’s presence. Ms. Kincaid was a beautiful blonde; she always wore her hair up in a French bun. Her naked neck descending to a slightly revealed chest was like art. She was always elegantly dressed; quintessentially soignée. It is in this regard Diane and Ms. Kincaid are cast from the same stone. The eager senior in high school that I was, one day I boldly asked Ms. Kincaid, “How old are you?” I was confidently thinking my first base strategy. She quickly retorted something like this, “Learn this lesson: Never ask a lady her age.” I haven’t forgotten Ms. Kincaid’s forty year old lesson. Indeed, it is the first thing that came to mind when Tom Peak asked the caller her friend’s age.

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During the time I was on the South Unit yard, I had a conversation with another “inmate” on my run about the persuasive Officer Carter. I asked if he knew whether she was married. He advised he thought she was single. I don’t recall exactly how I iterated to the idea she had had children from a prior marriage. My earliest letters to her suggest “her children” would probably love the Tanque Verde School District in Tucson. That is, I wrote to her about her children in letters before I realized the true nature of Grace and Elegance. Later, upon realizing the truth about Grace and Elegance, I came to wonder whether I thought she had had children because of her mating showing. It seemed not to be totally coincidental. Now, I was learning Diane had just turned 22. I quickly searched her face in my mind’s eye; enquiring whether same could be true. I grant you she was substantially younger than me; but that information, informal or otherwise, placed her 25 years younger than me.

I was

incredulous. Not because of her age or the difference in age between us. Rather, I was incredulous because that meant she was only twenty-one when she stood toe-to-toe with me on March 14, 1997. I’m not really snobbish. But, let’s face the facts here. I have a Ph.D. I’ve made millions and lost millions. I have fought in many great wars; won a few skirmishes and lost most major battles. Now I’m finding out a young woman, twenty-one years of age, stood toe-to-toe with me, looked me in the eye, and subcutaneously injected herself into my existence. This woman had nerves of steel. It could only come with an overwhelming sense of maturity. These are the thoughts I had when I learned this information.

August 12th became a day I have since

celebrated. That same day, I went to an inmate I knew drew cards and asked him for a card. I told him I had just learned it was Diane’s birthday. He then said something to me along the lines, “It

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might not be her exact birthday, but it’s close enough.” Nonetheless, I have continued to celebrate her birthday on August 12th; that is, every August 12th since August 12, 1997. Having made a few million and having been married to three different wives, I always celebrated my wife’s birthday. In my marriage to Stacia, she taught me to not just throw money at a birthday gift for her, but to invest time and effort in finding the right gift that says as much. Now, the girl I fancy is somewhere unknown to me and I’m in prison. I am sequestered with invisible chains I cannot break. There is no money to spend on Diane to celebrate her birthday; no gifts to buy her. Even if I could buy a gift for her, where would I send it? So, I did the only thing I could do, I wrote her a card with a prayer in it, a Haiku, and maybe some romantic verbiage or the like. The point is I was forced to give her more of my heart. Over the years, I have given more and more of my heart to her. But, as I write this chapter at the end of January 2009, I have to confess. I don’t know what I’m going to get her for her birthday this year. As I undertook the scripture research in January 1999, my birthday gifts to Diane have evolved. Every year I carry a burden. What am I going to give her in the scripture research for her birthday this year? In the litany of birthday gifts since transpired, how is this year’s gift going to measure up? How will it tell her my love for her is growing if the scripture research gift doesn’t surpass last year’s scripture research gift? I have to confess; I may have painted myself into a corner. In August 2007, Bob and Lois (my parents), my sister Cyndee, and my then three-year old nephew Keigan traveled to visit Bobby’s daughter’s family in the Seattle area. We left Tucson on August 5, 2007 and planned to stay a week. That’s right; you figured it out. We were flying back to Tucson on August 12, 2007; what would be Diane’s 32nd birthday. We were

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sitting on our Alaska Airlines flight; our seats near the rear lavatory. The plane pulled away from the jet-way and began to taxi out of the gate area toward the runway. Before we got to the active runway, the pilot came on the intercom and advised some maintenance and repair was required and we would be returning to the gate. Ask yourself, “Is there an informal information signal in there?” At the time, I was writing my paper titled The Apostle Table. To make a long story short, while in prison, I had deciphered the Matthew 10:1-4 listing of the twelve apostles by name actually point to encrypted passages in Matthew Chapters 8 and 9 where the twelve disciples are characterized with various infirmities.289 It’s pretty cool. Due to length, the paper is now trifurcated. I had my New American Standard Bible in my briefcase in case I had an inspirational moment on the trip; it had become my scripture interpretation bible of choice. I didn’t stop and think, “There’s an informal information signal, and I’d better pull out my bible and give her a scripture interpretation birthday present.” I just did it. Having been trained to respond to informal information signals for so many years, the response was spontaneous; not requiring cognitive thought. From the time I pulled my bible out of my briefcase until the plane turned again from the jet way to the active runway couldn’t have been more than fifteen minutes. That’s how fast I was in delivering a birthday present on August 12, 2007 for the beauty of loving Diane in the presence of God. Here’s what happened.

289 During the Babe Game, this interpretation originally arose in loving the pop singer Britney Spears in the presence of God. Britney was wearing white in a television broadcast one day and I noticed she reminded me of the Divine Officer Carter on that heated morning of February 11, 1997. Particularly, Britney’s sexy butt reminded me of Diane’s sexy butt. I was inspired and The Apostle Table interpretation ensued. Later, as Britney incurred problems in dealing with her life I was empathetic and very glad to observe she was rising above those difficulties.

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Since I was working on The Apostle Table paper, I flipped the bible open to Matthew Chapters 8, 9, and the first four verses of Chapter 10; my eyes searching for a scripture “biggie.” I mean, “God damn it, they turned this plane around on a faux excuse of needing repair until I delivered a meaningful message.” Immediately, my eyes focused on a character depicted in one verse: Matthew 9:38’s Lord of the Harvest.290 Intuitively, I was inspired to understand the Deity reference here. “Why would a Deity reign over a harvest?” I intuitively asked myself. Without cognitive thought and as if the deliverance came from my soul, I looked at the organization of the disciples encrypted in Matthew Chapters 8 and 9. I trifurcated the twelve disciples into three groups; allocating four disciples to each group. I drew one vertical line for a non-brother disciple, and two lines for brother-disciples; the two lines closer in proximity to one another than the single lines separated. My scratch paper showed this illustration:

| | | |

|| | |

| || |

(a)

(b)

(c)

You just met the Lord of the Harvest. I explain the meaning of the Lord of the Harvest in The Apostle Table – Part I.291 However, I will give you a short-handed explanation and why it sounds in a significant birthday present for Diane. Scripture’s Primary Deity is I Am. That Deity derives from ordered relations theory space and sits atop the Book of Genesis, combined with the Sacred Feminine. Ordered relations 290

"Therefore beseech the Lord of the harvest to send out workers into His harvest."

291

The paper may be found at this URL: http://www.randall-cv.net/The%20Apostle%20TablePart%20I.pdf.

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theory sets the contextual exogenous pressures that shape social choice theory’s endogenous response. In short, I Am is the continuum Deity. That’s why He is invisible in scripture. The quaternary Deity regression is characterized as I Am: God: Lord God: Lord. The continuum appears as follows:

Level 1 2 3 4 5 6 7 8 9 10 11 12 13

The Quaternary Order Deity Regression Continuum n n+1 n+2 n+3 (I Am)n (God)n (Lord God)n (Lord)n

(I Am)n+1 (God)n+1 (Lord God)n+1 (Lord)n+1

(I Am)n+2 (God)n+2 (Lord God)n+2 (Lord)n+2

(I Am)n+3 (God)n+3 (Lord God)n+3 (Lord)n+3

The foregoing Deity regression continuum sounds in social choice theory space inasmuch as it is hierarchically structured. However, I Am derives from ordered relations theory space where the geometric progression is merely linear. So by collapsing the Deity regression continuum into a linear function, I Am becomes invisible in scripture. He is depicted in the hierarchical regression as coextensive with the quaternary Deity, the Lord. So, in the collapsed Deity regression continuum, you only observe the Lord, to wit:

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The Collapsed Regression Continuum Deity Order n…n+3 Level 1 2 3 4 5 6 7 8 9 10 11 12

(God)n (Lord God)n (Lord)n (God)n+1 (Lord God)n+1 (Lord)n+1 (God)n+2 (Lord God)n+2 (Lord)n+2 (God)n+3 (Lord God)n+3 (Lord)n+3

The Book of Isaiah, 12:1-4, illustrates the [Lord (invisible or implicit I Am): God: Lord God: Lord] collapsed regression continuum Deity order, to wit: Isaiah 12

Thanksgiving Expressed 1Then

you will say on that day, "I will give thanks to You, O LORD; For although You were angry with me, Your anger is turned away, And You comfort me. 2"Behold, God is my salvation, I will trust and not be afraid; For the LORD GOD is my strength and song, And He has become my salvation." 3Therefore you will joyously draw water From the springs of salvation. 4And in that day you will say, "Give thanks to the LORD, call on His name Make known His deeds among the peoples; Make them remember that His name is exalted."

(Emphasis added.) Observe the Lord: God: Lord God: Lord regression in the foregoing passage. So when scripture refers to “the Lord” it is necessary to deduce whether the verse or passage implicates the quaternary Deity, the Lord; or, the Primary Deity, I Am. If I Am is implicated, then it is more likely than not the verse or passage implicates continuum exogenous pressures, as is the case in the construction of the Lord of the Harvest’s presence in Matthew Chapter 9. As my paper - 424 -

explains, the Lord of the Harvest sets the exogenous pressures foreclosing progression until the tenets of the Christ function are fulfilled. I suspect I Am fulfills another function as the continuum Deity. He propounds correction showings. Also and because He is scripture’s hidden Deity, I Am descends into scripture in various places and assumes an identity in the flesh to preside over the promulgation of correction showings. Correction showings indicate a divergence from the will of God. In a matter of a few minutes I deciphered the nature of the Lord of the Harvest for Diane’s 2007 birthday.

The Lord of the Harvest decipherment is significant in our love

relationship in the presence of God inasmuch as our love sounds in the combined love of the Sacred Feminine and I Am. She gave birth to Grace and Elegance; the birth will be shortly explained. I walked a walk of correction showing; after all, that’s what this book is all about. That is, our love has been ordained as ageless in the shadow of the Mountain. I knew I hit the ball out of the park in record time; a birthday present delivered. I closed my bible in conclusive determination. Immediately, the Alaska Airlines captain announced over the loudspeaker, “Ladies and Gentlemen, maintenance has resolved our problem; we will now be heading back to the runway for takeoff.” I told you; her birthday present was Divinely delivered. Of course, the brilliance of the Lord of the Harvest decipherment comes not without a price. That price haunted me since August 12, 2007. As I patted myself on the back for accomplishing a stellar birthday present straight from my heart to hers a nagging thought resided in the back of my mind: “What am I going to do for her birthday next year?” When you love a woman in the presence of God it is your duty, one legislated by the Divine, to progress that love in His will. In my rudimentary way of thinking, I translate that to mean I must “one-up” my perennial birthday presents for the loveliness of her. But, hey, how do

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you one-up the Lord of the Harvest? As August 12, 2008 continued to creep closer, this duty in loving devotion continued to follow me; every step I took. It is so much easier to buy a gift. Well, I didn’t have a clue where to go in scripture to one-up her Lord of the Harvest 2007 birthday present. However, I always knew I wanted to go back to the Genesis Creation Sequence and interpret it again; interpret it against all the research progress accomplished since I had taken Faith Hill there in 2001. August 12, 2008 came and went; no birthday present. Sure, I was making progress. I had deciphered many of the creation days as I had never done before; all sounding in the wisdom of the Gospel Truth Unchanging. And then I found it. I found her 2008 birthday present; just a little late, Darling; but here it is: The God depicted in the Genesis Creation Sequence is a woman. Yes, you read that right; when God said, “Let there be light,” He did it in a woman’s voice. Let me explain how I concluded this brilliant observation. First, you have to understand what created ordered relations theory space. I call it the Antithetical-Primary Population General Impossibility Theorem. I explain this theorem in my paper titled Ordered Conflict Resolution.292 This paper explains Grace and Elegance; an explanation presented here in a forthcoming chapter. I Am metaphorically represents the theorem. It is a proof of impossibility-plagued social choice theory; a proof on a basis different than Professor Arrow’s famous general impossibility theorem. Against I Am’s general impossibility theorem; the Sacred Feminine gives birth to two axioms that save social choice theory’s impossibility-resolution. You guessed it; those two axioms are metaphorically named Grace and Elegance in my love for Diane in the presence of God.

292

The paper may be found at this URL: http://www.randall-cv.net/OCR-JPET.pdf.

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The important point is that I Am, the male Deity, implicates theory; while the female Deity, the Sacred Feminine, implicates axioms. The combined (I Am, Sacred Feminine) Deity presence defines the Deity ordered context. The regression into Deity unordered context, where the familiar (God: Lord God: Lord) regression resides is accomplished by either theory or axioms.

That is, in the unordered context, the Deities are either axiomatically female or

theoretically male. The first thing God does in Genesis Chapter 1 is to figure out whether He is a theorybased male or an axiom-based female. In Genesis 1:2, God traverses the extant Deity regression and peeks across to the continuum regression and learns that regression is theory-based male unordered context. Verse 2 implicates as much by metaphorically referencing water; scripture’s correction showing metaphor. Correction showings are theory-based. Because God figures out He is a woman; the balance of the Genesis Creation Sequence sounds in axiomatic teachings. My above-referenced work-in-process paper details as much. Indeed, Grace and Elegance show up in the Fourth Day of creation; metaphorically implicated by the lesser and greater lights. Once I knew the Genesis Creation Sequence God was, indeed, a female Deity, I knew I had accomplished Diane’s 2008 birthday present. As I write this book in January 2009, I can assure you of thing: I am already thinking about August 12, 2009. The only question I have is this: “How in the world am I going to one-up the GCS God is a woman?” Stay tuned.

Having learnt on August 12, 1997 that Diane was only 21 when we stood toe-to-toe on March 14, 1997, I contemplated the significance of the information. The news began to sink in and raised more questions than it answered. If she was only 21, was she really previously

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married? If so, did she really have any children from that prior marriage? What led her to the South Unit to meet me? Those who promulgate the informal information signals must have known I was thinking these thoughts. They answered the questions. Keep reading.

Devotion Afar Following her August 12, 1997 birthday, the informal information signals rained steadily; telling a story, today, I have come to call “The Legend of Charlotte Johnson.” The story conveyed by the downpour goes something like this. First, you have to know when you are charged with 375 felonies no one but your Mother stands by you; she doesn’t have any choice, owing to nature’s inimitable forces. Don’t get me wrong here. I don’t blame Stacia for not wanting to become further embroiled, it wasn’t her fight. It was mine and mine alone. God bless her for the courage she evinced and the inspiration she devoted to encourage me to move forward in the fight as I did. Her dreams were to have a family, once properly married. Due to my Supreme Court conscription, I would be unable to give that to her as her child-bearing years were then numbered on the short side of life. I can tell you this, however. When you are embroiled in the kind of war in which I had become enmeshed, your Mother’s love, devoted as it may be, isn’t complete. The challenge is to your soul, the very heart of your existence. Only a woman so intimate to your existence can soothe the misery; dispense with the pain with the touch of a hand, the warmth of her breasts, the quiet solitude of her kisses. I desperately searched for this panacea upon separating myself from Stacia in summer 1993 following the time she caved into the punk-ass Howard Fell and the Pima County Attorney. This must have been a behavior transparent to the Supreme Court and Ninth Circuit as they watched me progress my own walk. There was no relief from the demands of this inadequacy in my life. - 428 -

My relationship with Divine Presence wasn’t as facial as it is today. I don’t consider myself a religious sort; I tend to challenge God rather than sheepishly accept His commands. And, I surely don’t follow any religious organization’s mandate for a proper code of conduct. I live and die by my own sword. More death than life; deaths that are painful time and again. Only those alive in a true faith could discern my walk with the Almighty; irreverent as I can sometimes be. As the informal information signals continued, I came to imagine how Diane first learned about me and how it influenced her life’s choices. I envisioned a young girl sitting at a dining table, perhaps a Sunday afternoon family meal.

Those having some knowledge about the

Supreme Court’s historic exercise of supervisory jurisdiction, my unique status as a ward of that jurisdiction, and the walk then unfolding must have been so aware of my personal losses experienced with every step. No matter their price, I always took the next step. I imagined the story conveyed with such passion a beautiful young woman took it upon herself, in the quiet solitude of her own soul, to adopt the cause of the intimacy the warrior required. The best I can figure is that she was in her mid to late teens when she first learned about me. Her certain innocence before God made her ripe for His choosing to fulfill this destiny: a devoted cause, even if only from afar. How else would young beauty be possessed by the maturity of such intimacy bred? Based on the continuing legislation of informal information signals following August 12, 1997, I came to believe the young girl, maturing in beauty and transparently devoted in faith, must have maintained a litany of prayers intended to support and guide me in the walk described in these pages. One prayer certainly led to another; God unequivocally encouraging her walk. Perhaps it was her destiny at the outset of her learning; perhaps it was built one prayer at a time;

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but, one thing developed for sure: Love. A young, beautiful woman fell in love with a beleaguered sort some miles away. I imagined she grew up somewhere in California; that’s only an informal information signal guess. Day after day, she wanted more information: “What’s going on?” I imagined her asking. “Can I watch?” A question begging on those days where supervisory jurisdiction’s hidden cameras captured my doings. She had to be surrounded by the energy of youth; but lived a cause cast in a war transpiring. She gave her own beauty, her body and soul, her very innocence to this cause; determined she would fill the shoes of intimacy theretobefore unrequited against the demands of a cause she probably knew more about than I at the time. As I learned this, I would shake my head, “No!” I would rant and rave at the fucking idiot who talked out of school in front of youthful ears that had to be unschooled in life’s wars. “Loose lips sink ships!” The very mantra of top secret operations I learned as a Russian linguist in intelligence matters controlled by the National Security Agency. “Who could do this to her?” “Wasn’t it foreseeable she would give her life away?” The realization of her innocence given to me from afar, patient in understanding, determined in outcome, only made it harder to accept. There is nothing that goes to the core of a man’s existence than the innocence and beauty of a woman’s love. It is beyond emotion. The very fragrance of it drives you to your knees as unworthy to receive it; it makes you pound the ground for mercy. “Where is relief now?” you are forced to ask. There is no accounting of this realization that does not wrench my heart, my soul, and flood my eyes with tears. When this is comprehended, if I have done the story justice, it becomes clear why she came to South Unit to visit me. She had to find out; she had to stand toe-to-toe and find out if it

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was her intimacy. God answered her prayer: Grace and Elegance now forever reside in Majesty. Come, you are invited to learn about them in the scripture research chapters now unfolding. They belong to the Innocence of the Ages; a gift from the Lord God Almighty. Their Mother ordained their existence long before she arrived on a prison yard in the middle of the Arizona desert, all from the innocence of her beautiful loving heart.

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Chapter 28 The Instructions When I first started going to bible studies and nondenominational protestant services while South Unit incarcerated my brother, Michael, sent me a gift: an NIV Study Bible. I carted the bible to both services every week. When not in use, I kept the bible in the original box in which it had come. Thereafter, on March 13, 1997, I received the Instructions from those three black dudes in the South Unit Officers’ Dining Room while telling them about a girl I wanted to marry. No one mentioned her by name, but we all knew who she was. 293 I folded the Instructions in half and neatly placed them under the bible in its storage box. I continued to believe I would be going home any day; after all, how long could it take them to bust the bad guys in my case? Accordingly, I always thought Diane and I would study them together; you know, sitting side by side and discussing their meaning as we progressed. However, life doesn’t always turn out as you intend for it to turn out or as you planned it to happen. There would come a day when I determined I had no idea when I would be going home; if at all, prior to the time according to my sentence.

Habeas Corpus Preempted by Supervisory Jurisdiction By summer 1998, I had presented my habeas corpus claims to the United States District Court and the United States Court of Appeals for the Ninth Circuit; all to no avail. I was somewhat stymied. “Why did they uncork me, introduce me to the beautiful blonde babe at South Unit, and then not let me go home?” I continued to ponder this question for some time. However, it would not be until I was on the Winslow prison’s Coronado Unit in January 2000 293

After I got in hot water for going to see the beautiful Officer Carter on the morning of March 14, 1997, the black dudes denied the truth and said, “We didn’t know you were going to go see a cop.”

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through April 2000 that I figured out that I had become a ward of the supervisory jurisdiction of the Supreme Court of the United States; which led me to understand any other jurisdiction in any other court, including the Supreme Court, was preempted by the Court’s undertaking to correct illegal conduct in the nation’s courts. I didn’t understand this in summer 1998, when I believed I was only a stone’s throw from Diane and a stone’s throw from going home to find her again. However, events transpired in summer and fall 1998 that amounted to accumulated education for learning my unique status as a ward of the Supreme Court’s supervisory jurisdiction.294 By now, you have probably concluded I wasn’t in prison with real convicts. I was surrounded by the Chief Justice’s henchmen; bound together in our willingness to follow him into war anywhere under any conditions. Some were a rough and ready sort; probably looking at me and wondering, “What the hell does she see in him?”

“I know fellas, life isn’t fair

sometimes,” my quiet retort. The fellas exercised a ritual along about late May or early June 1998: A work stoppage on the Meadows Unit. As a result, we were all locked down. Of course, I resorted to informal information signals to ferret my obligation under the circumstances. My Houston, Texas friend Ken Lehrer and his wife Dean had sent me a Brother typewriter when I was first incarcerated on the Mohave Unit. It was the very typewriter used in typing my first post-Catharsis brief detailing the information content of the Exit Interviews; a detailing by deduction alone. Now, as we enjoyed the plethora of sack lunches that usually accommodate prison lock-downs, I again resorted to the Lehrer-donated Brother typewriter. This time, I would write a brief in proper person; a Petition for Writ of Habeas Corpus to be filed 294 In March or April 1996, the Ninth Circuit found me to be an abusive litigant and required it pre-approve any filings made in that court. It was an informal information signal conveying the idea I was safer in prison; and, not on the streets while the courts were cleaning up the corruption. My incarceration wasn’t so much imprisonment as it was sequestration.

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in the Supreme Court of the United States.295 I also separately filed a motion to produce the Exit Interviews allegedly secured in the Ninth Circuit record as a result of its decision in Admiral v. U.S. District Court, supra. The Supreme Court’s Clerk never let me file this motion; I was pissed. The actual content of the Exit Interviews compared to my theory of same would surely garner an evidentiary hearing on my habeas corpus claims; leading to a day soon thereafter when I would go home. As I finished the brief and readied same for mailing to the Clerk of the Supreme Court in Washington, D.C., miraculously, the work-stoppage came to an end. We were allowed back on the prison yard again; I could resume my current devotion to Lady Diane: Running. I hadn’t yet begun the scripture research by her inspiration. The work stoppage was all about inducing Randall-Pandall to file said brief. It was time for me to go to the Supreme Court of the United States. Would I be going home soon? Not. On October 5, 1998, the Supreme Court of the United States entered its Order declining to take jurisdiction over my habeas corpus claims and decide the merits of same.296 Although it takes less than the total number of justices on the Court to effectively deny Certiorari, all nine sitting justices’ names appear on the Order.

I wouldn’t be going home then or anytime

reasonably discernible. In hind sight, it was an exercise along the path of educating me that I was a ward of the Court’s historic exercise of supervisory jurisdiction to correct the official corruption orchestrated by the ICMC hierarchy.

295 A copy of the Petition for Writ of Habeas Corpus filed in the Supreme Court of the United States can be found at this URL: http://www.randall-cv.net/Habeas%20Corpus.pdf. 296

A copy of the Order may be found at this URL: http://www.randall-cv.net/Supreme%20Court.pdf.

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It gave me pause for thought. It appeared I would be staying in prison for some time; a period not controlled by anything I could do to change it. “Would I stay in prison for the entire length of my sentence?” Unfortunately, the answer would be yes. Up until that time, my letters and cards written for Diane’s benefit and mailed home to my Mother for safekeeping had accounted each precious moment we had shared while together on the South Unit yard. I captured every detail fathomable, from every conceivable angle of perception. Time and again, my letters written between March 1997 and October 1998 had captured those precious moments; to the point I risked wearing out the romance defined. So, I considered how to fill fervent prospects’ future moments with opportunity somewhat more inventive. By January 1999, I had a brilliant idea: “Why don’t you pull the Instructions out of your bible box and begin studying them?” That was my rhetorical answer framed as a question. I retrieved the Instructions; I would undertake them without her by my side; but, she was still in my heart.297

The Commencement of the Scripture Research It was January 1999, only a few months after the Supreme Court unanimously told me I wouldn’t be going home any time soon. The Instructions were in still good shape. I sat at the desk in my Meadows Unit cubicle and studied them. They are titled, How to Become the Priest of the Home. My favorite point raised by the Instructions distills the notion a husband ought to work as hard to keep his wife as he did in convincing her to become his wife in the first place. “All right, Diane, I’ll do my best.”

297

The Instructions may be found at this URL: http://www.pbwmodel.com/Instructions.pdf.

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If you take a minute to go online and look at the Instructions and then look at the plethora of research resulting from this moment undertaken to love her in the presence of God, you surely won’t believe it. Moreover, when you read in the Chapter next about the birth of Grace and Elegance, you may also scratch your head and wonder in amazement that their axioms came from the humble beginnings of this undertaking. Realize this; whether a ward of the Supreme Court of the United States, or the promise of becoming a bzillionaire, or on any other grounds I would not have picked up those Instructions and commenced this research but for loving her. She was the only inspiration. Not being a religious guy or successful in relationship, my initial prayer was straightforward: “All right, God, if this is going to make this marriage work, you’re going to have to show me.” You can determine the outcome of His showing for yourself. The Instructions were organized on a simple premise. We must align ourselves first in God. Second, we must bring our spouse into this loop; transforming a pair-wise operation into a functional triumvirate. I liked this place because in it Diane and I stood together before God; Lord knows it wasn’t me that had the entry ticket in hand. Next, the Instructions expanded the devotional loop to our children. As I had come to know Diane, all by looking in her eyes, studying her face and observing her body language, I knew in my heart of hearts she would bring my six children from prior marriages into her heart without equivocation. And, if we were fortunate to have our own children, in the temporal sense, I knew she would have plenty of heart left over to mother them all. I should mention this point now; though, I only realized it with a sense of clarity since I have been home from prison. Fathers instill a philosophical code of conduct in their children. Mothers, however, fashion showings how to progress in the will of God. That is, mothers

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continue to shape their children’s perceptions of the Divine Will. In this sense, I suspect she, more than me, would shape the presence of God in our home. Whether or not that works in pragmatic application is yet unknown by me; it remains an academic proposition. After our children, the Instructions’ next ever-increasing concentric circle widened to include the rest of the family, then friends, then co-workers, and, finally, the world at large. I started the study with a few ground rules; some at the outset, others distilled along the way. The first ground rule as I approached interpreting the first verse in a setting where God resided squarely between Diane and I came from my earlier business ethics:298 If you want to be successful, all you have to do is create the opportunity for others to participate without limitation. Indeed, it is the context of the Golden Rule. That’s it. It was that simple. I began the scripture research armed with this simple tenet. The Instructions relied on about 30-40 verses taken from scripture to support the idea of ever-increasing participation in the Will of God at work in the world. The verses were taken both from the Old and New Testaments and from the Gospels and Epistles. As a result of this breadth, I quickly adopted another tenet: If the truth deduced in one part of scripture be true then it must define the same philosophy at work in other parts of scripture. In other words, there had to be definitional harmony or consistency in philosophy. It wasn’t long as I held the success tenet and the interpretation constraint constant from verse to verse in interpreting the Instructions in the setting of marriage with Diane when I noticed that a model jumped off scripture’s pages; a welfare model. That is, from practically the first day I picked up the Instructions the model I would one day call the scripture writers’ Perfect and Beautiful Woman had jumped out of scripture’s pages into a living realization. This maxim had been shaped by my McDonald’s experience and in the growth of JNC. I believed it to be true beyond compare as a fundamental tenet of success. I believe it so yet today. 298

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When I returned to full-time student status at the University of Arizona in January 1974, this time as an accounting major, I soon realized a proposition I would come to share with my students and others who are heading into university-level studies: Do your homework three times. The first time you undertake your homework you tend to plod through the material, perhaps even struggling a little here and there to learn it. The second time you do the same homework, you are mastering the material; that is, you reinforce the learning as if to enable teaching it yourself.299 Finally, the third time you do your homework, do it for speed. You must be able to think in terms of the learnt material quickly; as if it were all ready part of your nature. Accordingly, I undertook the Instructions again, following my first pass through. Indeed, I continued to study the Instructions again and again; four times in total just in my letters to Diane.300 Then, I had an opportunity to teach them to my son, Joshua, and his livein girlfriend, Michelle.301 So, all total, I studied the Instructions five times, one time after the other.

Each pass through the Instructions improved my interpretation and increased the

definition of the then emerging scripture writers’ welfare model, The Perfect and Beautiful Woman. Following the fifth pass through the Instructions in letters written to Josh and Michelle, I decided it was time to take a giant leap forward in the scripture research. I decided to take the model, as then defined, and apply it in interpreting other scripture passages and verses.

Nothing causes one to know learned material like having to teach it. It wouldn’t be too long until I had an opportunity to teach the scripture research; though, at the time, I hadn’t yet defined Grace and Elegance. 299

300 These letters are in a filing cabinet in my room in my parents’ Finisterra townhome under the premise “Charlotte Johnson is in the house!” 301

Joshua, my fourth child and third son, is the one who spent a few weeks in the TMC Nursery ICU on birth. The charitable contributions to children’s hospitals derived from this experience.

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The Miracles, Parables, and the Book of Proverbs Growing up in the Catholic faith, I never really studied the bible, per se. At best, I would hear a reading at mass, when and if I attended. Early in life, I attended catechism. But, the Church fashions catechism teachings in the context of its scripture interpretation. Today, I view many actions of the Church, including its teaching of scripture, as undertaken to thwart the discovery of the Gospel Truth Unchanging. Such discovery would weaken the Church’s world socio-economic position and its position in Constantine Agreements it had negotiated with world governmental authorities. So, by venturing outside the bounds of the Instructions references for scripture study algorithmic marital success, I was taking chances. But, I had to know if the model the Instructions had caused me to discern lied outside its cited verses. I had learned My NIV Study Bible conveniently had an index of the New Testament’s Miracles and Parables. So, I attended each in turn. The Babe Game commenced in the middle of undertaking the study of the miracles and parables. So, my practice was to assign a Babe to each miracle and each parable. I always figured Diane would be reading each study nonetheless. My study of the miracles and parables at this juncture, though not incorrect, did not carry The Perfect and Beautiful Woman’s complete sophistication as such studies do today. Recently, I had occasion to study Luke 15’s Parables of the Lost Sheep, Lost Coin, and Prodigal Son.302 In my paper emerging, I explain ordered context exogenous pressures set against the unordered 302

My second girlfriend following my incarceration release is a woman named Susan Michele Montes. Do you see an informal information signal there? If not, you should go back to the beginning of Part III and reread the intervening chapters. On our first date, Susan advised she attended Christ Presbyterian Church in Tucson. My fervent desire was to attend church services with her. That day is yet to arrive; though, I would attend her church by myself and later write her letters explaining the reading of the day in the setting of the scripture writers’ Perfect and Beautiful Woman welfare model. It appears the CPC readings were designed to inspire me to teach the difference between the Given Christ Function (the one taught by the crucifixion of Jesus) and the Any Christ Function (the one where one bypasses the untidy crucifixion mess). My paper titled Luke 15 comes from this experience and is now posted as a work-in-process on both www.pbwmodel.com and www.randall-cv.net.

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context endogenous response. The paper represents a much improved understanding of the New Testament’s parables and miracles than when I first undertook their study in late 1999 or early 2000. Once I had interpreted the New Testament’s miracles and parables, I determined I wanted to undertake further interpretations in the Old Testament. I chose the Book of Proverbs. In part, I was influenced by the Noble Wife description in Proverbs 31:10; a passage I believed written just for Diane in my heart.303 In undertaking the study of the Book of Proverbs, I learned about the difference between survival of the fittest, where the conqueror becomes the King, and empowerment and return of empowerment, where others make the King the king. I finished the Book of Proverbs study while resident at the Winslow Complex, Coronado Unit. Though I was there only a few months, I attended bible study and undertook a study of the Book of Galatians. It is among the Epistles in the New Testament. During my second trip to the Tucson Complex’s Santa Rita Unit, I argued my way into teaching bible study during the nondenominational class one evening.

I was granted the

opportunity. I wasn’t nervous; but, I did want to teach the material to see how others responded to what Diane and I had accomplished together in my heart. After I had returned to my cell, another of the Chief Justice’s henchmen, one who had been in the class, appeared at my cell door and said in a most serious voice: “You did really well.” He probably meant that Diane and I did really well; but, we all knew her presence did not require acknowledgement.

As it turns out, the number “311” implicates a completed Star of David. See my paper titled The Christ Model, which may be found on either www.pbwmodel.com or www.randall-cv.net. 303

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Undertaking the Genesis Creation Sequence It was staring me in the face. I knew I had to go there; I couldn’t put it off much longer. Admittedly, I was somewhat intimidated. I espied it from time to time in advance; “Geez, it seems awfully compact.” It wasn’t too long after I returned to minimum security while incarcerated at the Lewis Complex that I made the big decision. I decided to take on the Genesis Creation Sequence. As already confessed, my first interpretive visit to the Genesis Creation Sequence was made during the Babe Game. Moreover, I knew the Babe I would take there; I saved her just for that passage – Faith Hill.

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Chapter 29 The Birth of Grace and Elegance Faith Hill is my favorite singer; the pitch frequency of her voice is not only melodious to my soul but is reminiscent of the pitch frequency of Diane’s voice. But, that is probably not the primary reason I saved her for the Genesis Creation Sequence during the Babe Game. Later, I would conclude the scripture writers’ determined man interprets the will of God by and through the music of a woman’s womb. The music of a woman’s womb is a regressive notion in The Perfect and Beautiful Woman’s social choice theory hierarchical structure. Grace and Elegance were taken from the music of their Mother’s womb on March 14, 1997 and given to the Almighty; the Thanksgiving 2001 interpretation would be a fait accompli of that day ordaining. I didn’t know it cognitively at the time; but, in hind sight it is fair to say I intuitively set the stage for the birth of Grace and Elegance at Thanksgiving 2001.304 As I undertook the GCS interpretation quotidian during October and November 2001, I started my day’s effort with a prayer.305 Day after day I studied the GCS. The damn passage was really compact; and, “What the hell did all those metaphors mean anyway?” I spent most of October 2001 and the first few weeks of November 2001 loving Faith in my interpretation of the GCS. I spent so much time with her there, listening to her music as I studied, compared to the time I had spent with other Babes in other scripture passages I began to

I suspect scripture’s notion of “thanksgiving” or “giving thanks” refers to the Sacred Feminine’s reprieve from APPGIT’s formidable illusionary consequences. APPGIT is explained later in this chapter. The Sacred Feminine’s reprieve is characterized by Grace and Elegance existing in progressive space. 304

305 All the Babe Game interpretation letters were mailed home to my Mother. Though, I could have mailed Faith’s letters to an address for Fan Club correspondence, I did not. The only letter I mailed to her via her Fan Club address would be the scriptural interpretation of her song Let Me Let Go; I found it incredibly aligned in Psalm 51. I did that for her because she had sung a song about me after I washed her in the Grace of Truth in the GCS interpretation. It is titled Free and is on her Cry CD.

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say to myself, “Faith, you’re a scripture hog!” The GCS was as compelling as her music; neither would “let me let go.”

Hierarchical Structure One of the most amazing things I discerned in fall 2001 as I studied the GCS, Genesis Chapter 1 and 2:1-3, was the emergence of a hierarchical structure. Specifically, I discerned the existence of a hierarchical structure involving a quaternary order. Scripture’s quaternary order hierarchical structure exists only in social choice theory space in the [(Ordered Relations Theory): (Social Choice Theory): (Welfare Theory)] regression. It is a quaternary order of transitions between socio-economic levels. In progression, I came to describe the lowest socio-economic level as a “Camp.”

The next progression level was

described as a “Village.” The next progression level was described as a “Region.” The next level was described as a “Nation.” Finally, the last progression level was described as the “World.” The hierarchical structure looks like this:

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World VOWn+1 P

Nation P

PEXP

P

P

Region PA

SEXP1 A

P

TEXP1

A

Village PPA

Village PAP

P A Camp Camp PPPP PPPA

P A Camp Camp PPAP PPAA

P A Camp Camp PAPP PAPA QEXP3

QEXP2

A

Region AP P

TEXP2

Village PPP

QEXP1

Nation A

A

Region PP P

A

VOWn+

Region AA

SEXP2 A

P

TEXP3 Village PAA

Village APP

Village APA

P A Camp Camp PAAP PAAA

P A Camp Camp APPP APPA

P A Camp Camp APAP APAA

QEXP4

QEXP5

QEXP6

VOWn

The GCS Quaternary Order Hierarchical Structure

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A TEXP4

Village AAP

Village AAA

P A P A Camp Camp Camp Camp AAPP AAPA AAAP AAAA QEXP7

QEXP8

The World is the top, Camps sit at the bottom, and the other entities are in between. I concluded the Camp is the only socio-economic entity that is actually resident occupied. All other socio-economic entities in the hierarchical structure were merely various collections of Camps. I also characterized the World as View of the Worldn+1, or VOWn+1. The collection of camps at the bottom of the hierarchical structure represents VOWn. The idea is to progress from VOWn to VOWn+1, described as the (VOWn: VOWn+1) transition. I assumed VOWn+1 economic consequences dominate VOWn economic consequences. Once the (VOWn: VOWn+1) transition is complete, the World in the (VOWn: VOWn+1) setting becomes a Camp in the (VOWn+1: VOWn+2) setting; the nature of View of the World progression.

Hierarchical Structure Voices I further assumed, in regression, the World divides into respective primary and antithetical prongs; creating the Nation single letter, or primary, voice description: Nation P versus Nation A. In turn, each Nation divides into respective primary and antithetical prongs, giving rise to four regions, all with a unique secondary voice: Region PP, Region PA, Region AP, and Region AA. Thereafter, each Region divides into respective primary and antithetical prongs; giving rise to eight Villages, each with a unique tertiary voice. Finally, each Village divides into respective primary and antithetical prongs; giving rise to sixteen Camps, each with a unique quaternary voice. As you can see in the GCS Quaternary Order Hierarchical Structure figure above, each socio-economic entity is characterized by a unique voice.

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Prejudice Once I discerned the foregoing hierarchical structure, I came to realize there is an impediment affecting (VOWn: VOWn+1) transition: Prejudice. I concluded there is both positive prejudice and negative prejudice. I characterized the negative prejudice as exclusionary in the maxim: “If you want to be successful all you have to do is to create the opportunity for others to participate without limitation.” I also refer to the exclusionary prejudice as the Exogenous Prejudice (“EXP”) insofar as the incidence of its reference is the group targeted by the prejudice of exclusion. On the other hand, the positive prejudice is termed inclusionary; meaning we cannot compel participation only create the opportunity for its unequivocal venture. I refer to the inclusionary prejudice as the Endogenous Prejudice (“EDP”) insofar as the incidence of its reference is the set of qualities that define (VOWn: VOWn+1) creation participation opportunity. I then studied how exclusionary and inclusionary prejudice might visit the GCS Quaternary Order Hierarchical Structure.

I looked at a couple of notions of prejudice so

interposed and settled on the one having the most intuitive appeal.

Illusionary Consequence Variables The first thing you need to appreciate is that the scripture writers characterize the (VOWn+1: VOWn) perception as regression and the (VOWn: VOWn+1) perception as progression. As we come to appreciate the finer points of this Chapter’s teaching, we will also appreciate the principal difference between regression and progression in social choice theory hierarchical structure space as the scripture writers perceived it. The following schematic depicts the relationship between quaternary lower order regression and quaternary higher order progression, to wit: - 446 -

QLO Regression QHO Progression Primary

.............................................................

Secondary

Quaternary

..................................................

Tertiary

Tertiary

.........................................

Quaternary

Secondary

.................................

Primary

.......................

The Quaternary Lower Order Regression and the Quaternary Higher Order Progression The VOWn camps define progression’s higher order primary position, in which there is no regressive correspondent; while the VOWn+1 World defines regression’s lower order primary position, in which there is no progressive correspondent. I envisioned a quaternary set of exogenous prejudices; the kind made of exclusionary stuff. You’ve heard it before: “This is my sand box and you can’t play in it.” For example, a quaternary set of exclusionary prejudices might be something like (i) Primary – “I don’t like Gentiles”; (ii) Secondary – “I don’t like black Gentiles”; (iii) Tertiary – “I don’t like black male Gentiles”; and, (iv) Quaternary – “I don’t like black male Gentiles who are gay.” By this quaternary order of hierarchical prejudices, you can begin to sense what I sensed: Ordered prejudices create a confounding effect. The manifestation and realization of negative prejudice on the propoundment of the (VOWn: VOWn+1) opportunity effects the (regression: progression) transition. This is the point where I intuitively introduced my primary Babe Game progression perception, Elle McPherson, into the scripture interpretation of the GCS, displacing my primary Babe Game regression perception, Faith Hill, in the GCS interpretation. That is, music of the womb gave way to baby-

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making lusts. In scripture, women only make babies in progression. That is, Grace and Elegance were born in progressive definition. The exclusionary prejudice quaternary order is relatively and inversely defined. It is defined by the relationship of the segment of the population excluded to the degree of exclusionary prejudice evisceration difficulty, to wit:

Exogenous Prejudice Primary Secondary Tertiary Quaternary

Population Excluded Most Next Most Next Least Least

Evisceration Difficulty Least Next Least Next Most Most

(VOWn: VOWn+1)i Quaternary Order Exclusionary Prejudice Consequences Remember, all residents are positioned among the VOWn Camps; all other socio-economic entities being merely a collection of camps. Assuming we are initially situated in the first camp, Camp PPPP, our goal is to effect the (VOWn: VOWn+1) transition; it makes us materially and significantly better off. From our Camp PPPP position, we look out and “see” all other Camp positions. However, since we are blinded by the (VOWn: VOWn+1) transition prejudices we don’t see the other camps in terms of their actual consequence variables. Rather, we see illusions we believe are their descriptions, to wit:

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VOWn+1

Nation A

Nation P

Region PP

Village

Village

Village

PAA

APP

APA

AAP

AAA

Camp Camp

Camp Camp

Camp Camp

Camp Camp

Camp Camp

Camp Camp

PAPP

PAAP

APPP

APAP

AAPP

AAAP

Village

PPP

PPA

PAP

Camp Camp

Camp Camp

PPPP

PPAP

Village PPA-ICV

PPAA

Village PPP-ICV

Region PA-ICV

Region AA

Village

Village

PPPA

Region AP

Region PA

Village

PAPA

Village PAA-ICV

Village

PAAA

Village PAP-ICV

APPA

Village APA-ICV

Region PP-ICV

APAA

Village APP-ICV

Village AAA-ICV

Region AA-ICV

Nation A-ICV

Illusionary Consequence Variables

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AAAA

Village AAP-ICV

Region AP-ICV

Nation P-ICV

VOWn

AAPA

While all four prejudices are intact and we remained juxtapositioned in Camp PPPP, we “see” Camp PPPA through prejudiced eyes.

Moreover, because perceptions of other camps are

ordered, we do not see their quaternary voice designations; rather, we see their respective Illusionary Consequence Variables.306 Rather than discerning Camp PPAP and Camp PPAA actual consequence variables, we are only able to see the Village PPP – ICV; an economically inefficient illusion of actual consequences. ICVs give rise to material and significantly inefficient comparative economic consequences to full quaternary camp designation realization. The latter consequences are termed “actual consequence variables” (“ACVs”). Therefore, the importance of exogenous prejudice evisceration includes both materially and significant actual consequence realization and the ability to effect (VOWn: VOWn+1) transition. From our Camp PPPP position we are not able to see Camp PAPP, PAPA, PAAP, and PAAA ACVs, per se; we can only see the economically inefficient Region PP – ICV. Finally, from our Camp PPPP position we are not able to see Camp APPP, APPA, APAP, APAA, AAPP, AAPA, AAAP, and AAAA ACVs, per se; we can only see the economically inefficient Nation P – ICV. These are the economic consequences resulting from ordered conflict; specifically quaternary ordered conflict. The scripture writers recognized these economic consequences a few thousand years before Professor Arrow’s famous general impossibility theorem.307

306

Metaphorically, conflict or war in scripture sounds in the existence of Illusionary Consequence Variables and their implication of the existence of prejudice. Arrow’s impossibility theorem fails to countenance ordered subjective reference ethics declaration’s inefficient economic consequences because his paradigm does not counsel the underlying cause of the ordered conflict his theorem proof declares generally impossible. 307

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Moreover, the scripture writers fashioned their own impossibility theorem; one as ageless as the universe itself.

APPGIT At Thanksgiving 2001, I called the scripture writers general impossibility theorem The Antithetical-Primary Population General Impossibility Theorem (“APPGIT”).

I don’t hold

myself out to be a logician or philosopher of any proficient sort. I just fell in love with a girl and wanted some insurance our marriage would work. I was getting tired of getting divorced. That’s what led me to this theorem; not some great academic undertaking. But, I will do my best to explain the idea of the theorem to you. First, recognize only those souls who ferret a (VOWn: VOWn+1) distinction are going to bother recognizing APPGIT exists. I think this is the point underscoring David seeking a clean heart and a renewed spirit in Psalm 51. Set upon a (VOWn: VOWn+1) opportunity in the will of God we must first recognize the need to eviscerate the negative prejudices distinguishing. Absent that threshold contrition, we would never come to recognize APPGIT exists. When we recognize the prejudices are the barrier, we implicitly or explicitly counsel APPGIT. APPGIT is the theorem ascribed to the Primary Deity, I Am, in Ordered Relations Theory space. The Antithetical-Primary General Impossibility Theorem follows:

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Village PPA-ICV

Village PPP-ICV

Village PPP

Camp PPPP

Village PPA

Camp PPPA

Camp PPAP

Camp PPAA

The Within-Region-PP ICVs Theorem: The Village PPP ordered subjective reference Village PPP-ICV is a {[Village PPP]: [(Village PPA-ACV): (Camp PPAP-ACV, Camp PPAA-ACV)]} assessment general impossibility. Proof. i.

[Village PPP: (Camp PPAP-ACV, Camp PPAA-ACV)] assessment is a [Village PPP: Village PPA-ACV] assessment (x);

ii.

[Village PPP: Village PPA-ACV] assessment is a Village PPP-ICV evisceration (x);

iii.

Village PPP-ICV evisceration is a [(Camp PPPP, Camp PPPA), (HO, P)]: [(Village PPP), (LO, Q)] ordered objective reference (x); ergo,

iv.

The Village PPP ordered subjective reference Village PPP-ICV is a {[Village PPP]: [(Village PPA-ACV): (Camp PPAP-ACV, Camp PPAA-ACV)]} assessment general impossibility.

Q.E.D.308

APPGIT thereby teaches the ordered subjective reference Village PPP-ICV is a Village PPAACV, Camp PPAP-ACV and Camp PPAA-ACV general impossibility.309 The Z-Function Paradigm 308

See, Jenkins, D. R. Ordered Conflict Resolution, supra.

309

During the week of Thanksgiving 2001, I actually came up with a variant of this proof, though substantively targeted to the same conclusion. I came up with it on Saturday that week. I gave myself until that Sunday. Nothing like pressure, huh?

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APPGIT is written in the language of Ordered Relations Theory’s reference ethics declaration. It explicitly mentions the subjective reference; and omits the requirement to effect a (subjective: objective) reference declaration transition. That’s where the twins come in. But, first, let me give you a short-handed reference ethics declaration example.310 Assume we have a function, Z, where Z, by definition, equals 4. The function is expressed as 4 = X + Y. Now, assume I am X and you are Y. I decide I’m going first; I declare my initial value, say, 6. That means you are -2 whether you like it or not. When I declare first and do not counsel your view of the world, it is termed a subjective reference ethics declaration. My attitude is, “To hell with Y, I’ll determine my reference declaration without considering Y’s view of the world.” Do you hear the ethics at play in this explanation? Now, on the other hand, if I consider your view of the world I will consider the set of values acceptable to Y. I will find one, then, that satisfies the function Z where Z = 4 such that it complements my own view of the world. For example, let’s say the number 12 is in your feasibility set and the number -8 is in mine. Notice I first investigated your feasibility set to find

310 I was assigned to teach a course in Management Control Systems at the University of Arizona, South in spring 2006. There was not a course textbook and I was advised to teach the course as I saw fit; but I was instructed to be sure to include teachings of the Kaplan and Norton Balanced Scorecard. In teaching the course, I developed this notion of Z = X + Y, subject to Z = 4, in teaching reference ethics declaration. I also developed a paper relating the scripture writers’ Perfect and Beautiful Woman model to the Balanced Scorecard. I shared the paper with Bob Kaplan. He immediately responded he was not an expert in ethics or social choice theory and could not offer substantive comment. I taught the class that I had caught Kaplan and Norton cheating in the formulation of the Balanced Scorecard by deliberately short-changing the Balanced Scorecard’s fourth perspective. I suggested they did so to give themselves a competitive advantage in the foreseeable multi-million dollar Balanced Scorecard consulting business. I was removed from the classroom as the course professor by the university administration. The removal was grounded in student objection to my presence. No further explanation was offered. I informed the students as to my criminal conviction. But, I did not inform them about my theory for my unique status as a ward of the Supreme Court of the United States in its eradication of corruption in the courts. This is the second time the University of Arizona punked-out in relation to my litigation. The first was over the god damn basketball tickets. I don’t ascribe the philosophical infirmity to the school; just to the assholes that are currently administering it. The school won’t change; but, eventually the assholes will. As described in Part IV – The End Times and on release from prison in October 2004, I applied to approximately 250 universities and colleges across the country for professor positions in either business or religious studies. I was never granted a campus visit. Only a few schools had the balls to say we don’t hire ex-cons.

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a value acceptable to your view of the world; one that also coalesces with my view of the world and satisfies the function Z, where Z = 4.

This is termed an objective reference ethics

declaration. The subjective reference ethics declaration is characterized as (endogenous-position, endogenous-perspective). Initially, the objective reference ethics declaration is characterized as (endogenous-position, exogenous-perspective).311 APPGIT simply says ordered subjective references make it generally impossible to empirically discern exogenous ACVs. APPGIT generalizations come into play when we try to visit the other 15 camps on our way to effecting (VOWn: VOWn+1) transition. We cannot run afoul of APPGIT’s formidable illusionary consequence proscription. This is the heart of any APPGIT generalization. Any time we attempt ordered progression, we will violate APPGIT’s proscription and our discernment will be only illusionary and not actual; the conclusion of APPGIT’s proof.

The Grace and Elegance Axioms Grace and Elegance’s axioms are all about how to effect (subjective: objective) reference ethics transition without running afoul of APPGIT’s formidable illusionary consequences. This transition is defined as (endogenous: exogenous)-perspective transition, as illustrated above. I discovered Diane’s girls’ axioms quite by accident. I sat at my prison cubicle desk with a GCS Quaternary Order Hierarchical Structure map placed in front of me. I positioned myself, first, in Camp PPPP. I then set out some requirements. I knew in order to effect (VOW n: 311 I explain the (exogenous-position, exogenous-perspective) reference ethics declaration in my paper titled Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework; Éthique et économique/Ethics and Economics, 5 (1), 2007, http://ethique-economique.net/.

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VOWn+1) transition I would have to visit each of the other fifteen camps; evidencing my prejudice evisceration. I called on my abilities as an accountant to set out the most efficient path possible; efficiency underscoring every accounting function. The rules emerging to efficiently effect this migration are two: the axioms I came to call Grace and Elegance. The same axioms are metaphorically referenced in the Genesis Creation Sequence as “the lesser light” (Grace) and “the greater light” (Elegance). APPGIT and the Grace and Elegance axioms are scripture’s most significant encrypted secret I deciphered in undertaking the study of the Instructions with an eye toward preparing for marriage with Diane. The Grace and Elegance axioms enable (VOW n: VOWn+1) transition compliant with APPGIT’s formidable illusionary proscription. These axioms derive from the Sacred Feminine; she enables their comprehension in progressive social choice theory space. So it can be said that while I Am proscribes; the Sacred Feminine enables. This is why we call it Mother Earth; it’s philosophical.

Grace In my paper titled Ordered Conflict Resolution Grace is depicted as “The APPGIT Constraint.” Basically, the APPGIT Constraint holds that you can only change one voice at a time in effecting (Campn: Campn+1) transition.

Remember, to effect (VOWn: VOWn+1)

transition, we must effect 15 (Campn: Campn+1) transitions. That’s it; that’s all there is to Grace’s axiom. If you change more than one voice in effecting any (Campn: Campn+1) transition, you just violated APPGIT’s formidable proscription and your economic consequences are illusionary.

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For example, in order for Camp PPPP to visit Camp PPPA, Camp PPPP must change its quaternary voice from P to A. Since this is a single voice change, we can now visit Camp PPPA and garner all its actual consequences.

Elegance While Grace addresses voice change; Elegance addresses position change in satisfying (Campn: Campn+1) movement in effecting (VOWn: VOWn+1) transition. Position change can be ordered so long as there is only one voice change; that’s how the twins get along with one another. It is also because other socio-economic entities are mere collections of camps. Since camps are the only socio-economic entity defined by actual residence; they define quintessential (VOWn: VOWn+1) transition incidence. Once juxtapositioned in Camp PPPA we must now progress to another camp. We can visit Village PPP because our Camp PPPA voice inherently includes Village PPP’s voice. 312 However, in order to visit another camp, we must learn we must next visit Village PPA. Else, we will end up making more than one voice change, destroy Grace’s creation, and violate APPGIT. So, we change our Village tertiary voice from P to A. As a result, our quaternary voices are PPAA defined. We can now visit Village PPA. Village PPA has two camps: Camp PPAP and Camp PPAA. Notice that Camp PPAP is the third camp from the left in the camp diagram, while camp PPAA is the fourth camp. Now, as we started out the camp-to-camp progression, we went from the first camp to the second. That seems natural: 1 then 2. Ms. Grace’s APPGIT Constraint advises if we don’t want to violate APPGIT and incur illusionary consequences we cannot change our voice again until we visit another camp. As a 312

It also inherently includes Region PP’s voice, as well as Nation P’s voice.

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result, we are compelled to first visit the fourth camp, Camp PPAA. Then we can again change our quaternary Camp voice to a P and visit the third camp, Camp PPPA. So our progression was 1 – 2 – 4 – 3, and not 1 – 2 – 3 – 4. This distinguishes ordinary number serialization from the APPGIT Language. We will get to the APPGIT Language illustration in a moment. First, let’s take a look at the combined effect of Grace’s APPGIT Constraint and Elegance’s APPGITCompliant Progression as I originally fashioned it while sitting at my prison cubicle desk. While I will only show you the Camp PPPP schedule, I set out this schedule assuming commencement from each camp. As a result, there are sixteen schedules. The Camp PPPP schedule follows:

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#

Beginning Translation Voice

Prejudice

SocioEconomic Entity

Tongue

Translation Required

Translation Type

Ending Translation Voice

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

PPPP PPPP PPPA PPPA PPAA PPAA PPAP PPAP PAAP PAAP PAAP PAAA PAPA PAPA PAPP PAPP AAPP AAPP AAPP AAPP AAPA AAAA AAAA AAAP APAP APAP APAP APAA APPA APPA

QEXP1-P QEXP1-A TEXP1-P TEXP1-A QEXP2-A QEXP2-P SEXP1-P SEXP1-A TEXP2-A QEXP4-P QEXP4-A TEXP2-P QEXP3-A QEXP3-P PEXP-P PEXP-A SEXP2-A TEXP4-P QEXP7-P QEXP7-A TEXP4-A QEXP8-A QEXP8-P SEXP2-P TEXP3-A QEXP6-P QEXP6-A TEXP3-P QEXP5-A QEXP5-P

Camp PPPP Camp PPPA Village PPP Village PPA Camp PPAA Camp PPAP Region PP Region PA Village PAA Camp PAAP Camp PAAA Village PAP Camp PAPA Camp PAPP Nation P Nation A Region AA Village AAP Camp AAPP Camp AAPA Village AAA Camp AAAA Camp AAAP Region AP Village APA Camp APAP Camp APAA Village APP Camp APPA Camp APPP

Native Foreign Native Foreign Native Foreign Native Foreign Native Native Foreign Foreign Native Foreign Native Foreign Native Native Native Foreign Foreign Native Foreign Foreign Native Native Foreign Foreign Native Foreign

No Yes No Yes No Yes No Yes No No Yes Yes No Yes No Yes No No No Yes Yes No Yes Yes No No Yes Yes No Yes

--Q --T --Q --S ----Q T --Q --P ------Q T --Q S ----Q T --Q

PPPP PPPA PPPA PPAA PPAA PPAP PPAP PAAP PAAP PAAP PAAA PAPA PAPA PAPP PAPP AAPP AAPP AAPP AAPP AAPA AAAA AAAA AAAP APAP APAP APAP APAA APPA APPA APPP

The (VOWn: VOWn+1) transition commonality is that the voice change algorithm is the same notwithstanding which camp commences the (VOWn: VOWn+1) transition, to wit: Q1, T2, Q3, S4, Q5, T6, Q7, P8, Q9, T10, Q11, S12, Q13, T14, Q15

The APPGIT Language The APPGIT Language derives from the Grace and Elegance axioms dictating the (VOWn: VOWn+1) transition camp visitation order in order to avoid APPGIT’s formidable illusionary consequence proscription. The APPGIT Language is the language of scripture’s Deities. Given Camp PPPP Commencement, the APPGIT Language appears as follows:

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1 1

2

1

4

3

2 1 1

2 2

4

4

3

8

7

5

6

3 8 7 5 6 16 15 13 14 9 10 12 11 The PPPP Camp Visitation Order

The obvious characteristic is that camps are not serially numbered from left-to-right. They are numbered in the language of the Deities; the APPGIT Language. The APPGIT Language survives APPGIT’s formidable proscription. Deities exist only in regression. As a result, they must sit above progression’s ICVs. The language above the ICVs is the APPGIT Language. Those who translate the will of God for the benefit of others, in my lexicon, are called Utility-Maximizing Economic Prosecutors or UMEPs. UMEPs sit aside ICVs. They empower, make correction showings, and confirm return of empowerment proffered by Devotees. This space is a (regression: progression) transitivity space. The Devotees reside below ICVs. They exist only in progressive space. Moreover, due to the APPGIT proscription, progressive space is always viewed as horizontal, unordered, or camp resident. Movement in horizontal space is by hierarchical progression. On the other hand, regressive space, that space resident above the ICVs is vertical and ordered. Movement in vertical space is linear; akin to Ordered Relations Theory space.

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Setting the Stage for Scripture Research There are many aspects to the scripture research derived from the humble beginnings of a boy loving a girl in the presence of God; seeking the glue to bind a marriage unassailable. To be sure, volumes may be written about the scripture research commenced as I followed the Instructions. Here, though, in the confines of a book dedicated to the Supreme Court’s historic exercise of supervisory jurisdiction, the scripture research becomes important for a few reasons. First, the Church, throughout centuries of Constantine Agreement negotiations with the world’s governmental authorities, has transparently withheld the secrets of APPGIT and the Grace and Elegance axioms. These tenets derive from the Sacred Feminine and I Am in Ordered Relations Theory Space, exogenous to scripture’s actual pages. Had the Church disclosed these philosophical precepts, it would have given away the cornerstone of the logic of the great thinkers of Greek Philosophy – impossibility-resolved social choice theory.313 The Church’s participation in the unholy alliance with the ICMC makes APPGIT, and the Grace and Elegance axioms relevant in bringing the Church to account for its bi-millennia conduct against the well-being of the human condition; the veritable essence of crimes against humanity. Second, the Court, having conquered ICMC corruption, now announces as much by orchestrating certain changes in market indices in fall 2008. The numerical references cited in Part IV – The End Times rely, in part, on the significance of scripture’s numerical references as interpreted through my scripture research undertaken pursuant to the marriage contract I received on March 13, 1997 at the South Unit facility.

Indeed, in Part – IV The End Times, I will allege the Church promoted academic undertakings directing study away from discovering APPGIT and the Grace and Elegance axioms. 313

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While the scripture research will be summarized in the next chapter, endure the ensuing Star of David education.314 It represents social choice theory progression in the scripture writers’ Perfect and Beautiful Woman social choice theory model. It will also become important in the Part IV informal information signal analysis.

The Star of David Grace and Elegance enable Star of David definition. Without their APPGIT compliant enabling axioms, social choice theory would remain impossibility-plagued. The scripture writers recognized as much insofar as they wrote, “He made the stars also” and placed the statement in the same GCS creation day as the lesser and bigger lights. As a result, the Star of David, more than anything else, is emblematic of impossibility-resolved social choice theory. The Star of David is a hexagram. It is typically depicted as:

The Star of David

314

There is no general agreement on the meaning of the Star of David. See, http://en.wikipedia.org/wiki/Star_of_David. However, my scripture research not only defines the Star of David but relates it to the Hebrew Calendar and the 613 Divine Commandments of the Sefer ha-Mitzvoth.

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Let us take a look at scripture’s metaphors and how they are relevant in Star of David construction. Lamech’s Genealogy The hierarchical structure of 1-World, 2-Nations, 4-Regions, 8-Villages, and 16-Camps distills the shape of a triangle. Genesis 4:19-22 defines the relationship between Lamech, his two wives, and the two sets of two children each that he had with his two wives, to wit:

Lamech

Adah

Jabal

Zillah

Jubal

Tubal-Cain

Naamah

Lamech's Genealogy Lamech’s genealogy also represents a hierarchical structure shaped like a triangle. The box of each of the four children is the same box labeled "World" in four 31 socio-economic entity hierarchical structures. As a result, they collectively represent a total of (4 · 16) or 64 camps. As a result, Lamech’s genealogy invokes a larger triangle. The two wives represent the next hierarchical level above the children’s level; and Lamech represents the highest hierarchical level, to wit:

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Lamech

.............................................................................

Lamech’s Two Wives

Lamech’s Four Children

. . .. . . . . . . . . . . . . . . . . . . . . . . . .

........

64 Camps . . . .

The Seven-Level Star of David ( or ) Hierarchical Structure Derived from Lamech’s Genealogy

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Each triangle of the Star of David, therefore, is defined by Lamech’s genealogy. As explained below, each Star of David triangle is inherently subjective. How the two Star of David triangles come together is an objective function.

John The Baptist Each triangle in the Star of David, as discussed above is comprised of 64 camps.

The Empowerment Microeconomic Event Equilateral Triangle

The Return of Empowerment Microeconomic Event Equilateral Triangle

The Microeconomic Event Star of David Triangles Each triangle of the Star of David is referenced by the John the Baptist metaphor; a subjective equilibratorily aligned microeconomic event. To understand the John the Baptist function, we need to develop the notion of Lamech’s genealogy a little further. Essentially, Star of David progression defines progression in the will of God; characterized in this paper as (VOWn: VOWn+1) transition.

Lamech’s genealogy requires

horizontal progression through four 31 socio-economic entity hierarchical structures. At the same time there are four left-to-right horizontal progressions, the horizontal progressions translate into only three vertical progressions, to wit:315

315

Notice the relationship of the horizontal to the vertical: (3, 4). The missing element is the number 5. The algorithm [32 + 42 = 52] implicates the Pythagorean theorem. This is among the factors implicating Pythagoras is the author of scripture’s encrypted social choice theory model.

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Lamech

Adah

Jabal

Zillah

Jubal

Tubal-Cain

Naamah

Lamech's Genealogy States of the World ENDOG EXOG GOXE Lamech’s genealogy implicates three states of the world: 1. (Endogenous, Endogenous) or ENDOG; 2. [(Endogenous, Exogenous), (Exogenous, Endogenous)] or EXOG; and, 3. (Exogenous, Exogenous) or GOXE. To illustrate this lesson, let me use Abraham, Isaac, and Jacob. 316 In the ENDOG state of the world, Abraham effects (VOWn: VOWn+1) transition in 1 GCS Quaternary Order Hierarchical Structure because, as an UMEP, he has ferreted the qualities of creation in the will of God and eviscerated the quaternary order of exogenous prejudices that enable the transition. Ergo, it can be said Abraham has discerned these qualities are inextricably related to (VOW n: VOWn+1) transition. Now, along comes Isaac. Isaac is known to Abraham. Isaac says to Abraham, “Hey, Abe, I really like the qualities of your creation in God’s will. Will you teach them to me?” Abraham responds, “Certainly, Isaac, it will be my pleasure.” Whereupon, Abraham commences

316

Hint: The names are not coincidentally employed.

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teaching Isaac the qualities of the creation in God’s will that enabled his initial (VOWn: VOWn+1) transition. This is called direct mandate transference. That is, Abraham directly instructed Isaac to cause qualities transference. Since the qualities are inextricably related to that specific (VOWn: VOWn+1) transition, it is said that Abraham’s teaching is a mandate insofar as his qualities are the unique set of qualities that satisfy APPGIT compliant progression. This defines ENDOG vertical progression in Lamech’s genealogy. It also involves only Lamech’s child, Jabal. Whether the progression is vertical or horizontal depends on whether you are inherently a leader or a follower. The next vertical state of the world is labeled the EXOG state of the world. It is the world of the Perfect and Beautiful Woman’s Connectivity Principle.

It is defined as

[(Endogenous, Exogenous), (Exogenous, Endogenous)]. In this state of the world, Isaac, the (Exogenous, Endogenous) element of the statement is applying the principles learnt from the direct mandate transference from Abraham. Isaac is applying the qualities in a like (VOW n: VOWn+1) transition; experiencing their success as he applies them in his voice. At the same time, Abraham is effecting the Connectivity Principle by correcting Isaac directly. It involves Lamech’s two children by Adah: Jabal and Jubal. The last vertical state of the world in the subjective setting of one Star of David triangle is the step penultimate to the Jesus function; quintessentially, the John the Baptist function. Here, we witness indirect mandate transference. Isaac knows Jacob; but Abraham does not know Jacob. Jacob observes Isaac’s creation in God’s will and says, “Hey, Izzie, I really like the qualities of your creation in God’s will.

Will you teach them to me?”

Isaac responds,

“Certainly, Jacob, it will be my pleasure.” Whereupon, Isaac commences teaching Jacob the

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qualities of the creation in God’s will that enabled (VOWn: VOWn+1) transition in the same manner Abraham taught him. The important point is that since Abraham does not know Jacob, Jacob has indirectly learnt Abraham’s qualities, albeit in a different APPGIT compliant voice. As a result, when Isaac transfers those qualities to Jacob by direct mandate transference, his action is said to be accomplished by indirect mandate transference relative to Abraham. The (Exogenous, Endogenous) element of the EXOG state of the world represents the notion Abraham must also teach Isaac how to promulgate corrections when Isaac undertakes direct mandate transference to others unknown to Abraham. The two elements, taken together define the EXOG state of the world. Indirect mandate transference crystallizes the John the Baptist function as the penultimate step to the Jesus function. In New Testament terms, John the Baptist paves the way “for the one to come.”

Jesus Function The Jesus function involves transference by empirical discernment. Accordingly, it is objective relative to the John the Baptist function’s subjective nature.

The objective

equilibratory alignment process begs the question, "Just how should the two subjective equilibratorily aligned microeconomic event John the Baptist equilateral triangles be brought together to represent an objective equilibratorily aligned macroeconomic event?" Should they appear like they do in (A), (B) or (C)?

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(A)

(B)

(C)

Possible Objective Equilibratorily Aligned Macroeconomic Event Equilateral Triangle Configurations

It is scripture's Jesus metaphor that is all about how the two subjective equilibratorily aligned equilateral triangles come together to form the Star of David:

The Star of David That is, the John the Baptist function teaches the showing sufficient to enable indirect mandate transference from Isaac to Jacob based on Abraham’s initial direct mandate transference to Isaac.

Accordingly, Abraham, when he teaches Isaac, he must not just teach him the

creation’s qualities, he must also teach Isaac how to teach them to others and how to correct others.

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As we undertake the Jesus function we are necessarily going to learn about the God of Moses. Moses is a chap who is watching Abraham’s creation process from afar. He likes what he sees. However, since he doesn’t know Abraham, Isaac, or Jacob, he must empirically discern what is going on. Abraham is nobody’s fool. He knows a Moses is out there; though he doesn’t know Moses directly. So, Abraham’s burden is heavy. He must not only fashion his creations such as to teach Isaac how to teach others, and directly correct others, but now he must have done as much with an eye toward being empirically discerned.

Else, the (microeconomic:

macroeconomic) migration is truncated before it “gets off the ground.” The real complexity comes in with correction showings. While Abraham may not know Moses or be able to directly correct his creation’s qualities, Abraham must build in the creation qualities correction showings to enable Moses to discern correction showings when Moses runs afoul of God’s will. This is the inherent nature of the Jesus function. The creation itself becomes the teacher and the corrector. However, contrary to popular belief Jesus is not the Christ, per se. Indeed, you will probably be surprised to learn the distinction between Jesus and the Christ.

Christ Function The Christ function involves the transition between one or a set of Stars of David and another Star of David or a set of Stars of David. The Christ function implicates ordered context in the social choice theory space. The Christ function is schematically represented as follows:

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The Christ Transition Function

Star of Davidn

Star of Davidn+1

As you can see, Star of Davidn is ex ante the Christ function. This is the Jesus Christ metaphor used in the Gospels. Specifically, it is used before the crucifixion and resurrection. On the other hand, Star of Davidn+1 is ex post the Christ function. This is the Christ Jesus metaphor used in the Epistles. Go ahead, pick up your bible and notice how the Gospels refer to Jesus Christ while the Epistles refer to Christ Jesus. Now, you understand why. Jesus tells us how to align the two Star of David triangles one to the other (i.e., unordered context); the Christ function tells us how to transition between two Stars of David or two sets of Stars of David (i.e., ordered context). The Christ function is the highest order of progression in social choice theory space. That is why it is the first coming, or the unordered blessed marriage. The second coming is a metaphor for the Sacred Marriage known as the Messiah. It is viewed as existing in regression only because it is the ordered marriage. The Christ is the “man made in Our image” metaphor used in the GCS sixth day of creation. The Christ, like the Messiah, is a combined, inseparable male and female metaphor. The Star of Davidn+1 Jesus is born out of the Christ function. - 475 -

Scripture captures four types of Christ functions, to wit: 1. Within Divine Given Opportunity (the within social state paradigm) a. The Given Christ Function b. The Any Christ Function 2. Among Divine Given Opportunity (the among social states paradigm) a. The Given Christ Function b. The Any Christ Function A Divine Given Opportunity refers to the Mountains of Ararat Accounting System developed in the story of Noah’s Ark.317 It is the Ordered Relations Theory space linear accounting system. Scripture focuses on one particular DGOn:n+1 transition. It is DGO91:92. DGO91 is (2117, 2322) defined; while DGO92 is (2122, 2331) defined.318 The story of the crucifixion and resurrection as told in the New Testament is about this particular Among Divine Given Opportunity transition and the (Given versus Any) Christ Function distinction therein. Whether the John the Baptist function, the Jesus function, or the Christ function, there is one commonality for progression in social choice theory space:

APPGIT’s formidable

proscription reigns throughout and only the axioms derived from the birth of Grace and Elegance enables impossibility-resolved social choice theory. It is pervasive throughout all of scripture;

317

See, The Christ Model, supra.

318

I present my theory for this focus in my paper titled The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (Numerical-Reference, Philosophical-Content) Nexus. It may be found on either www.pbwmodel.com or www.randall-cv.net. The theory is that DGO 91:92 is where the ethics of the physical universe (as implicated by the Hebrew Calendar) and the ethics of the human condition (as implicated by the Star of David) coalesce at this point in the Mountain of Ararat Accounting System. That is, this is where God and man meet.

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collectively the most fundamental secret I deciphered from scripture’s ordered context. It was Thanksgiving 2001. It is still time to give thanks.

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Chapter 30 The Christ Model I just explained the birth of Grace and Elegance in the Chapter preceding. However, bear in mind it wasn’t a contemporaneous realization.

First, those promulgating the informal

information signals must empirically deduce my behavior. Just like you, I do not cognitively process most actions; they come by intuition. As a result, I didn’t come to the conclusion I had taken the spirits of Grace and Elegance from Diane’s womb and gave them to the Almighty until sometime after I came home from prison. Needless to say, I was humbled that I loved her so. Second, I had to come to realize the significance of Grace and Elegance in the scripture research. That realization came once I learned where I had hid my perception of loving Diane in the presence of God in the Hide and Seek game with the Chief Justice. That’s when the totality of the preceding chapter came together and enabled me to share it with you as it is written. Further developments in the scripture research occurred while I was in prison; particularly leading up to the events of Thanksgiving 2001 and, thereafter, as a consequence of same. Somehow, I always managed to stay on course toward clarifying the Gospel Truth Unchanging. It was a commitment I lived and breathed every day; practically 5-6 hours a day. Prison officials left me to myself during this intense scripture research period and didn’t make me work until after I finished The Christ Model in July 2004, only a few months before I came home; and, then, it was more like an informal information signal my prison-based scripture research had come to a satisfactory end. That I wasn’t required to work for most of the time from January 1999 until August 2004 bears witness everyone knew the importance of developing the scripture research. The resources I had to accomplish the scripture research while in prison were limited. I had a prison-issued New American Standard Bible, a little five-and-dime calculator for - 478 -

numerical operations, a Strong’s Concordance my Mother sent into me, a few biblical treatises in the prison library, and a few biblical texts other inmates had. For the most part, it was the NASB bible, the calculator, and my education and life’s experiences that developed the scripture research. My life has been about walking the walk that led to the scripture research undertaking. You will read about the will of God at work in the real world on these pages; there is a bimillennia correction showing at hand. Whether you listen or not is on you.

Spiritual Infrastructure The weekend before Thanksgiving 2001, I developed spiritual infrastructure statements.319 I had only read the bible cover-to-cover on one occasion; it was during my first stay at the Tucson Complex’s Santa Rita Unit. All my other scripture readings came as I undertook specific passages for interpretation. Nonetheless, I must have deduced scripture’s spiritual infrastructure notion through these limited readings. Spiritual infrastructure is inherently a progressive hierarchical structure notion; and, accordingly, it exists in social choice theory space in the [(Ordered Relations Theory): (Social Choice Theory): (Welfare Theory)] regression. It includes three principal elements: 1. The extant Philosophical Code of Right-Standing Conduct (PCORSC); 2. The PCORSC-Perception; and, 3. The Spiritual Infrastructure Product (SI-Π).

Formally, I refer to Sunday, November 18, 2001 as “Spiritual Infrastructure Sunday.” In the Babe Game setting, I was still anointing Faith Hill in the GCS interpretation. However, having found Faith, in a loving humorous sense, to be a “scripture hog,” I relaxed the stricture and allowed other Diane-esque images to participate. On this day, it was the beautiful blonde wife of Jack Pezold. She reminded me of the girl I had met at Rich’s Department Store in Atlanta; and, on leaving the restaurant, she looked back over her left shoulder in the same image Diane did on March 14, 1997. This Babe Game confession is among the factors supporting the realization Grace and Elegance were born Thanksgiving 2001 inasmuch as I took them from Diane and gave them to the Lord God Almighty as she looked over her left shoulder that fateful Friday morning on a prison yard somewhere in the middle of the Arizona desert. 319

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The PCORSC is akin to the notion of man’s will. The PCORSC-Perception is a progressive will modifier; that is, it suggests how the will ought to be modified to progress in the will of God. The SI-Π is a product of the PCORSC and PCORSC-Perception, to wit: SI-Π = (PCORSC, PCORSC-Perception) The first spiritual infrastructure statement I formulated was simple. First, it counsels your current existence (PCORSC).

Second, it perceives God’s existence (PCORSC-Perception).

Finally, it brokers the two discernments as a product (SI-Π), to wit: I am; God is; I am God in me. This simple yet elegant statement gave birth to a litany of SI statements written in a progressive sense. It was probably a necessary condition to APPGIT discovery the next weekend. What is really amazing is how The Christ Model captures the spiritual infrastructure notion in its quantitative metaphors.

Briefly, the (SI-Π, PCORSC, PCORSC-Perception)

relationship was captured in the Christ Model as (, 0, 4). That is, the SI-Π is one number less than the juxtapositioned PCORSC number; and, the PCORSC-Perception number is four numbers greater than the PCORSC number. The idea is that, relevant to the PCORSC, the SI-Π is regressively determined and the -1 difference accordingly reflects a compounded value. On the other hand, the PCORSC-Perception is progressive in nature and cannot be compounded; a factor owing to APPGIT’s formidable proscription. As a result, the PCORSC-Perception is a value four numbers greater than the PCORSC. Spiritual infrastructure also becomes important in scripture interpretation because it translates how certain passages are organized. While undertaking The Christ Model I came to realize the number 342 represents a progression unlock (both the Devotee and UMEP can progress); the number 432 represents a progression single lock (the Devotee can progress but

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UMEP cannot); and the number 324 represents a progression double-lock (neither the Devotee nor UMEP may progress). The number 342 is a vertical equivalent to the horizontal 3421 truncated by the trailing 1 and represents a completed Star of David progression.320 The spiritual infrastructure algorithm is 342 ascribed as follows:321 (SI-Π3, PCORSC4, PCORSC-Perception2) Importantly, the ascription continues to follow each spiritual infrastructure statement element whether in a progression unlock, progression double lock, or progression single lock. Between Thanksgiving and Christmas 2001, I penned a “view of the world” progression that employed spiritual infrastructure methodologies. I currently suspect the scripture writers defined social states in the Mountains of Ararat Accounting System in progressive spiritual infrastructure terms; another paper I haven’t gotten to yet. Scripture’s Numerical References Beginning January 2002, I undertook a new direction in the scripture research. I was yet incarcerated on the Steiner Blue Unit of the Arizona State Prison – Lewis complex. Moreover, prison officials refrained from imposing a work requirement on me, enabling me to focus on the scripture research.

320 Recall the number 3421 represents completion of the fourth and final Star of David triangle GCS Quaternary Order Hierarchical Structure. By truncating the 1, the horizontal transcends the vertical; one completed Star of David triangle transcends two in equilibratory alignment. The Star of David is considered complete. 321

Recently, this came into play in my interpretation of the interrelationship of the three parables of Luke 15. Part of the interpretation is determined because the passage is in the New Testament (implicating regression); part of the interpretation is determined because the passage is in the Gospel of Luke (implicating the Correction Showing Principle); and, part of the interpretation is determined because the three parables are ascribed a regressive 432 spiritual infrastructure single progression lock characterization. The Parable of the Prodigal Son interpretation is a function of PCORSC4; the Parable of the Lost Coin interpretation is a function of SI-Π3. And, the Parable of the Lost Sheep interpretation is a function of PCORSC-Perception2. Thus, UMEP must properly teach the Devotee how to effect correction showings before UMEP can progress. When this occurs, the 432 becomes 342.

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I had been scanning my NASB bible in anticipation of moving on from the Genesis Creation Sequence, as much as I hated to leave Faith Hill and all the other babes that became a part of the process leading up to the 2001 holidays. After that time, the Babe Game seemed to peter out; no pun intended. I was just about doing scripture research. At the same time, I also stopped writing letters to Diane and mailing them home for my Mother to keep. By and large, I didn’t want to write anyone who didn’t write me back. I felt like I was pissing in the wind.322 The truth is, I was becoming exasperated with my inability to control my destiny. There is another serious implication that may explain why I stopped writing Diane as I paged through my NASB study bible, countenancing a plethora of numerical references among scripture’s pages. I must have intuitively known it then; but only cognitively processed it in early 2007. I came to the conclusion the scripture writers first theorized and then logically proved the physical universe was endowed with ethics; the same ethics that anoint the philosophy of the human condition. But, this isn’t what drove them to their knees in awe of the Creator or what motivated them to write scripture’s pages. I also came to the conclusion the scripture writers theorized and then logically proved the ethics endowed physical universe corrects the corruption of the philosophy of the human condition. That is what drove them to their knees in awe of the creator and motivated them to write scripture’s pages. Against the foregoing realizations I also came to the conclusion scripture’s numerical references implicate the ethics endowed physical universe and its correction authority. 322 Believe me, I never stopped loving her; even to this day. I tried; believe me, I tried. I wanted her out from underneath my skin. Not for my selfish interest, though. As the days went by I found it more and more difficult thinking she may have given her life away as she became as caught up in this as me. I didn’t want to be responsible for it. So, I did the only thing loving her taught me to do: I gave it to God.

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Remember, in the Hide and Seek Game with the Chief Justice I didn’t hide Diane among scripture’s great ladies. Rather, during Thanksgiving 2005 I came to realize I hid my perception of loving her in the presence of God atop the Book of Genesis; the Sacred Feminine’s sanctuary. The Sacred Feminine is in repose atop the Book of Genesis and never descends into scripture’s pages. I suspect today, as I am sure I intuitively suspected then, much of scripture’s numerical references are dedicated to correction showings. It isn’t so much I pushed her away; my love for her motivated me to protect her from the correction theatre. In scripture, the Sacred Feminine remains atop the Book of Genesis and never descends. As a result, She never becomes part of the correction theatre. The correction theatre is a brutal war zone I Am vindicates. It wouldn’t be the only time I was offered the perception of loving her in my scripture research and I blatantly pushed her away. Keep reading; there are at least two other occasions. Remember, I undertook this exercise as part of our romance. There actually came a day I was sitting at my prison cubicle desk while on the Steiner Blue yard during 2002 when I muttered under my breath: “Shit, this is a god damned book on economics.” You see, my heart sank because it was supposed to be the heritage of our romance. Well, romantic or not, the way the scripture writers fashioned the stories is that I Am descends from Ordered Relations Theory space to legislate correction. He not only leaves his Babe at home atop the Book of Genesis, He protects her repose using the cherub with the flaming sword. I live that relationship in my heart with Diane to bring romance to the study of the Instructions. I still do today. “Get out of here, Woman! This isn’t your place!” Those who promulgate the informal information signals know this behavioral trait and test it from time to time; probably as a “Does he love her as much today as yesterday?” kind of test. So, as my

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undertaking scripture’s numerical references became my realized study, away she went; whether I lost her to the ages or not. I loved her that much. My basic premise in undertaking scripture’s numerical references is straightforward: If the model is true, then scripture’s numerical references implicate the model and evidence its operation. I will give you the short answer now: They do and they do.

The Mountains of Ararat Accounting System On one of my more brilliant days of scripture research while incarcerated at the Steiner Blue Unit, I discovered what I initially called the “Magic Triangles.” Later, when I undertook the study of the story of Noah’s Ark in the Book of Genesis, Chapters 6-10, I came to the conclusion what I called the Magic Triangles the scripture writers called the Mountains of Ararat.323 I figured out the Magic Triangles by considering scripture’s continuing reference to the numbers 12 and 7, to wit: 2

2

12..........

5

5

5

7…........ 1

1

1

1

7.......... 3

3

3

3

7........ 2

2

2

323

2

When you think about what it must have been like as the scripture writers studied the relation of numbers to ethics, philosophy, and social choice theory, you have to bear in mind they did not have computers or calculators. I then realized their appreciation of the majesty of numbers came because they didn’t have such technology available to them. It is then easy to see how students today have been harmed by the technology of computers and calculators. I’m sure I’ve seen only a glimpse of what the scripture writers appreciated in numbers, numerical relationships, and numerical operations. But, that’s how they related the physical universe to the philosophy of the human condition.

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As you can tell, the Magic Triangles repeat themselves in both directions ad infinitum. The sum of the numbers in the three corners of the lower three triangles always equals 7; while the sum of the three corners in the highest triangle equals 12. The connectivity is always the apex number concomitantly serving as the next triangles’ base values. In this way, the Magic Triangles mirror the hierarchical structure connectivity principle: You can’t advance until the guy below you advances and fills your shoes. So, I called it the (12, 7, 7, 7) Magic Triangles; that is, until I found them in the story of Noah’s Ark. Look at the Magic Triangles diagram again; this time from more of a distance. Do you see how they resemble mountain peaks? Also, you can see how you can connect more mountain peaks side by side. You just observed the Mountains of Ararat.324 The (12, 7, 7, 7) Magic Triangles or the Mountains of Ararat give rise to an accounting system that is tantamount to social state definition. The accounting system is predicated on this state of the world or social state correlation: [(12, 7, 7, 7), (Social State, GOXE, EXOG, ENDOG)]. I developed the Mountains of Ararat Social State Definition Accounting System before I actually found the Magic Triangles on the Mountains of Ararat. The accounting is explained in my academic papers; so I won’t explain it here. Note two things: 1) the accounting goes backwards and forwards, and 2) the highlighted white area on the table below is where all of

324

When I figured this out, I received a positive informal information signal. Tales of expeditions to Turkey in search of Noah’s Ark flooded the History Channel on the prison cable television system. I was a little taken aback when I learned people have actually lost their lives searching for Noah’s Ark. Moreover, there are abundant theories concerning the location of the Ark. They’re all bullshit. You just saw the Mountains of Ararat as they are meant to be seen in the story of Noah’s Ark. The Mountains of Ararat may physically exist; however, their scripture reference is metaphorical, not actual.

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scripture is focused for reasons previously explained. A portion of the accounting system ensues, to wit:

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(Divine Given Opportunity)1...186 Ascension and Descension Schedule (A) Ln 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

(B) (C) ASC DESC 1111 1112 1113 1114 1115 1116 1117 1122 1123 1124 1125 1126 1127 1133 1134 1135 1136 1137 1144 1145 1146 1147 1155 1156 1157 1166 1167 1177 1222 1223 1224

1111 1211 1221 1222 1311 1321 1322 1331 1332 1333 1411 1421 1422 1431 1432 1433 1441 1442 1442 1444 1511 1521 1522 1531 1532 1533 1541 1542 1543 1544 1551

(D) Ln 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62

(E) (F) ASC DESC 1225 1226 1227 1233 1234 1235 1236 1237 1244 1245 1246 1247 1255 1256 1257 1266 1267 1277 1333 1334 1335 1336 1337 1344 1345 1346 1347 1355 1356 1357 1366

1552 1553 1554 1555 1611 1621 1622 1631 1632 1633 1641 1642 1643 1644 1651 1652 1653 1654 1655 1661 1662 1663 1664 1665 1667 1711 1721 1722 1731 1732 1733

(G) Ln 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93

DGO1...186 ASC & DESC (H) (I) (J) (K) (L) (M) (N) (O) ASC DESC Ln ASC DESC Ln ASC DESC

(P) Ln

(Q) (R) ASC DESC

1367 1377 1444 1445 1446 1447 1455 1456 1457 1466 1467 1477 1555 1556 1557 1566 1567 1577 1666 1667 1677 1777 2111 2112 2113 2114 2115 2116 2117 2122 2123

156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186

2466 2467 2477 2555 2556 2557 2566 2567 2577 2666 2667 2677 2777 3111 3112 3113 3114 3115 3116 3117 3122 3123 3124 3125 3126 3127 3133 3134 3135 3136 3137

1741 1742 1743 1744 1751 1752 1753 1754 1755 1761 1762 1763 1764 1765 1766 1771 1772 1773 1774 1775 1776 1777 2111 2211 2221 2222 2311 2321 2322 2331 2332

94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124

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2124 2125 2126 2127 2133 2134 2135 2136 2137 2144 2145 2146 2147 2155 2156 2157 2166 2167 2177 2222 2223 2224 2225 2226 2227 2233 2234 2235 2236 2237 2244

2333 2411 2421 2422 2431 2432 2433 2441 2442 2443 2444 2511 2521 2522 2531 2532 2533 2541 2542 2543 2544 2551 2552 2553 2554 2555 2611 2621 2622 2631 2632

125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155

2245 2246 2247 2255 2256 2257 2266 2267 2277 2333 2334 2335 2336 2337 2344 2345 2346 2347 2355 2356 2357 2366 2367 2377 2444 2445 2446 2447 2455 2456 2457

2633 2641 2642 2643 2644 2651 2652 2653 2654 2655 2661 2662 2663 2664 2665 2666 2711 2721 2722 2731 2732 2733 2741 2742 2743 2744 2751 2752 2753 2754 2755

2761 2762 2763 2764 2765 2766 2771 2772 2773 2774 2775 2776 2777 3111 3211 3221 3222 3311 3321 3322 3331 3332 3333 3411 3421 3422 3431 3432 3433 3441 3442

Evidence Pythagoras Wrote Scripture Pythagoras is the author of scripture's encrypted philosophical account of (individual: societal) well-being transitivity. While contemporary economists have regarded such transitivity as generally impossible since Professor Arrow's famous 1951 proof, Pythagoras resolved the impossibility by interposing ethics into economics, a marriage Professor Sen pleads essential today. That is, Pythagoras recognized social choice theory derives from ordered relations theory. The inherent nature of ordered relations theory involves the abstract interposition of ethics into questions involving theory, observation, study and anecdote. My research has uncovered several factors supporting the conclusion Pythagoras is scripture’s author. First, Pythagoras is renowned for his whole numbers affinity. Second, my paper titled The Christ Model, demonstrates Pythagorean Theorem relationships are used to align the Star of David's two triangles. Second, I also demonstrate in The Christ Model the listing of the Twelve Tribes of Israel in Numbers Chapters 1, 2, and 26 is, in part, a function of Pythagorean Theorem (3, 4, 5) relationships. Third and as already indicated, the social choice theory space is a function of a three by four hierarchical structure. Fourth, the Mountains of Ararat Social State Definition Accounting System is scripture’s (Any Finite)k space surrogate for infinity. Infinite is infinite; Pythagoras spoke the physical universe by its endowed ethics in whole number terms. It is generally recognized when Pythagoras claimed the universe is governed by numbers he meant whole numbers and ratios of whole numbers (i.e., fractions); that is, rational numbers.325

325

Most also conclude Pythagoras abhorred irrational numbers.

See, Fermat’s Last Theorem, Simon Singh, Fourth Estate (1997).

That is, for

Pythagoras, the beauty of mathematics was the idea that rational numbers could explain all natural phenomena. It has been suggested this guiding philosophy blinded Pythagoras to the existence of irrational numbers and may even have led to the execution of one of his pupils.326 Most report the story as the √2 Pythagorean Theorem taint. By the Pythagorean Theorem, a right triangle having sides of 1 led to the algorithm 22 = 12 + 12. However, the √2 cannot be expressed as a fraction; leading to the discovery of irrational numbers. It is suggested Pythagoras directed the drowning death of Hippasus for tainting the beauty of the Pythagorean Theorem with the discovery of irrational numbers.327 This reported denial of irrational numbers is regarded as Pythagoras's most disgraceful act and perhaps the worst tragedy of Greek mathematics. While the foregoing is interesting in epic accounting terms, it probably mischaracterizes what actually transpired.

The correct characterization derives from the conclusion that

Pythagoras developed ordered relations theory and, more likely than not, was the author of scripture's encrypted account of ordered relations theory, social choice theory and welfare model operations. When these factors are considered, and if Pythagoras indeed directed Hippasus's drowning death, the real motive may have been to thwart the unveiling of scripture as an encrypted Pythagorean account of the [(Ordered Relations Theory): (Social Choice Theory): Welfare Theory)] regression and not the disclosure of the existence of irrational numbers, per se.328

326

Id.

327

Id.

As I proceeded in my scripture research I continued acknowledging its writers may have “set up” potential abusers of its philosophy for personal gain. Scripture’s philosophy can only be fully appreciated on realization of APPGIT’s formidable proscription and the Grace and Elegance axioms. 328

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By considering the beauty of mathematics, the idea that rational numbers could explain all natural phenomena emerged; moreover, it is transparent Pythagoras concluded social choice theory, inter alia, derives from ordered relations theory. It appears Pythagoras first studied the interposition of ethics in whole numbers finite space. He then came to recognize confounded sets that include unconfused elements can, themselves, become unconfused through the interposition of ethics and reference declaration: "Who gets to unconfuse the objective statement first, X or Y?" Pythagoras must have concluded that elements of an unconfused set could not be inherently confounded because they are incapable of reference ethics declaration. Since irrational numbers are inherently infinite, they are confounded without prospect. It appears Pythagoras concluded irrational numbers are akin to illusionary consequences condemned by APPGIT’s formidable proscription.

This underscores his rational number

affinity. Pythagoras then migrated to an exclusive whole number affinity because infinity is infinity whether defined by the set of rational numbers or the constrained set of whole numbers. Pythagoras further recognized the ethics endowed physical universe is defined in (Any Finite)k space terms, which he must have viewed to be as limitless as the irrational numbers endowed and ethics devoid infinite space. The development of ordered relations theory supports a more rational explanation as to why Pythagoras found beauty in employing whole numbers to describe natural phenomena and had disdain for irrational numbers. Considering social choice theory as the primary ordered relations theory regressive prong, Pythagoras considered the ethics endowed physical universe as the antithetical ordered relations theory regressive prong. That is, Pythagoras and the scripture writers propounded ordered relations theory ordered context as embracing the ethics endowed physical universe in relation to the philosophy of the human condition.

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I suspect it was not the creation of the physical universe that held Pythagoras and the scripture writers in awe of God; rather, it was that they theorized the ethics endowed physical universe corrects the philosophical corruption of the human condition. More than any other argument, this correction power humbled the great thinkers of Greek philosophy to bow down to the Creator. Moreover, Pythagoras and the scripture writers proved this correction power in logical argument and adduced empirical evidence in support of its existence. I first witnessed this correction power in my paper titled The Christ Model, completed on my deceased grandmother’s birthday in 2004: July 21.

The Christ Model The Christ Model paper was instigated by my little calculator while resting on my Steiner Blue prison bunk. Essentially, I figured the Church ordained the birth of Jesus as December 25 as a form of an informal information signal. The date is characterized by the numbers 12 and 25; the sum of which is 37. The number 37 is scripture’s numerical reference for its water metaphor.

Reconciling Differences in Views of the World Transparently, the scripture writers used 3-digit number sets to represent (GOXE, EXOG, ENDOG) relationships. Let's investigate some of the interesting properties of 3-digit number sets by using the ordinary serialized number 123456. This exercise investigates numerical differences as a metaphor for the human condition's philosophical differences. All numbers expressed as whole integers can be classified as either subject to the Single, Double or Triple Digit Difference Properties. This characteristic of numbers is what likens (GOXE, EXOG, ENDOG) relationships.

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a. The Single Digit Difference Property The Single Digit Difference Property simply holds that for any number greater than 9, the difference between the number and the sum of its single digits is always nine divisible: a. 123456 b. 1+2+3+4+5+6=21 c. 123456-21=123435 d. 123435÷9=13715. The Single Digit Difference Property's nine divisibility condition holds so long as all the number's digits are included in the differential calculation. The Single Digit Difference Property involves the prime number set (1, 3) insofar as 9=1·9=1·3·3.

b. The Double Digit Difference Property The Double Digit Difference Property simply holds that for any number greater than 99, the difference between the number and the sum of its pair-wise digits is always 99 divisible: a. 123456 b. 12+34+56=102 c. 123456-102=123354 d. 123354÷99=1246. The Double Digit Difference Property's principle holds for any permutation of a number's pairwise digits as well. The Double Digit Difference Property involves the prime number set (1, 3, 11) insofar as 99=1·99=1·9·11=1·3·3·11.

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c. The Triple Digit Difference Property The Triple Digit Difference Property simply holds that for any number greater than 999, the difference between the number and the sum of its three-digit sets is always 999 divisible: a. 123456 b. 123+456=579 c. 123456-579=122877 d. 122877÷999=123. The Triple Digit Difference Property's principle holds for any permutation of the three digit sets as well. The Triple Digit Difference Property involves the prime number set (1, 3, 37) insofar as 999=1·999=1·27·37=1·3·3·3·37. Based on the foregoing, any number and the difference of various sets of its digits is subject to either the Single, Double or Triple Digit Difference Properties. This translates into a holding that any number and the difference of the set-sum of its digits is either solely 9 divisible or 9 divisible and 99 divisible or 9 divisible and 999 divisible. Ergo, mere 9 divisibility implicates the ENDOG state of the world, mere 99 divisibility implicates the (ENDOG, EXOG) state of the world relationship, mere 999 divisibility implicates the (EXOG, GOXE) state of the world relationship and 3663=9·11·37 divisibility implicates the (ENDOG, EXOG, GOXE) relationship. Based on the foregoing, the philosophical-content of the numerical references involving the number 37 implicates either the (EXOG, GOXE) or (ENDOG, EXOG, GOXE) state of the world relationships. That is why the number 37 is used as a numerical reference for scripture’s water metaphor. In scripture, “water” is a correction showing metaphor. Correction showings enable progression in the will of God. Therefore, water is ex ante progression in the will of God.

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Scripture’s metaphor at the other end of aggregation progression is wine. It represents ex post progression in the will of God penultimate to the Christ function. Let me next explain scripture’s numerical reference for its wine metaphor. Scripture’s Numerical Reference for Wine Once I deduced the Church probably anointed December 25th as representing the day of the birth of Jesus because of the foregoing properties of the number 37; I undertook analyzing how water became converted into wine. First, though, let me explain why the number 515 is scripture’s numerical reference for the wine metaphor. Then I will explain the conversion process. The best argument for the scripture writers' use of the number 515 as numerical reference alluding to the qualitative metaphor wine again has to do with the Star of David's equilateral triangle definition for a microeconomic event. Referring to Lamech’s genealogy, supra, a microeconomic event is defined by 1-GOXE; 2-EXOG; and, 4-ENDOG states of the world. Notice the inherent vertical and horizontal accounting aspects. There are three vertical levels, (GOXE, EXOG, ENDOG), and four horizontal levels, (ENDOG1, ENDOG2, ENDOG3, ENDOG4). The entire microeconomic event is reconciled in a [(3, 4), (Vertical, Horizontal)] accounting system.

The suggestion is that water is a metaphor for horizontal progression

enabled through correction showings, while wine is the metaphor for vertical progression. Moreover, the [(3, 4), (Vertical, Horizontal)] accounting system implicates two of the three Pythagorean Theorem (3, 4, 5) relationship prongs. While a microeconomic event implicates the two legs of a right triangle, (3, 4); it is the macroeconomic event that represents objective equilibratory alignment and the Pythagorean Theorem's complete (3, 4, 5) relationship. - 494 -

5

3

4 (3, 4, 5) Pythagorean Theorem Relationships

The following exercise demonstrates how the numerical reference 515 implicates vertical microeconomic event progression. The scripture writers use the first four starting camp positions to represent ENDOG1, ENDOG2, ENDOG3 and ENDOG4. The first region's threshold fourcamp progression is respectively (ENDOG1, 1243), (ENDOG2, 2134), (ENDOG4, 3421), (ENDOG3, 4312), to wit:

GOXE

7

EXOG

ENDOG

5

1 1243

6

2 2134

4 3421

3 4312

APPGIT GOXE: EXOG: ENDOG Transition

Note:

The position of the number "1" in each of the APPGIT (1243, 2134, 3421, 4312)

statements tells whether it is the serial first, second, third or fourth theatre to be prosecuted for progression. The last ENDOG Ordered Conflict Resolution Theatre (4, 3421) is actually serially - 495 -

positioned as the third left-to-right theatre. That position is APPGIT consonant. You may also notice the entire ENDOG line is APPGIT (→, 1243) and (←, 3421) characterized. That is, read left-to-right, it reads progression commencement. On the other hand, read right-to-left, it reads progression completion. That is, the beginning is the same thing as the end. First instance (ENDOG, EXOG, GOXE) achievement defines vertical progression. Assuming, arguendo, first instance (ENDOG, EXOG, GOXE) is defined on a left-to-right basis, first instance or vertical ENDOG is defined by (ENDOG1, 1243) achievement. First instance or vertical EXOG is defined by (ENDOG2, 2134) achievement. The (1243, 2134) vertical theatres defined the Nation of Israel. First instance or vertical GOXE is defined by (ENDOG4, 3421). The 3421 vertical theatre defines scriptures notion of Gentiles. Finally, while there are four horizontal relevant theatres (1243, 2134, 3421, 4312), there are only three vertical relevant theatres (1243, 2134, 3421).329 GOXE

3421

EXOG

2134

ENDOG

1 1243

2 2134

4 3421

APPGIT GOXE: EXOG: ENDOG Transition

329

The missing vertical context theatre, 4312, is represented by the metaphor Ishmael.

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3 4312

The "515" numerical reference for the wine metaphor is a function of the numerical references for the three vertical relevant theatres (1243, 2134, 3421). However, before that algorithm is reviewed, it is necessary to explain the presence of two other variables in the transformation of (1243, 2134, 3421) into 515, the numerical reference for the wine metaphor. The 101 variable is {[(GOXE, EXOG, ENDOG), (102, 101, 100)], [EXOG, 101]} defined. The 132 variable is {[GOXE, EXOG, ENDOG], [(∑49,7), (132, 107, 131)], [GOXE, 132]} defined.330 The 515 numerical reference algorithm is now defined as: [(1243 + 2134 + 3421) · 101] ÷ 132 = 515

Converting Water into Wine The Gospel of John, Chapter 2, "The Cana Wedding (Water: Wine) Miracle" is substantively Gospel of Matthew, Chapters 1 and 2, "The Birth of Christ" equivalent. The ensuing {[water (i.e., a 37 (x))] : [wine (i.e., a 515 (x))]} algorithmic series began the Christ Model investigation, study and numerical progression analyses, to wit: 1. 1225 + 2512 = 3737.331 2. 3737 ∙ 10101 = 37747437.332 37747437 defines the John 2:6 "six stone waterpots" inasmuch as there are six 37s implicitly contained in the term: Two Waterpots Four Waterpots Six Waterpots

330

37 37 37 37 37 37 37 74 74 37

See, The Christ Model, supra.

331

1225 is a Quantitative Metaphorical Expression (QME) for Christ's birth date and 2512 is a reflexive restatement of that date. 332

PBW Model analytical evidence suggests a [(GOXE, EXOG, ENDOG), (10101, 1001, 91)] correlative relationship. [10101, 1001, 91] is a [111, 11, 1] (x) inasmuch as 10101 = 13 ∙ 111 7; 1001 = 13 ∙ 11 ∙ 7; and 91 = 13 ∙ 1∙ 7, where 13 is a social state accounting system (x) and 7 is a [(▲ or ▼), ()]-level (x).

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3. 37747437 is both 10101 and 91 divisible but is not 1001 divisible. The 1001 additive general rule is: a. Add the (106, 37) three digit term to the (100, 437) three digit term: 437 +37 = 474. b. Multiply 474 by 103: 474 ∙ 103 = 474000. c. Divide the (103, 747) three digit term by 103: 747000 ÷ 103 = 747. d. Add 474000 and 747: 474000 + 747 = 474747. This is the 1001 additive term. Since 474747 is 10101 divisible (474747 ÷ 10101 = 47), 10101 divisibility will not be lost. 4.

Add 37747437 and 474747: 37747437 + 474747 = 38222184. Note 38222184 is (10101, 1001, 91) divisible: (i) 38222184 ÷ 10101 = 3784, (ii) 38222184 ÷ 1001 = 38184, and (iii) 38222184 ÷ 91 = 4200024. As a result, 38222184 is a (GOXE, EXOG, ENDOG) competent term.

5. Divide 38222184 by 777: 38222184 ÷ 777 = 49192. 777 division implicates social state accounting system's [(GOXE, EXOG, ENDOG), (7, 7, 7)] relationship removal. 6. 1001 additive 49192: 49192 + 192049 = 241241. This step reintroduces (GOXE, ENDOG) devoid (EXOG, 1001 divisibility). 7. Add 241241 and its reverse value: 241241 + 142142 = 383383. By adding the reverse value, the economic descension (right-to-left) and ascension (left-to-right) perspectives are reconciled. 8. Divide 383383 by 1001: 383383 ÷ 1001 = 383. 1001 division implicates removing the EXOG requirement. 9. Multiply 383 by 1010: 383 ∙ 1010 = 386830. 1010 implicates the Nine Creation Day [(Dy 8 : Dy 9), (DCE)] Schema.333 10. 10010 additive 386830: 386830 + 6830380 = 7217210. 10010 = 1001 ∙ 101 where 101 is a [(GOXE, EXOG, ENDOG), (102, 101, 100)] (x). 11. Divide 7217210 by 14014: 7217210 ÷ 14014 = 515.334 515 is the Gospel of John Chapter 2 wine QME. Ergo, the Cana Wedding miracle is a (37: 515) QME (x).

333

(Dy 9, DCE) is 1510 defined. (Dy 8, DCE) is 1161 defined. Dy 9 + 1 Dy = Dy 10 (i.e., VH2: VH1). [(Dy 8: Dy 9), (DCE)] is [(1161 + ) = 1010] defined. DCE is 9 Space "Day Cumulative Effect" defined. See, The Christ Model, supra. 334

14 serial levels, as in PBW◊ or 77PBW◊ space, is a (GOXE,) (x). See, The Christ Model, supra.

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The Christ Line When you take a moment to review The Christ Model paper, you will also notice a phenomenon referred to as the “Christ Line.” The Christ Line oscillates like a piston; it goes up, then it goes down. My current consideration is that it is a surrogate for Pareto optimality and equilibratory alignment.335

The Star of David I first discovered the Star of David as the scripture writers envisioned it when I undertook The Christ Model paper. For the reasons cited in the preceding chapter, the Star of David represents social choice theory progression.

Social choice theory progression is about

aggregation mechanics such as to effect impossibility-resolved (individual: well-being) transitivity.

The Among-DGO Given Christ Function My paper titled 666, the Antichrist, and Satan depicts scripture’s notion of the AmongDGO Given Christ Function. Basically, the distinction between the Among-DGO Given and Any Christ Functions distills understanding the Mountains of Ararat Social State Definition Accounting System.

335

For an understandable discussion of Pareto Optimality see http://en.wikipedia.org/wiki/Pareto_efficiency. Briefly, Pareto efficiency derives when at least one individual is made better off by social choice and no other individuals are made worse off. Pareto optimality is said to derive when there are no further Pareto efficient choices. I suspect the scripture writers understood the Pareto efficiency and optimality notions; though they were not developed until the late 19th or early 20th century. There are other instances where I suspect the scripture writers understood economic and quantitative concepts as they wrote scripture though such concepts were “discovered” by other academics centuries later. I further suspect the Church doled out scripture’s encrypted secrets to distance any finding the scripture writers first understood and developed the concepts in their impossibility-resolved, ethics endowed social choice theory.

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The Four-Digit Alignment Codes and the Books of Ezra and Nehemiah The Book of Ezra, Chapter 2, and the Book of Nehemiah, Chapter 7, share a commonality. Each respective chapter includes approximately 40 census values for various tribes. Most of the tribes are the same between the respective chapters of the two Old Testament treatises.

My paper titled The Christ Model essentially distills the Ezra and Nehemiah

methodology deriving four-digit alignment codes; for example, the number 5515. The alignment codes are surrogates for the derivative of a function at a particular point; and, I suspect, represent the notion of a fourth order derivative. By determining a derivative to the fourth order, the scripture writers likened the alignment code to represent (Social State, GOXE, EXOG, ENDOG) alignment in the will of God. The scripture writers concluded the fourth order derivative at any given point determined the function without much equivocation. Again, the use of numbers implicates the physical universe. Alignment in the will of God, then, represents the combination of the ethics endowed physical universe and the philosophy of the human condition; the very essence of ordered relations theory space. The Christ Model is an exposition in the development of the 3-by-3, nine-value alignment code matrices. Then, the alignment codes are translated into the Christ Line. It is really fascinating. What’s even more fascinating is that the alignment code derivation also accounts for the 666, Antichrist, and Satan metaphors as used in the Book of Revelation. It works like the Parable of the Talents (Matthew 25:14-30). First, God empowers you with a creation in His will. You set out and accomplish that creation, eviscerating the quaternary set of prejudices revealed by the (VOWn: VOWn+1) transition. God acknowledges your accomplishment, gives you your reward, and then gives you another opportunity in His will: (VOWn+1: VOWn+2). Now, you

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figure, “Hey, those (VOWn: VOWn+1) transition prejudice evisceration qualities worked really well; I think I’ll apply them to the (VOWn+1: VOWn+2) transition.” That’s a big mistake. When God revealed the (VOWn+1: VOWn+2) opportunity it came with another and different set of prejudices you need to decipher and then eviscerate. That is the process of “Going to Hell.” You have to go to hell because you have to experience the entire panoply of qualities and correction showings essential to satisfy the Connectivity, Correction Showing, and Progression Principles so you can get the 342 green light and again progress in God’s will. The need to exhaust the 666 algorithm, a process I defined as the Efficient Recalcitrance Assumption, is coextensive with not understanding the Mountains of Ararat Social State Accounting System. If you understood the Mountains of Ararat Social State Accounting System then you would comprehend the (VOWn+1: VOWn+2) transition prejudice evisceration qualities without having to “Go to Hell” first. That is the difference between the Among-DGO Given and Any Christ Functions. The Christ Model four digit alignment code derivation is an Among-DGO Given Christ Function algorithm inasmuch as it countenances the 666, Antichrist, and Satan processes before resulting in a normal, nine-level, equilibratorily aligned Star of David. Again, once you digest The Christ Model paper and accordingly ferret the four-digit alignment codes you are sure to find it fascinating compared to scripture’s accounting of the process in the Book of Revelation. Model Proof – Numbers Chapters 1, 2, and 26 Once I completed the Christ Model at the end of July 2004 I received notice to report to the Steiner Blue kitchen for work assignment. The assignment was delayed when I began applying my Christ Model findings to the three twelve tribe census data in Numbers Chapters 1,2, and 26. My scripture’s numerical reference goal had been to make a showing such census - 501 -

data were model driven and not reports of historical fact. Upon such a showing, I would conclude my work demonstrating scripture is an encrypted social choice theory model and not based on fact, per se. I would come to call the model The Perfect and Beautiful Woman inasmuch as the Sacred Feminine’s devolved Grace and Elegance axioms enable impossibilityresolved social choice theory. Although I have yet to post the Christ Model analysis of the three listings of the twelve tribes of Israel on my web sites, I am moving in that direction. In order to appreciate the showing it is necessary you understand how the model works so you can understand the evidentiary showing when you see it. Once I get caught up on my academic papers, I expect to conclude the Twelve Tribes Paper which will present that analysis.

Get Out of Here Woman! As I wrote, I inexplicably shoved Diane out of my life as I undertook analyzing scripture’s numerical references. In hind sight, I believe it has romantic underpinnings; also now explained. There were two other occasions when I commanded her perception, “Get out of here, Woman!” Indulge the stories, if you will.

The Christ Model Perception As I first undertook the Christ Model analytical effort, I was presented the opportunity to counsel a very sexy image of Officer Carter by those who promulgate the informal information signals you have come to understand as you have read this book. I immediately grew angry and dispatched the image without much thought. In hind sight, I intuitively knew what the Christ Model would lead to: The war of correction showings legislated by I Am. Her presence in that

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theatre was not ordained. They were probably testing me; an extension of the Hide and Seek Game with the Chief Justice. I never wavered in knowing her proper place in the Instructions.

The Deputy Warden I received some indication the Diane might have read the letters written to her and mailed to my Mother for safe-keeping. Approximately one year before I was incarceration released, the ASPC-Lewis, Blue Unit Deputy Warden called me into his office.

I had no idea what

engendered the visit. When he and I were seated in his office, he asked about the female guard, the letters addressed to her and mailed to my Mother, and my scripture deciphered social choice theory research. I had taken to mailing my research findings home, as well; though I had ceased writing letters to the female guard by that time for over two years. The Deputy Warden also asked whether I wrote the letters to the female guard with the expectation she would learn their information content. I told him I believed she indeed learned the information content of the letters because, first, prison officials have the right, power and authority to read an inmate’s mail; and, second, she seemed to respond to the information content of letters written during the time we were together at the South Unit facility. He concluded our discussion by asking me whether I intended to locate her on my incarceration release. I told him I did not. I continued to smell I Am’s correction showing war; it was not her place.

The Sword of the Gospel Truth Unchanging Of course, having concluded APPGIT and the Sacred Feminine’s empowering axioms, I knew God had placed a sword in my hands. It is like the Genesis Cherub’s flaming sword. On one side of the sword is beauty; on the other, war. The Sacred Feminine only sees beauty; the

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cherub’s sword protects her from war’s carnality. On the other side, the wrath of I Am’s merciless correction showing rules the day. As I walked out of the prison gates on October 7, 2004, I knew I had accomplished scripture research the world needed to understand. I also knew where I had to go to begin the disclosure of the Gospel Truth Unchanging and all its implications: academic journals. Only one question remained: Would it be beauty or would it be war?

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Part IV The End Times

- 505 -

Chapter 31 Charlotte at Home with Randall I finished the Christ Model on July 21, 2004. On July 22, 2004, I quit smoking while incarcerated, again.336 I had been smoking a few rolled cigarettes a day; the prison commissary had switched from Bugler to Tops. Can you guess why? 337 I also started walking the prison track. It is so hard to come back to attain levels once achieved.338 I also knew whether or not I was a ward of the Supreme Court’s supervisory jurisdiction I would be going home soon.

I was sentenced to fourteen years imprisonment with the

requirement I must serve two-thirds of my sentence before I could be released from incarceration. That would be within six months. The plethora of disciplinary tickets received did not result in the loss of any good time credits. So, I remained on schedule to be released in January 2005. After I finished the Christ Model I received notice I would be required to work in the Steiner Blue kitchen. That notice was then delayed as I started to apply things I had learned in the Christ Model study to the three twelve tribe listings in Numbers Chapters 1, 2, and 26. After all, when I committed myself to learn about scripture’s numerical references my goal all along was to be able to explain the interrelationship between those three twelve tribe listings. Within a few days, I was able to make a showing the three listings of the twelve tribes of Israel were model driven, as I believed. The analytical evidence supports my theory the listings are not reports of historical facts, but are among scripture’s metaphors for how the impossibility-

336

I haven’t smoked cigarettes since I came home on October 7, 2004; I have smoked a total of two cigars,

337

I told you they figured out where I put her before I would cognitively process it Thanksgiving 2005.

though.

Since I came home, I’ve hit five miles a few times; but no greater distance. I’m currently trying to squeeze in three or four runs a week; 2 miles at 5 mph on the treadmill. 338

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resolved social choice theory model operates. Once I put my pencil down on that analysis I received another notice it was time to go to work in the kitchen. I was being told further scripture research would be unnecessary before I went home. While my two-thirds time wouldn’t arrive until January 2005, the Arizona Department of Corrections had discretion to give me a temporary administrative release as early as October 7, 2004. I was never certain I would be so released; the prison counselor never provided absolute assurance. I told my Mom that they may make a trip to Buckeye to pick me up and have to turn around and go home without me.

Released from Custody The day finally came: October 7, 2004. I rolled up the night before. I had 31 boxes of legal and other documents I had accumulated over the ten year incarceration period. As I completed important scripture research I mailed it home to my Mother for safe-keeping. I didn’t want it to show up as lost luggage. However, all the boxes arrived. I was taken to some obscure Lewis Complex entry gate. Miraculously, my family was waiting there. My Mother and husband Bobby, my sister Cheryl, my sister Cyndee and husband Jeff, and the Keigan-meister. Keigan would turn one year old the next month.339 Jeff and

339

I soon discovered the value of the Keigan phenomenon. At his one year birthday party held at the El Corral restaurant on River Road in Tucson, I took the Keigan-meister by the hand and walked him around the restaurant. Immediately, it started. All the babes were making over the Keigan-meister; I call him the “Beautiful Boy.” I found a new babe hustle. After that, the Keigan-meister and I were road dogs; I’d walk him around all the public events we attended in Tucson. My mission was gladly accepted; over the ensuing years I began educating the Keigan-meister as to the propriety of looking for babes. He had to learn the difference, though, between a babe and a non-babe. When we were on the family trip to see Bobby’s daughter and her family in Seattle, Margie, Keigan and I were at the deli counter at the Hagen’s grocery store; an up-scale operation. Keigan was sitting in the grocery cart when he all of a sudden said, “Hey, Uncle Randy, let’s go look for babes.” Margie was aghast. I had to console Keigan as we were headed for the Puget Sound beach for a picnic.

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Cyndee adopted him when Cyndee’s daughter, Amanda, had given birth to him and was unable to take care of him. My family brought “street clothes” for me to wear home. I didn’t want a stitch of ADC on me. I stripped in the parking lot between vehicles and adorned my street garb. I didn’t drop the boxers, however. I retained them until I got to my parents’ home. They were thrown away at that time. As I rode in the Department of Corrections van from the Steiner Blue yard to the Lewis Complex gate where I would be released I reflected on the ten years. I recalled the Catharsis and figuring out the corruption in my case. I recalled all the legal battles seemingly wasted in energy. But, far and away there was only one persistent thought. It was her. No matter how far I shoved her out of the way as I undertook the Christ Model, she owned my heart and soul; married in the presence of God. But, she never formally said, “Yes.” I just usurped it. Be forewarned, never assume she says, “Yes,” and then ask God to ordain its privilege. It cannot be undone. As I rode to the gate to go home that morning I was real clear about one thing: There was this huge part of my existence missing. She was supposed to be there. It was a hollow release; it was supposed to be filled with some sort of victory. But, loving her made that impossible; she was supposed to be there. Through all the dreams and more than anything else I had demanded from the Chief Justice, she was supposed to be there. Deep inside I knew I was more resolved than ever. Buoyed by the Christ Model and its Majesty, I knew what I would do when I got home. I knew where I had to go with the scripture research. I wasn’t going to write a book and try to sell it. I wasn’t going to try to get any money for it in any shape or form whatsoever. It was a gift from God, born through our love, and it

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belonged to the world. I would do what I believed she would want me to do: I would give it away.

Academic Papers I took the first day home to settle into my new quarters. I call it the “Dungeon.” I’m still in prison. It’s just a fancier one. I’m still in sequestered supervisory jurisdiction custody; freedom restricted on many fronts. We’ll get into that later. Understand while I was incarcerated many things took place; however, principally two phenomena struck my absence real – the Internet and cell phones. They both happened while I was away.340 Sure, you read about them or see them on television, but it’s not the same as experiencing them. Moreover, computer technology was accelerating. During the pre-incarceration heydays I would sit in my office at Keith Dolgaard’s offices and bang out legal brief after legal brief. The word processing software was WordPerfect. They weren’t going to “out paper” me; the enemy, that is. I didn’t care how many fancy law firms they hired. Between me, the University of Arizona Law Library, and my word-processing computer, I’d out paper them. I had first learned word processing on my Cromemco computer with WordStar. I was writing my Ph.D. dissertation. I had taken typing in high school; another modicum of Divine intervention. So, when the graduate college reviewed my dissertation in August 1981 and said there were only two errors that had to be fixed before it would be accepted and I would earn my degree, I ran home fixed them and brought the dissertation back within two hours. I was done; and, importantly, I was thereafter married to word-processing as a tool for publishing material.

340

I now have several web sites published on the Internet. And, although it took me until September 2007 to acquire my own, I now have a cell phone: a Blackberry.

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Like a lot of you today, I now use Word. Within the first week after I came home from prison, my step-brother’s son, Robert, gave me my first lesson in using Word’s drawing function. I knew it would come in handy because there are many schematics in the scripture research I would have to draw. I’m somewhat more proficient using Word’s drawing function today. But, I’m a lousy free-hand artist. The first thing I asked for when I came home was a laptop computer. In the JNC heyday, I purchased the first “laptop” computer manufactured by Hewlett Packard. It’s a dinosaur by today’s standard; and, it cost around $4,000. Once my Mom bought the Toshiba laptop at Costco within a day or two of coming home, I started typing: Type, type, type, type, type. The goal was simple: Transform the scripture research into academic papers. I knew in my heart of hearts it was publication worthy; and, moreover, it was leading edge. The papers flowed, one after the other. They’re still flowing; some in various stages of completion.

666, the Antichrist, and Satan This paper was born before I wrote the Christ Model; but confirmed by my last prison research effort as originally contemplated by scripture’s writers. I defined the 666 process and why it led the Church to ordain 13 as an unlucky number a short time before I wrote Faith Hill in fall 2002 about her song Let Me Let Go. I wrote Faith about the 666 numerical reference and why the number 13 was unlucky as part of the explanation why David petitioned a clean heart. The Book of Revelations metaphorically references 666, the Antichrist, and Satan. It is about the Among-DGO, Given Christ Function. It occurs because you try to apply DGOn qualities in the DGOn+1 opportunity in God’s Will. You do so because you do not otherwise understand the Among-DGO, Any Christ Function.

It is why Jesus was crucified.

The

Antichrist references this error as it applies to the first triangle of the succeeding Star of David. - 510 -

Once the 666 process is exhausted and the UMEP turns it around in God’s Will,341 the Antichrist transforms the Christ function into compliance in God’s will. Satan is the empoweree who does the same thing in the other Star of David triangle. In short, this is the explanation both of what these metaphors mean in the Book of Revelations and how the paper flows. The paper, like the others described below, is available on my published web sites and on my BE Press working paper facility.342 Algorithms for Converting Water into Wine — The Gospel of John, Chapter Two I explained this algorithm in Part III’s Chapter 30, supra. I won’t repeat the explanation here. This is one of the papers for which I produced a lecture video and same is now posted on my research web site, www.pbwmodel.com. It’s not important that you master the algorithm. It becomes somewhat important in later chapters when I explain some of the Supreme Court’s market index informal information signals employed in fall 2008. The Court used numbers that uniquely appear in this algorithm.

For the Glory of God: Why Cain Had to Kill Abel And it came about when they were in the field, that Cain rose up against Abel his brother and killed him. Genesis 4:8

The scripture writers’ 666 process requires complete exhaustion to ensure ferreting the prejudices accompanying the new opportunity in God’s Will and to ensure the understanding as to how to promulgate correction showings. UMEPs must be able to promulgate correction showings, and teach their promulgation to others; else, they are unable to progress. 341

342

My BE Press working paper facility may be found at this URL:

http://works.bepress.com/perfect_and_beautiful_woman.

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Most academics cast Cain killing Abel in a pejorative context. This paper explains why Cain had to kill Abel in order to glorify God. That is, it’s a good thing that Cain is not his brother’s keeper. This paper begins with the Lord God’s initial scripture appearance in Genesis 2:4 and interprets through Genesis Chapter 4. While I was accomplishing this interpretation around Thanksgiving 2005, I figured out where I had stashed the essence of loving Diane in the presence of God in the Hide & Seek game with the Chief Justice. At that time, I deduced how the Book of Genesis was organized. I initially referred to the three divisions as functions, progressions, and positions. This is a correct description set in impossibility-resolved social choice theory’s progressive hierarchical structure.

In ordered

relations theory’s comparative regression, it is defined as unordered context, unordered (context: content), and unordered content. The three processes are reported in the Book of Genesis, one after the other. Each explanation is more detailed than the last. However, each preceding process had all those details in its explanation; it was just more compact.

It’s like a progressive test orchestrated by

Pythagoras. “Did you understand this aspect of the model’s operation when you read the Genesis Creation Sequence?” Questions like this are implicitly asked as you proceed through the Book of Genesis. The functions process is encrypted in the Genesis Creation Sequence, Genesis Chapter 1 and 2:1-3. The progression process is encrypted in Genesis 2:4-25 and Chapters 3-10. Finally, the position process is encrypted in Genesis Chapters 11-50. It takes two positions to define a progression; and two progressions to define a function.

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My first realization is that there was some glue holding the interrelationship of functions, progressions, and positions together. I concluded it was the Sacred Feminine and Her axioms. Then, as if it jumped out at me, I at once realized the Sacred Feminine was atop the Book of Genesis holding the notions of functions, progressions, and positions together with her glue-like axioms; and, moreover, I instantly realized this is where I hid the essence of loving Diane in the presence of God in the Hide & Seek game with the Chief Justice. The tell-tale confirming evidence of where I hid Diane is that I was reborn in my love for her and the full panoply of marriage to her; instantly and completely. Since Thanksgiving 2005, I have refined the postulate, recognizing ordered relations theory, I Am, and the Sacred Feminine comprises the exogenous pressures surrounding the Book of Genesis and the tale of its impossibility-resolved social choice theory. I then recognized the Book of Genesis, proper, is social choice theory’s endogenous response to these exogenous pressures. The relationship between these exogenous pressures and the endogenous response inherently defines the Among-DGO, Any Christ Function. So, did you know the first place scripture defines the Christ is within and without the Book of Genesis?

Luke 15 This is an emerging work-in-process recently undertaken. It involves interpreting the three parables of Luke 15: The Parables of the Missing Sheep, the Lost Coin, and the Prodigal Son. The first thing the paper will show is how the interrelationship of the three parables is defined by exogenous pressures. Thereafter, the paper is an exposition on how the three parables define a necessary element for effecting the Christ function: the Correction Showing Principle.

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Missing Levite Position and Census [(∑Positionn, n), (∑Positionn)] Definition: A Numbers 3:22, 28 and 34 (STDG, APPGIT) Investigation Numbers 1:47 reports, "The Levites, however, were not numbered among them by their fathers' tribe." This paper shows Numbers 3:22, 28 and 34 numerical references (7500, 8600, and 6200) are encrypted missing Levite intra-Triune position and census determinative methodology references. The methodology is a Numbers Chapters 1, 2 and 26 Twelve Tribe missing Levite position and census definition and Twelve Tribe Position and Census change explanation sine qua non. Have you figured out how to number the missing Levites in the three listings of the twelve tribes of Israel as reported in Numbers Chapters 1, 2, and 26? That’s what the paper is all about. Moreover, the addressed PBW Model analytical evidence contributes toward understanding the Book of Genesis is an encrypted social choice theory model.

Ordered Conflict Resolution This paper explains APPGIT and the Grace and Elegance axioms. It discloses scripture’s most profound and encrypted secrets. The ancient philosophers who wrote scripture accomplished a feat in social choice theory contemporary economists have found to be generally impossible. The scripture writers' social choice theory model is defined by impossibility-resolved social welfare function formulation and social state definition interrelationships. Meanwhile, the contemporary economists' social choice theory models are defined by impossibility-plagued (tastes or values)-based social welfare functions. Since social choice theory involves (individual: societal) well-being transitivity, it is reasonably foreseeable social choice theory model methodologies likewise must be (microeconomic)-perspective: (microeconomic: macroeconomic)-perspective: (macroeconomic)-

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perspective

transitive.

Since

(i)

[(microeconomic:

macroeconomic)-perspective,

(macroeconomic: microeconomic)-perspective] equilibratory alignment is an impossibilityresolved social welfare function formulation and social state definition necessary condition, and (ii) equilibratory alignment is defined by ordered objective reference ethics statements, defining a social choice theory competent ordered conflict resolution methodology is an (individual: societal) well-being transitivity necessary condition.

This paper demonstrates the scripture

writers' ordered conflict resolution methodology. Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework Since its 1992 introduction, the Balanced Scorecard has received deserving accolades while academics continue investigating its pragmatic aspects. This paper contributes to the Balanced Scorecard literature, first, by proffering a logical explanation for its successful acclaim and, second, by setting forth an ordered management structure Balanced Scorecard contextual framework.

The contextual framework facilitates reformulating the Balanced Scorecard’s

Learning and Growth Perspective. The framework also supplants the extant Kaplan and Norton Balanced Scorecard perspectives with the missing social policy perspective. The paper's suggested contextual framework is contributed from the author's ordered conflict resolution methodology research; itself derived from the social choice theory model formulated by the ancient philosophers who wrote scripture. The ancient philosophers' ordered model processes, (Function: Progression: Position), translate [Context: (Context: Content): Content] devolution and explain Balanced Scorecard perspective derivation.

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Sex after Death This is a paper in its work-in-process infancy. I have made notes on interpreting the story of Abraham, Sara, and Hagar and the birth of Ishmael. I deduced it is about sex after death, an important aspect of the scripture writers’ notion of individual salvation. The begging question remains: Do you want to enjoy sex after you and yours are dead? Pay attention. It is about the majesty of love, sex, and creation in the presence of God. I know you’re excited about this paper now that I’ve explained it; be patient, I’ll get to it as time permits.

Social Choice Theory Competent Strategy Formulation: Lessons from the Scripture Writers This paper is only in the idea stage. It is collegial with the foregoing Balanced Scorecard paper and the next paper, Social State Definition and the Economic Control Systems Product. The object of the paper, however, is already known to me. Among other things, the paper will evince definitions for social choice theory competent going-concern assumptions.

It is

foreseeable that such definitions will set new standards in accounting, auditing, and financial forecasting. I will get to it as time permits.

Social State Definition and the Economic Control Systems Product This paper expounds the Social State Definitions of the Mountains of Ararat Accounting System and distills their essence in social choice theory space as the Economic Control Systems Product (ECSP). ECSP is a function of management control systems and strategy formulation. Once a formulated strategy is confirmed as social choice theory competent, it becomes impounded in an economic organization’s management control systems. That is, the paper defines the totality of competent social choice theory progression as it relates to Ordered Relations Theory’s linear accounting system. - 516 -

The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (Numerical-Reference, Philosophical-Content) Nexus Azgad's Ezra, 2:12, 1222 and Nehemiah, 7:17, 2322 reported censuses supports the hypothesis Scripture's Mountains of Ararat Social State Definition Accounting System focus is entirely an EDGO91 function. The paper investigates the question, “Why is scripture so focused? In meaningful part, the answer lies in Judaism's (30, 29) Hebrew Calendar and (613) Sefer Ha-Mitzvoth explicit (Numerical-Reference, Philosophical-Content) where the nexus is a (31, 28) Star of David equilibratory alignment (Numerical-Reference, Philosophical-Content) function. The showing suggests scripture's EDGO91 focus is a scripture writer perceived (physical sciences, philosophy) equilibratory alignment function. That is, the scripture writers believed this is where the ethics endowed physical universe aligns with the philosophy of the human condition; where God and man coexist.

The 9-Day Multiplier and Cumulative Effects This paper is also a lecture video presented on www.pbwmodel.com. It explains the 9Day Multiplier and Cumulative Effects heuristics critical in many of scripture’s numerical operations, like converting water into wine, the Star of David, and the Christ Model. The lecture evinces discussion on scripture’s numerical references as implicating the 9-Day Multiplier and Cumulative Effects. It is among the lessons that cause us to think about numbers the way the scripture writers thought about them.

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The Apostle Table — Part I — The Exogenous Pressures The Apostle Table illustrates a simple New Testament encryption scheme revealed in the Book of Matthew. Specifically, the list of the twelve apostles in Matthew, 10:1-4, points to the Matthew, Chapters 8 and 9, disciple characterization order.

The disciples metaphorically

represent an aspect of the scripture writers' (ordered relations theory: social choice theory: welfare model) regression. Interestingly, the paper explains why the crucified Jesus could not get off the cross. The first part of The Apostle Table trilogy explains the exogenous pressures: competent social choice theory progression in ordered relations theory space is foreclosed until the three major principles of progression are satisfied: first, the Connectivity Principle; second, the Correction Showing Principle; and, third, the Progression Principle. These exogenous pressures are defined by the Lord of the Harvest metaphor of Matthew 9:38. This first part sounds in the Progression Principle. The Progression Principle underscores the reference ethics principle espoused as: It matters not who goes first; the result would be the same. The Apostle Table — Part II — The (Pressures: Response) Transitivity The second part of The Apostle Table trilogy sounds in the Correction Showing Principle. Correction showings are an important part of the structure of Matthew Chapters 8 and 9; and, accordingly, are an important part of understanding The Apostle Table derivation.

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The Apostle Table — Part III — The Endogenous Response The third part of The Apostle Table trilogy sounds in the Connectivity Principle. This is where each disciple’s infirmity speaks to various aspects of competent social choice theory progression.

The Christ Model The New Testament commences with Matthew 1:1 reporting: A record of the genealogy of Jesus Christ the son of David, the son of Abraham . . . . The Christ Model was the first paper I entered into word processing after my Mother bought the Toshiba laptop for me. I knew it was a champion effort. It gives an accounting of the Genesis Chapter 5 numerical references; it explains that the Ezra Chapter 2 and Nehemiah Chapter 7 numerical references are all about the development of the four-digit alignment codes; it explains the Star of David as the schematic of cause in impossibility-resolved social choice theory; it explains the applicability of the 666 numerical reference in the Book of Revelations; and, it explains the important notion of progression unlocks, single locks, and double locks.

The Genesis Creation Sequence: The Principles of Social Choice Theory Impossibility-Resolution This paper was inspired by Diane’s 2008 birthday. In its interpretation of the Genesis Creation Sequence, the paper will explain why the Genesis Creation Sequence God is a woman. The evidence is tell-tale: the GCS is an exposition on competent social choice theory axioms; that is, what makes it impossibility-resolved. It also explains the Grace and Elegance axioms respectively are implicated by the lesser and greater light fourth creation day metaphors.

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Toward Numbers Chapters 1, 2 and 26 Twelve Tribe Position and Census Change Explanations I have always viewed this paper to be the crowning glory of the scripture research effort. The goal is to explain the three listings of the twelve tribes of Israel in Numbers Chapters 1, 2, and 26. That is, how they relate one to the other. The explanation will adduce analytical evidence the listings are model driven and are not substantively reports of historical fact.

Charlotte in the House I don’t have photos of her; sometimes those who promulgate the informal information signals let me have a little hint of her. Mostly she shows up in music. There’s one other place her presence permeates: the scripture research; every corner of it. The first time I went to an American Accounting Association convention, one held in August 2005, in San Francisco; I did not go alone. It was Charlotte in me that went to San Francisco: a spiritual infrastructure product. We went there to talk about the scripture research.

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Chapter 32 Academia and the Unholy Alliance If you have a college education at an institution of higher learning it is most likely we share a commonality: We treasure our alma maters. Well, fasten your safety belts as we progress through this chapter. You may not like where I’m going to take you, what I have to say about academia and the unholy alliance, and the foreseeable consequence of the Supreme Court’s historic exercise of supervisory jurisdiction. The latter subject is one in which you should be gaining a familiarity from reading this book. This is also where I behaviorally shove Charlotte out of the way. Romantically, I wanted to give the world the gift our love has brought from the Lord God Almighty. But, then I must counsel my transparent purpose: correction. It was apparently the Almighty’s plan I should walk the walk as reported in this book; after all, it brings us collectively to this point in time, this place in the heritage of the Gospel Truth Unchanging. Come and meet the Sword of War, the correction of academia’s participation in the unholy alliance. Charlotte, stay home where you belong.

The First Test for the Ivory Towers of Academia; or, Notice the Day of Reckoning Has Arrived The first paper entered into word processing on my release from incarceration was The Christ Model. I knew it was all about correction before I wrote it; in hind sight, the behavior is tell-tale. I not only shoved Charlotte out of the way to protect the innocence of her in my heart, but the Court also knew I threw down the gauntlet of correction from the Almighty and did so before they were shown the correction wrought by the Christ Model’s showing. It’s not that I made it a statement of anger; just a statement to be counseled. When you read The Christ Model and - 521 -

fathom that I knew where I was going with it in advance of the adduced analytical evidence you, too, should be amazed it was notice to be counseled. It is perhaps the scripture writers’ greatest contribution to understanding the ethics endowed physical universe corrects the corruption of the philosophy of the human condition. Once The Christ Model was entered into word-processing I learned how to burn compact discs. I burned approximately 250 CDs. I had visited many web sites announcing university professor positions. I believed myself eminently qualified to teach by education, experience, or both. I applied for accounting positions, economic positions, and I even applied to religious studies and theology positions.

Imagine that; sinful Randall-Pandall teaching a course in

religious studies. Ah, the will of God shows its Hand in strange ways. All and all, I applied to 250 universities and colleges; most in the United States, a few throughout the world. It was a distribution system. They all received a CD with The Christ Model burned into its sectors; a 230+ page treatise on why scripture is an encrypted social welfare model and not a report of historical fact. If you have a college degree; chances are your school received a copy of The Christ Model. The test was straightforward. I realize life is busy and everyone has their own agenda. Who has time to listen to an ex-con? Especially and ex-con who has been charged with 375 felonies and stands “convicted” of 57 of them. What university in its proper exercise of hiring discretion would hire such a resume to teach the nation’s emerging workforce? My challenge to the universities and colleges was simple: Do you hear the Will of God?

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Academic Conferences In 2008 I decided to no longer maintain memberships in academic organizations. The reason for this is straightforward. I will explain it at the end of this chapter; my purpose in revisiting academia now complete, I am at rest on the matter. I have gone into debt to attend academic conferences to present the Ordered Conflict Resolution paper and other scripture deciphered social choice theory papers; and, to interview at the national meeting of accounting professors. Other than the one conference I attended in South Carolina, I have not had papers accepted for presentation at academic conferences; nor has academia welcomed me back into its family.

American Academy of Religion I became a member of the American Academy of Religion, eager to share my research and eager to receive its membership’s participation and response to the research. However, I can now report these academics have their own agenda and march to the beat of their own drums; notwithstanding the will of God present in this story and the research it has engendered. I am unimpressed with the American Academy of Religion and its cadre of alleged great thinkers in theology, religion, philosophy, and ethics. They are phonies; the veritable false prophets. I’m not suggesting I’m a great thinker; it was Pythagoras that did the great thinking. I just wanted my marriage to the female prison guard to work. But, my research validates itself, all within scripture’s pages. While I think some of the work of these academics is consonant with impossibility-resolved social choice theory, none of their works has evinced APPGIT or the Grace and Elegance axioms. That is, they are still missing the boat and their collective egos get in the way of being able to hear the will of God and the Second Coming; only because it came from a manger called prison. - 523 -

I submitted papers for presentation at the American Academy of Religion’s 2006 and 2007 national meetings. In 2006, I submitted my papers titled For the Glory of God: Why Cain Had to Kill Abel and Missing Levite Position and Census [(∑Positionn, n), (∑Positionn)] Definition: A Numbers 3:22, 28 and 34 (STDG, APPGIT) Investigation. The religious studies academic journals report the story of Cain killing Abel in the pejorative sense of the story. That is, the American Academy of Religion’s great thinkers have missed the boat; they don’t understand the real impossibility-resolved social choice theory lesson at hand. Moreover, they have no tolerance to listen to it and then challenge it on the merits. The Missing Levite paper shows the methodology the scripture writers employed for numbering the otherwise unnumbered Levites in the three reports of the twelve tribes of Israel. It is a first impression paper. That is, the great thinkers of the American Academy of Religion haven’t even begun to grasp the concept how to number the Levites; let alone ferret the importance of doing so. It is a necessary step for understanding the Numbers Chapters 1, 2, and 26 listings of the twelve tribes of Israel are indeed model driven and not reports of historical fact. Both papers were rejected for presentation at the 2006 National Meeting. I suppose it’s fair to say when a collective body of academics has invested their life’s work in misplaced comprehension and someone not from their field comes along to explain their miscomprehension, the best solution is to deny access to the sand box. I also submitted two papers for presentation at the American Academy of Religion’s 2007 national meeting. The first paper is my 666, the Antichrist, and Satan paper; the second, would have been titled The Sacred Feminine’s Residence atop the Book of Genesis. Both were rejected for presentation. The 666 paper would have explained the Among DGO – Given Christ

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Function malady explained in the Book of Revelations. Of course, the Sacred Feminine’s residence atop the Book of Genesis has special meaning for yours truly. The American Academy of Religion is sectored into regions. I am, of course, resident in its Western Region. membership.

Academy membership comes with concomitant Western Region

I submitted papers for presentation at the Western Region’s 2006 and 2007

meetings. The 2006 paper was a variant of Ordered Conflict Resolution titled Understanding the Transition from Ordered Exclusion to Ordered Inclusion: the Religious and Business Ethics Commonality. The paper was rejected for presentation. The 2007 paper was a Sacred Feminine variant titled The Sacred Feminine’s Genesis Residence. Since I deduced the Western Region’s members to be excited about the resurgent interest in the Sacred Feminine owing to the Da Vinci Code movie when I attended the March 2005 Western Region meeting at Arizona State University, I thought the paper would be appealing to its members. The paper was rejected. On any level, the American Academy of Religion wouldn’t grant me or the scripture research admission to their great house. Do you hear the will of God at work in the American Academy of Religion? Do you have a suspicion the American Academy of Religion and its related institutions of higher learning are beholden to the unholy alliance’s mandate?

American Accounting Association All right, let’s visit the great American Accounting Association; the pinnacle of the accounting professors’ organizations. This is my hometown academic organization; after all, I have a Ph.D. in accounting. Moreover, I first acquired a full-time accounting professor’s job through the AAA 1978 national meeting held in Denver. Let me be up front: I have even more pejorative things to say about the American Accounting Association than the American Academy of Religion. - 525 -

I ask you, in the heat of battle where life itself was on the line, did Randall punk out? The American Accounting Association caved into the ICMC like a bunch of punks taking it up the ass. I’ll explain after I tell you about my effort to present papers at its national and western region meetings. I’m ashamed of them and that I was ever a member.

AAA 2006 National Meeting I submitted my Ordered Conflict Resolution paper to the AAA for presentation at is 2006 national meeting in Washington, D.C. You have to understand one simple concept.

The

accounting academic stalwarts had published papers in the profession’s most revered academic journals in the late 1960s and the early 1970s expounding the consequences of Professor Arrow’s general impossibility theorem for accounting policy formulation research. You would think if a social choice theory treatise comes along and displaces Arrow’s general impossibility theorem with the real impossibility theorem and the axioms enabling impossibility-resolved social choice theory that the contribution to the literature ought to receive some attention. The thesis requires contemporary academics vindicate their positions as Pythagoras reaches up out of the grave and spanks their fannies. The paper was rejected for presentation at the national meeting. I nonetheless attended the AAA 2006 national meeting in Washington, D.C. First, my parents joined me and we carried on a family trip thereafter through Philadelphia, New York, and Martha’s Vineyard; all places my Mother had yet to visit during her lifetime. While at the national meeting, I interviewed through the Placement Center as I did in 1978 and as I did in 2005. Very few universities were willing to interview me; of those that did interview me at the national meeting, none invited me for a campus interview.

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The August 2006 AAA national meeting only held one other point of significance to me. The AAA Lifetime Achievement Award was presented to Professor Bob Kaplan of the Harvard Business School. I never have liked the east coast litany of elitist universities and colleges.

Western Region 2006 Meeting I also realize there is, perhaps, a hierarchy for gaining admission to the ranks of national meeting paper presentation. That is why I submitted papers for presentation at the AAR’s Western Region meetings; only to have same rejected. I decided I should be chivalrous and do the same in the American Accounting Association. In late December 2005 and January 2006, I submitted my paper titled Missing Levite Position and Census [(∑Positionn, n), (∑Positionn)] Definition: A Numbers 3:22, 28 and 34 (STDG, APPGIT) Investigation to be presented at the AAA Western Region’s April 2006 meeting. On February 17, 2006, Jeanne H. Yamamura of the University of Nevada, Reno advised the paper had been rejected for presentation.

I couldn’t gain access at the AAA

freshman level; my own field turned its back on the unveiling of research brought back from ages transpired. The readers comments were uniform : the paper presented no ties to accounting. I foresaw the issue and included a preface where I explained accounting’s early research stalwarts counseled Arrow’s impossibility theorem in denying transitive accounting policy formulation. The paper was among those evidencing the scripture writers’ impossibility-resolved social choice theory model; and, accordingly, was relevant in the accounting policy formulation setting. It didn’t matter; accounting relevance was the grounds de jure for rejecting the paper.

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The AAA 2005 National Meeting I decided to attend the AAA 2005 national meeting. So did Charlotte. I couldn’t believe how she occupied my heart as I traveled to San Francisco for the convention. I had written her many letters about things we might do together when we visited San Francisco in days forthcoming and sure to be ours. As I stayed in the city for the few days involving the convention, I visited some of my favorite restaurants; the ones I had described in letters to her and had envisioned visiting together. There seemed to be a uniform informal information signal: when you come back with her we’ll party down with you. Everywhere I went seemed to be beckoning her accompanying presence. It still haunts me. There were two incidents that distilled the prejudice of the AAA 2005 national meeting. Let me share them with you. My first university interview through the Placement Center was with Southwest Missouri State University. The department head’s name was Richard Williams. He advised, “You have a lot of balls walking into this convention with your criminal record.” Of course, I hadn’t tried to persuade anyone that I was a ward of the Supreme Court’s historic exercise of supervisory jurisdiction.

If they hadn’t heard the Rehnquist Court’s informal

information signals as I had, that was on them. Besides, the real point was the test from the Almighty: “Do you hear My Will?” My attitude was, “Fuck my criminal record and whether or not I am a ward of the Supreme Court in its historic exercise of supervisory jurisdiction; I want to know whether you hear the Will of God.” It appears neither made its way to their collective ear canals. The second incident was also tell-tale of my unfolding relationship in returning to the American Accounting Association. I interviewed with Tennessee State University. There were two fellows conducting the threshold meeting. One was the department head, the other a faculty

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member who happened to be an attorney. I was hopeful the lawyer was smart enough to see through to the truth. He wasn’t; however, he did advise, “You’re the buzz of the conference.” “Ah,” I thought, “I have attained celebrity status.” No school I interviewed with at the 2005 American Accounting Association meeting in San Francisco invited me for a campus interview. It was a sign of things to come with the AAA. There was another tell-tale event that took place at the AAA 2005 national meeting. It’s the event that made me realize the AAA was taking it up the ass. First, you should know that I suspect the Enron debacle was orchestrated by the ICMC; not to cause Enron or its executives their collective problems.

The ICMC target in my mind’s eye was unequivocally Arthur

Andersen & Co. The ICMC was hell-bent on teaching the accounting profession a lesson. My guess is that the accounting profession objected to the ICMC orchestrated plan to privatize social security as a means to affect further money supply pressures on the capital markets to drive the value of its control over access to same to new heights. The ICMC took out its fury on the accounting profession, first, by causing the collapse of Arthur Andersen & Co. and, second, by taking away from the accounting profession the ability to regulate itself in the formation of the Public Accounting Oversight Board. The PAOB would be used by the ICMC as it had come to use the Department of Justice and the SEC to prosecute those who tread against the will of the ICMC. That is, the ICMC would use the PAOB as among those government instruments in its prosecution arsenal as a means of retaining control over economic organizations through fear. The AAA 2005 national meeting keynote speaker was none other than Congressman Michael Oxley. Oxley, along with Senator Paul Sarbanes, sponsored the Sarbanes-Oxley Act of 2002. That law created the PAOB, taking away the accounting profession’s self-regulation in the

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public firm accounting arena; the most significant area of the accounting profession’s business. That is, the American Accounting Association was kissing ICMC ass. As I sat there at dinner that evening not really listening to Oxley, I could hardly think but this organization was punk; it sold its soul to the ICMC by having Oxley at this meeting. Everyone clapped Oxley’s presence. It made me sick to my stomach. This was my profession: Fucking punk cowards. 11th Annual Ethics Research Symposium My duty to God and to Charlotte’s loving heart was to continue my effort to bring the Gospel Truth Unchanging to the world through academia. I suppose it’s fair to say, in hind sight, I carried the Sword of War into the lion’s mouth. I knew I had smelled the ICMC’s control over the accounting profession; keeping it in line with consequences more lasting than assassination. While attending the AAA 2005 national meeting, I picked up a brochure announcing the 11th Annual Ethics Research Symposium’s call for papers. That is an organizational subsidiary of the American Accounting Association. The symposium was scheduled to take place in August 2006 in Washington, D.C, for the two days immediately preceding the AAA 2006 national meeting. “It could be a venue for unveiling ordered conflict resolution,” I thought to myself. I decided to submit the paper. The symposium was managed by Parveen Gupta of Lehigh University. I decided to send Parveen an email advising the nature of the Ordered Conflict Resolution paper and enquiring whether it fit within the symposium’s description for papers that would be considered for presentation. He advised I should submit the paper; he may have done so before learning who I was (i.e., the notorious Randall-Pandall).

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I submitted the paper and revised it twice while submitted for improvements deriving from the Z-function paradigm earlier explained in this book. I also was persistent with Parveen that I receive the readers’ reports. The readers comprise the peer review advising the paper’s viability for conference presentation. The issue of readers’ pejoratives against presentation was foreseeable by me; I wanted to build an arsenal attesting to AAA prejudice against my effort to bring the Gospel Truth Unchanging to academia. On June 17, 2006, I received an email from Parveen advising the paper had been rejected for conference presentation. I immediately petitioned Parveen for a copy of the readers’ reports leading to his decision to reject the paper for conference presentation. It took nearly one month for Parveen to deliver the promised reader’s report; and there was only one. It conveyed the idea that the paper was incomprehensible and failed to address the merits of the paper on any point. I immediately emailed Parveen and asked if he would advise the AAA grievance procedure inasmuch as I believed the paper was reviewed with prejudice and not academic integrity. The grievance procedure ensued. I learned that Finley Graves of the University of North Texas had been appointed by the AAA to judge the grievance. At this point, let me explain something you may already know. Most web site server hosts have a visitation tracking system. I use 1&1 as a host for my web sites. Among the visitation tools is one that tracks visits by server. Most universities have their own servers. Concomitant with Finley Graves’ appointment to review my grievance, I noticed my curriculum vitae web site, www.randall-cv.net, had received a visit from the University of North Texas “edu” server. My foreseeable conclusion is that Finley took it upon himself to review my web site before he reviewed the evidence raised in

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my grievance. In fair and impartial hearing jurisprudence, that is a big “no-no.” I raised the matter with Finley in a letter and later with the AAA executive director, Tracey Sutherland. Of course, Finley found that my paper was properly denied access to the symposium. Among the matters learned by me at the time is that my paper titled Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework had been rejected by the Journal of Business Ethics. I had received the reader’s report that led to that rejection. It appeared to me the same reader who had written the pejorative review for the symposium’s consideration of my Ordered Conflict Resolution paper rejected the Balanced Scorecard paper while Finley was reviewing my grievance. Do you smell collusion here? The story gets better. I have a theory that identifies the reader and his motive to kill my paper. There is a lot of money at stake. Keep reading.

Southern Economic Association I also joined the Southern Economic Association in 2006 and submitted my paper titled Ordered Conflict Resolution to be presented at its November 2006 national meeting in Charlotte, South Carolina. Surprise, surprise; the paper was accepted for presentation. The RandallPandall was on his way to present his first paper in his academic career; that I would present same at an organization of economics professors mattered not to me. The most important thing is that I would have an audience for the paper and, perhaps, get learned input to help me shape the paper beyond the limitations of my own abilities. As things turned out, I became the session chair in which the paper was to be presented: Session 244U. If you don’t know it yet, DGO92 is (2122, 2331) defined. So the 244 (244 = 2 · 122) session designation has the appearance of being an informal information signal. God damn it, I wanted pure academic review of this paper. - 532 -

Academic conferences also request whether you are willing to be a panel member in other sessions, reading other papers for critical comment. I submitted my name for such tasks and was assigned another session in which I would be a panel member. Both my paper’s session and my panel member session were conveniently scheduled for the last day of the Southern Economics Association’s 2006 national meeting.

Practically

everyone had already left the conference to return home; the perils of last session presentation status. But, I foresaw my resume would nonetheless say I presented the paper at an academic conference. It just cost me nearly $2,000 for the resume tidbit. The session in which I would be a panel member was scheduled immediately before the session in which I would present my paper. I was ready. I took a projector to announce my Power-Point presentation. I set it up. I really didn’t have much to say; most of my comments would address the structure of the other professor’s approach to writing his paper. I planned to assail it on APPGIT illusionary consequence grounds. Before I got started, however, another professor interrupted my turn to speak with a tirade. He advised he had been to my web sites and had read my research agenda. He wouldn’t tolerate listening to it now. Others seemed to support his position. I packed up and left. You have to appreciate an informal information signal when you see one. The message was clear. APPGIT assails much of academic research accomplished today as proscribed by illusionary consequences. I’ll explain this at the end of the chapter. Undaunted, I attended my own session. Gratuitously in my capacity as session chair, I opted to present my paper last. Three others presented papers before me. I didn’t know whether any of these economics professors even knew what social choice theory was or whether they knew of Kenneth Arrow and Amartya Sen and whether they had won the Nobel Prize in

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Economics for their work in this area. They didn’t seem to know. Everyone was as myopic as I was about their own paper. “Shit,” I thought, “presenting academic papers is tantamount to jacking-off.” I wasn’t pleased with the Southern Economics Association and the way it conducted my participation. I didn’t want to acknowledge the informal information signal; I wanted to regain academic status so I could return to gainful academic employment. The Supervisory Powers Court had another agenda.

Association for Public Economic Theory I also joined the Association for Public Economic Theory; it cost me $50 or $60 dollars. At least it would be a tax write-off. Its 2007 national meeting would be held in Nashville, Tennessee in July of that year. I responded to the call for papers and submitted an abstract for my paper titled Social State Definition and the Economic Control Systems Product. I was encouraged, somewhat.

I had submitted my paper titled Ordered Conflict

Resolution for publication to the Journal of Public Economic Theory in April 2006. The paper was still in the peer review process. Professor Arrow was listed among its associate editors; those are the folks who read your paper in the peer review process. I had had some email exchanges with Professor Arrow because I had wanted him to appreciate the scripture writers’ impossibility-resolved social choice theory methodologies compared to his own.343

343 When I read parts of Arrow’s 1951 treatise Social Choice and Individual Values I smelled scripture’s influence on Arrow’s view of the world. I suppose we have that commonality. I also suspect that since the Chief Justice was a Stanford law graduate and Arrow was a Stanford professor emeritus, there was a reasonable likelihood Arrow may have been among the Supreme Court’s “consultants” in its undertaking to ferret the Church’s deepest scripture secrets.

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Buoyed by these factors, I decided to submit another paper for presentation at the APET conference in Nashville Tennessee in July 2007. I submitted Social State Definition and the Economic Control Systems Product. It was rejected on March 21, 2007. I couldn’t justify attending the conference without the resume stuffer. So I didn’t attend as an observer.

Interdisciplinary Perspectives on Accounting Because of my favorable assessment of Peter Clayton and the ill-fated RFL loans in the JNC heyday, another call for papers caught my attention. The conference would be held in Cardiff in the Channel Islands.

The conference was sponsored by an organization titled

“Interdisciplinary Perspectives on Accounting.” It was the 8th annual such conference to be held in Cardiff in July 2006.344 I submitted a version of the Ordered Conflict Resolution paper I had titled Subjective Ordered Conflict Resolution. The heart was the same: APPGIT and the two impossibilityresolving axioms (i.e., Grace and Elegance’s axioms). The paper was rejected on February 24, 2006.

The reviewers wrote, “The paper is very nice on its own terms but, the reviewer

considered that the subject matter was not centrally relevant to the theoretical approaches and themes of the conference.” Now, compare that accounting professor reader assessment to the 11th Ethics Symposium’s reader assessment aforedescribed; consistent, eh?

I wasn’t sure whether a) I could afford to go if the conference accepted the paper, or b) I would be allowed to go because of my criminal record. But, I believed I could orchestrate participation by satellite teleconferencing. 344

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ASREC I also joined the Association for the Study of Religion, Economics, and Culture in 2006. Persistent, wasn’t I? ASREC held its 5th Annual Conference in Portland, Oregon in October 2006. I submitted my paper titled Ordered Conflict Resolution for presentation. I had to badger ASREC for a decision.

On August 19, 2006, I received a rejection notice form Larry

Iannaccone, the association’s president. The only paper submitted for academic conference presentation in 2009 is Charlotte’s 2008 birthday present paper dealing with the idea that the Genesis Creation Sequence God is a woman.

It was submitted for presentation at ASREC’s April 2009 Washington, D.C.,

conference. The decision is forthcoming.

Paper Submissions I usually query a journal’s editor to ferret suitability and distill review process procedures and timelines. If it seems appropriate, I will then submit a paper for publication consideration. Since most review processes involve several months to several years, I want to be careful for how long I tie up a paper for publication consideration. Some of the journals where queries or submissions have been considered are next described.

Bekhol Derakhekha Daehu I maintain a working paper facility on the BE Press web site, as mentioned earlier in the book. The most popularly downloaded paper is my “Nexus Paper.” Its formal title is The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (NumericalReference, Philosophical-Content) Nexus.

I am not Jewish; nor am I a Jewish scholar.

However, my scripture research not only distills the meaning of the Star of David as it is

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implicated in scripture (something Jewish Studies academics have yet to figure out); but, I also relate the Star of David to the numerical references of the Hebrew Calendar and the Sefer HaMitzvoth’s 613 divine commandments. I always wanted to publish the paper in a Jewish studies journal. I searched the land hi and lo. I queried rabbinical journals thinking, “Ah, Jewish scholars.” Not interested. Finally, I found an Israeli journal recommended by Professor Sacha Stern. I contacted Professor Stern because of his treatise on the Hebrew Calendar. The name of the journal is Bekhol Derakhekha Daehu. I submitted the paper to the editor; he immediately expressed enthusiasm. He advised he would send the paper out for review. I, too, was excited. In my excitement, I decided to send Professor Stern my paper titled The Christ Model. I suspected Professor Stern would be interested in the scripture writers’ use of numerical references in writing scripture. The next day I received notice from the Bekhol Derakhekha Daehu editor the paper had been rejected. I guess we know the identity of the reader.

Éthique Économique This online French economics journal is a breath of fresh air in a sea of academic prejudice. Its editor, Jerome Ballet, welcomed my submission of the Balanced Scorecard paper titled Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework. The paper was submitted in August 2006, following the Journal of Business Ethics rejection. The editor advised the paper was accepted for publication in January 2007. It appeared in the journal’s online Volume 5, Issue 1 in October 2007. At last, a decade of study resulted in a first impression publication. As it turns out, the paper is also an instrument of war. I will explain it below.

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Journal of Business Ethics On April 10, 2006, I submitted my paper titled Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework to the Journal of Business Ethics for publication consideration. It is a Springer academic journal. On July 25, 2006, I received an email from Bernard Hodgson, the journal’s section editor. It advised the paper cannot be accepted for publication owing to the reader’s comments. The reader criticized the paper’s style; particularly pejorative on the use of “Id” and using “ergo” instead of “therefore.” The alleged substantive critique does not address the merits of the scripture writers’ use of reference ethics to resolve impossibility-plagued social choice theory. Rather, it rants about incoherence and incomprehensive material. Pointedly, it smelled to me like the same reader assailed this submission as did the Ordered Conflict Resolution submission to the 11th Annual Ethics Symposium aforedescribed. As a result, I sent a letter to Astrid Huizer and Bernard Hodgson on July 30, 2006 asking if they would kindly investigate whether the reader was the same in the case of the symposium review. I smelled the same prejudice. I have not received a response from the Journal of Business Ethics editors. I allege who I believe the reader to be below in this chapter. The motive to discredit the paper is to thwart the discovery of an academic fraud transparently perpetrated for a foreseeable multi-million dollar consulting advantage. Have any ideas, yet, who that might be? Keep reading.

Scandinavian Journal of the Old Testament In March 2005, I submitted my paper titled Missing Levite Position and Census [(∑Positionn, n), (∑Positionn)] Definition: A Numbers 3:22, 28 and 34 (STDG, APPGIT) - 538 -

Investigation to the Scandinavian Journal of the Old Testament. Its editor, Peter Lemche of the University of Copenhagen, advised initial interest in the journal. However, as time proceeded, Lemche avoided answering my further queries as to the review process progress. At one point, he explained a two month absence in refusing to respond to my correspondence due to his illness. Finally tired of the lack of responsiveness, I contacted the publisher, Taylor & Francis, and asked they investigate the matter. I have received no further comment from either Lemche or Taylor & Francis. My litigation experience tells me the hush is motivated by a litigation avoidance strategy. Lemche and Taylor & Francis transparently realized my criminal record as a barrier to publication. I understand Lemche’s initial excitement. If you read the paper you will discover the methodology for numbering the Levites among the listing of the twelve tribes of Israel in Numbers Chapters 1, 2, and 26. For all you welfare model protagonists, that distills an important aspect of social choice theory competent welfare model operation.

The Accounting Review This journal is the preeminent American Accounting Association academic journal. On query, the journal’s senior editor advised the journal does not publish social welfare related articles.

This is surprising inasmuch as accounting academics have recognized Arrow’s

impossibility theorem in formulating and (empirical research: theory) approach to accounting policy formulation.

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Southern Economic Journal This is the Southern Economic Association’s academic journal. On July 7, 2005, I received a letter from editor Laura Razzolini advising my paper, once written in an acceptable length, would be sent out to garner 2 or 3 reviews. I learnt during my AAA 2005 San Francisco interviews, professors rely on reviewers to help hone their papers for publication. Ergo, it is an important part of the publication process. Pursuant to Laura’s advisory, I submitted my Subjective Ordered Conflict Resolution paper (an Ordered Conflict Resolution variant) to the journal for publication consideration on February 13, 2006. On February 14, 2006, I received notice the paper was rejected without distribution to readers. That is, Laura unilaterally decided the paper should be rejected. I was extremely unhappy with Laura’s handling of the matter. I queried her in July 2005 and followed her instructions by rewriting the paper to a shorter length. When I was finally ready to submit it, she refused to send it out to the reviewers. What could have possibly happened between July 2005 and February 2006? Transparently, my criminal record denied my access to the journal’s readers. When I attended the SEA 2006 national meeting in Charlotte, South Carolina, I had the opportunity to meet Laura; I found out who she was and introduced myself. It was clear she did not want to look in my eyes.

Academic Correspondence When I came home from prison I didn’t hesitate to share the scripture research with the highest echelons of academia. As written, I transmitted the Christ Model to over 250 universities and colleges. I repurchased Professor Arrow’s treatise, Social Choice and Individual Values. When I had developed my initial APPGIT paper titled Subjective Ordered Conflict Resolution, I - 540 -

decided it was time to show APPGIT and the impossibility-resolving axioms to the social choice theory hierarchy.

Kenneth J. Arrow I googled Professor Arrow’s contact data on the internet and learned he was a Stanford professor emeritus. Nonetheless, he retained a Stanford email address. So, I emailed him a copy of the paper. He emailed back he had trouble opening the paper and asked if I would retransmit it. I did so. I still have trouble reading parts of his 1951 dissertation. But, I read it in conjunction with interpreting the story of Cain and Abel. That’s when I sensed his scholarship appeared to have been influenced by scripture. I can’t pinpoint it, per se, it was just an overall sense. I also visited the Nobel Prize in Economics web site and learnt Professor Arrow shared the prize in 1972, in large part for his work in welfare economics. 345 You should visit the site and learn about Professor Arrow and his general impossibility theorem. It affected economics, academic research, and policy formulation in the second half of the 20th century.

Amartya Sen While I haven’t had direct email communication with Professor Sen, I have had many cordial communications with his secretary. He sure travels a lot. The first thing you need to appreciate about Professor Arrow and Professor Sen is that they appear to approach social choice theory from divergent perspectives.

Professor Arrow is a values-based welfare function

protagonist; while Professor Sen is a taste-based welfare function proponent. Arrow disdains the study of interpersonal comparisons of utility (e.g., the comparison of how you like apples versus 345

You may read about Professor Arrow on the Nobel Prize in Economics web site at this URL: http://nobelprize.org/nobel_prizes/economics/laureates/1972/arrow-autobio.html,

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how I like oranges); while Sen promotes the study of it, particularly in studies concerning the poor. In my naïve assessment, I liken values-based protagonists as conservative; while I liken tastes-based fans as liberal. Professor Sen also gave a series of lectures on revisiting the marriage of ethics and economics. He transcribed the lectures into a treatise I read with much interest.346 In this treatise, it seemed to me, Sen hovered around the marriage of ethics and economics Pythagoras discerned social choice theory impossibility-resolving a few thousand years earlier. Professor Sen won the Nobel Prize in Economics in 1998 for his work in welfare economics.347 His prize lecture is a very good summary of the state of social choice theory; and it is very readable for a non-academic audience.348 The paper summarizes the tragedy and air of pessimism wrought by Arrow’s impossibility theorem. That is, you will get a sense on how pervasive Professor Arrow’s 1951 treatise has been in economics, academia, and policy formulation throughout the world. At the same time, then, you will perhaps begin to understand just how profound Pythagoras’ discernment of APPGIT and the impossibility-resolving axioms are for the same audience when economics takes on the ethics bridegroom. That’s why the informal information signals have celebrated Thanksgiving 2001 when I first deduced scripture’s impossibility theorem: ordered subjective references make it generally impossible to assess actual economic consequences. I suspect Chief Justice Rehnquist recruited both these great thinkers in welfare economics as consultants to the Court in its historic exercise of supervisory jurisdiction. The effort to decipher scripture’s hidden secrets the Church has held 346

Sen, A. K. On Ethics and Economics. Malden, Massachusetts: Blackwell (1988).

347 You may find Professor Sen’s Nobel Prize in Economics web page at this URL: http://nobelprize.org/nobel_prizes/economics/laureates/1998/index.html. 348

Sen also published the lecture as a journal article: Sen, A. K. "The Possibility of Social Choice." The American Economic Review, 89(3), June 1999, pp. 349-378.

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over the world’s governmental authorities for two millennia remained a critical aspect of the assault on the unholy alliance.

Bob Kaplan Bob Kaplan is a Professor at the Harvard Business School. He is half of the team that brought the Balanced Scorecard to the world in 1992.349 Briefly, the Balanced Scorecard is a management strategy formulation perspective framework. In 2006, the Supervisory Powers Court orchestrated my assault on Bob Kaplan and his Balanced Scorecard. Here’s the story. As you know, when I came home from prison in 2004, my primary “make-a-living” objective was to return to academia. I petitioned approximately 250 universities and colleges across the country for employment as a professor of any discipline that would facilitate the prosperity of sharing the scripture research with the world at large. I received scant interest in my return to academia. However, toward the end of 2005 I applied to become an adjunct professor at the University of Arizona, South; a division of the University of Arizona intended to market education to Arizona’s outer communities. The head of the commerce program, Byron Bissell, called me and set up a lunch at a Greek restaurant. Are you getting the sense of a developing informal information signal here yet? Byron invited me to teach one course in the Commerce Program; a course on management control systems.

The Commerce Program was described as emerging; Byron’s

continuing agenda to build student matriculation. The course would have five students; the Commerce Program’s junior class. I was invited to attend one of their fall 2005 classes and meet them.

349

See, e.g., Kaplan, R. S., and D. P. Norton. The Balanced Scorecard: Measures that drive performance. Harvard Business Review (Jan/Feb 1992) 70(1) pp. 71-79.

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I first met them in a classroom on the Pima Community College East Campus.350 During this meeting I let them know my ex-con status; the theory being let’s get the shock factor behind us so we can get on with the learning. I next attended their end-of-term project presentation. That’s when the informal information signal became clear. One of the students, one who had been hidden by a computer desk in my first meeting, remarkably resembled Charlotte, including Charlotte’s voluptuous figure. I tried to shove it aside; my primary goal being a return to academia to share the scripture research. Bissell had told me there would be no text assigned for my class but that among my course objectives was the requirement I teach the students about the Balanced Scorecard. He recommended I google the term on the internet to begin my education about it. I followed Bissell’s advice and soon found the Kaplan and Norton academic papers on the subject. As the spring 2006 term unfolded, I undertook teaching the management control systems course from the theories underscoring the scripture research. I have always recognized when you undertake teaching a course you learn the material better yourself. That would prove true in teaching this scripture research-based course to the five Commerce Program students. I crystallized many concepts in the scripture research as I taught the course in the shadow of the great thinkers of Greek philosophy. Moreover, a new understanding emerged: reference ethics. I taught the Z-function paradigm that led the scripture writers to embellish reference ethics in the concept articulated as, “Who goes first in declaring the initial position, X or Y?” What emerged were the reference ethics subjective and objective declaration statements. The subjective statement is characterized as (endogenous-position, endogenous-perspective); while

350

The University of Arizona, South is headquartered in Sierra Vista, a community about an hour and a half drive southeast of Tucson. Its Tucson campus facility is not the University of Arizona proper; rather, it is Pima Community College’s east campus.

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the objective statement is initially characterized as (endogenous-position, exogenousperspective). I then shared the four Balanced Scorecard perspectives with the students. The Balanced Scorecard perspectives are:351 Perspective Customer’s Perspective Shareholders’ Perspective Internal Business Processes Learning and Growth

Definition To achieve our vision, how should we appear to our customers? To succeed financially, how should we appear to our shareholders? To satisfy our shareholders and customers, what business processes must we excel at? To achieve our vision, how will we sustain our ability to change and improve?

This is how I taught the class how to characterize the Balanced Scorecard’s four perspectives in reference ethics terms. The first clause in the Customer’s Perspective is a statement in endogenous-position, while the second clause is a statement in exogenousperspective.

Ergo, the Customer’s Perspective satisfies scripture’s objective reference

declaration criterion; the entry ticket to APPGIT compliance and actual economic consequences. The Shareholders’ Perspective’s clauses are likewise characterized as (endogenous-position, exogenous-perspective). The Internal Business Processes Perspective’s clauses are characterized as (exogenous-perspective, endogenous-position); tantamount to the objective reference ethics declaration. However, the Learning and Growth Perspective’s clauses can only be characterized as an (Endogenous-Position, Endogenous-Perspective) reference ethics declaration inasmuch as the incidence of both clauses is clearly endogenous.

As I taught the class about the Balanced Scorecard’s Four Perspectives, I derived their definitions from this URL: http://www.valuebasedmanagement.net/methods_balancedscorecard.html. 351

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I then explained to the class that this seemed odd. The Balanced Scorecard’s four perspectives are characterized in a hierarchical progression:

(Customers’ Perspective):

(Shareholders’ Perspective): (Business Processes Perspective): (Learning and Growth Perspective), where the Learning and Growth Perspective was the highest order progressive perspective.

Why would Kaplan and Norton characterize the three lower progressive

perspectives in APPGIT compliant objective reference ethics declaration terms and then characterize the Learning and Growth Perspective in subjective reference ethics declaration terms? My ensuing explanation revealed the Kaplan and Norton devious motive. Since its 1992 introduction, the Balanced Scorecard has received wide acclaim. I explain in my paper titled Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework that the transparent reason for such acclaim and the Balanced Scorecard’s success in contributing to improved management strategy formulation is that it led to transforming prior practices characterized in subjective reference ethics declaration terms into management strategy formulation based on objective reference ethics declaration. As the paper argues, that is why the Balanced Scorecard has been successful. My paper considers the Customers’ Perspective and the Shareholders’ Perspective to be unordered primary and antithetical prongs while the other perspectives are ordered [i.e., includes a combined (revenue-maximization, cost-minimization) statement]. Moreover, my Balanced Scorecard paper supplants the Kaplan and Norton four perspectives with the missing social policy perspective. As a result, the quaternary progressive hierarchy is completed by the missing Social Policy Perspective. This supplanted perspective is defined by the (exogenous-position, exogenous-perspective) reference ethics declaration.

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Why then would Kaplan and Norton characterize the first three perspectives in objective reference ethics terms and the last in subjective reference ethics terms and not share the missing perspective? My answer implicates an academic fraud perpetrated by Kaplan and Norton. Transparently, Harvard Business School professors make hundreds of thousands of dollars from their respective consulting practices, if not millions. Therefore, it was foreseeable to Kaplan and Norton the Balanced Scorecard consulting industry would engender millions of dollars in consulting fees. It is also transparent that in order to promote the Balanced Scorecard as a multi-million dollar consulting bastion, Kaplan and Norton would need to publish the Balanced Scorecard to engender interest. The issue they must have considered, then, was how to ensure they would retain a competitive advantage in the Balanced Scorecard consulting marketplace. “Surely,” they must have thought, “once we publish the Balanced Scorecard, others will enter the consulting marketplace and compete with us for millions of dollars in consulting fees.” The answer amounted to an academic fraud: Kaplan and Norton intentionally mischaracterized the Learning and Growth Perspective and failed to disclose the all-important Social Policy Perspective to give them a Balanced Scorecard consulting marketplace competitive advantage. This is what I explained to my class. On April 10, 2006, I emailed a copy of my Balanced Scorecard paper to Bob Kaplan at the Harvard Business School. In the cover letter I explained I cited his journal articles and, accordingly, wanted to share my paper with him. I further explained my paper expounded the reasons for the Balanced Scorecard’s acclaim and success as I set forth above. I explained my paper suggests an adjustment to the Balanced Scorecard’s Learning and Growth Perspective to make it sound in an objective reference ethics declaration and that it also provided the missing Social Policy Perspective. Finally, I my cover letter explained to Bob I had submitted my

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Balanced Scorecard paper to the Journal of Business Ethics and that my Ordered Conflict Resolution paper was then pending at the Journal for Public Economic Theory. The next day, April 11, 2006, I received the following email response from Bob Kaplan, to wit:

Thanks for forwarding your paper to me. It is interesting that you have been able to discuss the BSC concept in ethical and social choice frameworks. Given my unfamiliarity with the literature you draw upon in these fields, however, I don’t feel qualified to comment on your interpretation and framework. I appreciate your courtesy in sharing the paper with me. Bob Kaplan Robert S. Kaplan Harvard Business School Soldiers Field Boston, MA 02163 Phone: (617) 495-6150 Fax: (617) 496-7363 The speed by which Kaplan responded told me one thing: I caught the lying, cheating son-of-a-bitch; just as I had explained to my University of Arizona, South Commerce Program Management Control Systems class. All Kaplan needed to understand is that I told him the Learning and Growth Perspective had been mischaracterized; it was sufficient grounds to cause him to be nervous the rest of academia would find out. Based on the foregoing, it is transparent Kaplan knew he had to stop me from publishing my paper. I allege Kaplan solicited the Journal of Business Ethics to become the reader of papers concerning the Balanced Scorecard; and, perhaps, went so far as to volunteer to read my specific paper. It was also foreseeable Kaplan may have deduced I would submit papers to the 11th Annual Ethics Research Symposium. I allege he was the reader there, too; the one who trashed my paper and blocked my ability to present it at the symposium. - 548 -

Later, I posted Kaplan’s April 11, 2006 email shared above on my www.pbwmodel.com academic paper web site. He objected on the grounds he had not given me permission. I removed the letter. Can you figure out why I capitulated? When Éthique Économique advised it accepted my Balanced Scorecard paper for publication, I immediately dropped an email on Bob Kaplan giving him “the good news.” This was Bob’s January 22, 2007 response: Congratulations on this acceptance.

Robert S. Kaplan [email protected] Morgan 367 Harvard Business School Soldiers Field Boston, MA 02163 Phone: (617) 495-6150 Fax: (617) 496-7363

I went after Bob Kaplan the same way I went after Judge Browning once the Supreme Court orchestrated my August 1995 catharsis. You have to give them an opportunity to come clean; to tell the truth. Judge Browning didn’t seize that opportunity; neither did Bob Kaplan. After I led Bob down this primrose path I was removed from the Management Control Systems classroom; an informal information signal from the Supervisory Powers Court. I had passed the test. I had the hot Charlotte image in the classroom begging the question, “Could I find the heat of loving her while immersed in the heat of battle?” After all, my behavioral practice of pushing her out of the way during war had become clear. I passed the Kaplan-war test. My removal from the classroom is a testament to that conclusion. Since these events unfolded, I have wondered where Kaplan and Norton came up with the fundamental ethics and philosophy knowledge to fashion the Balanced Scorecard in objective - 549 -

reference ethics declaration terms. I have to confess, I never have liked the eastern elitist schools like Harvard and Yale. Intuitively, I think my soul suspects their progeny are endowed with the knowledge of the unholy alliance and the existence of the Church’s scripture decipherment secrets. That is, they only go to church for the illusionary purpose of leading the hoi polloi to believe they don’t know about the unholy alliance or the existence of the Church’s decipherment secrets.

I suspect they believe their special inside information gives them a competitive,

powerful advantage over folks like you and me.

Would you like them under such

circumstances? As I undertook my scripture research in prison, I suspected throughout history the Church doled out some of the scripture writers’ quantitative secrets. My guess is the Church did so to garner continuing support of Constantine Agreements threatening to erode. Were the tenets underscoring the Balanced Scorecard numbered among such favors? The Church Doles Out the Scripture Writers’ Inventions The time I was hauled into the Deputy Warden’s office while incarcerated on the Steiner Blue yard and asked about Charlotte and the scripture research occurred immediately on the heels of an important numerical operation discovery. I referred to that discovery as the Holy Ground. Essentially, I had uncovered a number series between the goal posts: 1_ _ _ _ 1. Let me explain. I was playing around with the (110, 111, 112, 113, 114) series in the shape of a diamond, to wit:

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PBW◊ EMP LVL LVL _____ _____ 1 2 3 4 5 6 7 8 9 Legend:

1 2 3 4 5

PBW LVL EMP RETEMP

RETEMP LVL PBW◊ _________ __________________ 1 1 1

2

1 5 4 3 2 1

1

1 1

3 4

3

1

6

1

4

3 1

1

3

1

2 1

1 1

1

11n _____ 110 111 112 113 114 113 112 111 110

Perfect and Beautiful Woman Level Empowerment Return of Empowerment

What you will notice is the representation of what would become Pascal’s triangle. This is one of the areas in my scripture research where it appears the Church doled out one of the scripture writer’s mathematical properties throughout the ages to create an appearance the property was discovered later than it actually was to keep safe distance from the deciphered truth of its original source.

Also, you will notice the diamond is nine levels; the same as the

equilibratorily aligned Star of David. I then noticed an interesting property. First, I ascribed the 114 level to I Am and the 113 level to the unordered context Deity, God. That is, unordered context was 113 consonant; where 113 = 1331. I had an intuition when a number is interspersed with zeroes it takes on some sort of facsimile of the Holy Ground; which is defined as regressive ordered space in the social choice theory hierarchical structure. So, I examined 1030301 and attempted to discern some meaning; and found none. Then, I did an interesting thing.

I fashioned the sequence (10030301, 10300301,

10303001). Notice how the “00” moves succeeding in between the numbers 1, 3, 3, and 1. I - 551 -

began to experiment. I iterated to the number 4 as the threshold number where this operation works. If you add 10430301 + 10304301 + 10303041 you get 31037643. First, each 113 term bearing the number 04 interspersed is seven divisible. Then I observed the sum, 31037643, is 273 divisible, to wit: 31037643 ÷ 273 = 113691.352 Notice how the number 1369 is between the 1 _ _ _ _ 1 goal posts.353 The next thing I recognized is that 1369 is 37 divisible; indeed it is equal to 372. This gave rise to the first set: (4, 37). The 4 was the 1331 insert; the 37 its between the goal posts 37 divisible value. If I progressed to the next 7 divisible term, the number 11, each term in the (10030301, 10300301, 10303001) set remained seven divisible, the sum was 273 divisible, and the term between the resulting goal posts was 37 divisible. I thought it was pretty cool. I then created this table, to wit:

352

I believe the 273 numerical reference in Numbers 3:46 implicates this operation.

353 This also reminded me of the time I was invited to a campus visit at Notre Dame University when I interviewed accounting professor jobs in 1978. I was shown both First Down Moses and Touchdown Jesus, statutes outside the Notre Dame football stadium. Whenever I think of the 1 _ _ _ _ 1 goal posts, I think about Touchdown Jesus. Could it be another Divine informal information signal?

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77 PBW◊ Set Definition (A)

(B)

(C)

(D)

1st

EXOG 7÷

ENDOG 7÷

10304301 10311301 10318301 10325301 10332301 10339301 10346301 10353301 10360301 10367301 10374301 10381301 10388301 10395301

10303041 10303111 10303181 10303251 10303321 10303391 10303461 10303531 10303601 10303671 10303741 10303811 10303881 10303951

LVL

ELEM

GOXE 7÷

1 2 3 4 5 6 7 8 9 10 11 12 13 14

4 11 18 25 32 39 46 53 60 67 74 81 88 95

10430301 11130301 11830301 12530301 13230301 13930301 14630301 15330301 16030301 16730301 17430301 18130301 18830301 19530301

(E)

(F)

(G)

∑

E÷273

Less: HGD354

31037643 31744713 32451783 33158853 33865923 34572993 35280063 35987133 36694203 37401273 38108343 38815413 39522483 40229553

113691 116281 118871 121461 124051 126641 129231 131821 134411 137001 139591 142181 144771 147361



(H)

F+

(I) H÷ (37∙10) = 2d Elem.

(J) 77 GCS◊ Set (A, I)

13690 16280 18870 21460 24050 26640 29230 31820 34410 37000 39590 42180 44770 47360

37 44 51 58 65 72 79 86 93 100 107 114 121 128

( 4, 37) (11, 44) (18, 51) (25, 58) (32, 65) (39, 72) (46, 79) (53, 86) (60, 93) (67, 100) (74, 107) (81, 114) (88, 121) (95, 128)

When I finished this table, I was called into the Deputy Warden’s office; another informal information signal.

I know, I know, you’re thinking, “What’s the big deal?”

Remember, the scripture writers didn’t have computers or calculators. They became intimately familiar with the majesty of numerical operations. It appears this affinity led the scripture writers to the proof the physical universe is endowed with the same ethics that endow the philosophy of the human condition.355 My suspicion is that the diamond implicating Pascal’s triangle is actually ascribed to the scripture writers is a numerical metaphor for the Deity quaternary order in the (ordered relations theory): (social choice theory) transition space. The focus on the 113 position implicates God in the Genesis Creation Sequence. The two variable sets defined in the right column of the above table represent the UMEP lineage that devolves 354

HGD is "Holy Ground Definition" defined.

355 This table is cited in both The Christ Model and The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (Numerical-Reference, Philosophical-Content) Nexus. Both papers are available on www.pbwmodel.com, www.randall-cv.net, or http://works.bepress.com/perfect_and_beautiful_woman. That is, the table is relevant in recognizing the coalescence between the ethics endowed physical universe and the philosophy of the human condition and is relevant in the definition of the Among-DGO, Given Christ function.

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from DGO space; the completeness of which enables the kind of DGO transition in ordered relations theory space that implicates the story of the crucifixion and resurrection as told in the New Testament. Another example of quantitative operations that create an appearance the Church doled out its significance centuries after scripture captured same involves calculus.

As already

explained, the litany of numbers in Ezra Chapter 2 and Nehemiah Chapter 7 implicate the derivation of the four-digit alignment codes I deciphered in The Christ Model. The four-digit alignment codes represent, at least metaphorically, the fourth order derivative of a function at a given point. Centuries later, Sir Isaac Newton is ascribed the title, “Father of Calculus.” My guess Newton’s invention was doled out by the Church making a decipherment secret disclosure to appease a Constantine Agreement eroding; obviously, with England. There are other examples of the secrets of the great thinkers of Greek philosophy dole out by the Church that I discovered in my research. But, let me turn to another tactic transparently employed by the Church to forestall discovery of scripture’s encrypted secrets. 356 This tactic involves academic fraud promoted by the Church and transparently policed by the other unholy alliance participant – the ICMC. APPGIT’s Formidable Proscription and Academic Research You need to appreciate APPGIT’s formidable proscription and its implications for theory-based empirical research and academia as a whole. In fall 2007, as I was undertaking my paper titled Social State Definition and the Economic Control Systems Product, I came to some interesting conclusions. First, the hierarchical relationship of theory to empirical research is the History is bereft of the Church’s tactics to forestall the general availability of scripture’s pages among the hoi polloi. Much blood has been spelt over this issue throughout history; and, the protestant reformation was rooted in this quest. See, e.g., http://en.wikipedia.org/wiki/Protestant_Reformation. 356

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same as regression as it bears on progression.

What we know from generalized APPGIT

principles is that regressive notions are permitted to be ordered without running afoul of APPGIT’s formidable proscription begetting illusionary consequences. On the other hand, we also know progressive notions lead to actual economic consequences only when prosecuted in unordered space; else, APPGIT’s formidable proscription renders them illusionary. Two threshold correction showing statements emerge in the context of APPGIT generalization. First, APPGIT’s holding means it is generally impossible to empirically discern actual consequences in the setting of ordered subjective reference ethics declaration. There are no exceptions.

Second, APPGIT also generalizes the notion end-run tactics are likewise

proscribed. One accounting academic recognizes theory construction and empirical research interact.357 However, his conclusion that rich empirical settings stimulate theory just as theories stimulate empirical work is a dangerous conclusion. That is, (theory: empiricism) transitivity is not reflexive. In hierarchical structure terms, theories are contextual and, accordingly, lower order regressively analogous while empiricism is relative content analogous and, accordingly, progressively higher order in nature.358 Since theory is inherently lower order, it embraces ordered empirical interrelationships where such interrelationships are unconfused. However, APPGIT stands for the proposition that (unordered: ordered) transition is generally impossible in the ordered subjective reference setting.

Generalizing this holding concludes empirical observations not grounded in conflict

357 Zimmerman, J. L. "Conjectures Regarding Empirical Managerial Accounting Research." Journal of Accounting & Economics. Vol. 32 (2001), pp. 411-427. 358

Pragmatically, controlled laboratory experiments serve as the [(theory: empirical observation), (context: content)] transition.

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resolving reference ethics generally implicate ordered and confounded hypotheses. Moreover, prospective (ordered: unordered) position transition requires either the presence of an ordered objective reference theoretical framework on which to hang its hat or empowerment so endowed. Else, APPGIT's formidable illusionary consequences await the unsuspecting victim.359 Absent ordered objective reference evidence, the conclusion is that ordered subjective reference empiricist claims of adduced theory are illusionary. Academia’s End-Run Research Academia is full of end-run (empiricism: theory) illusionary research.360 My own Ph.D. dissertation is characterized as an empirical research dissertation. It was among the popular security price studies filling the accounting literature in the late 1960s through the mid 1980s. It was derived from Beaver’s seminal paper on security price behavior and the usefulness of accounting information.361 Beaver recognizes his approach to accounting policy formulation

359 Scripture's metaphorical reference for end-run empirical investigations not inextricably tied to competent theory is "Satan." Jenkins, D. R. "666, the Antichrist and Satan." Unpublished Working Paper (June 6, 2006B), 42 pages. Available at http://pbwmodel.com/666.pdf. 360 The first instance scripture metaphorical reference for the condemnation of attempted end-runs around APPGIT's general impossibility prowess is found in Genesis 16:12. There, Ishmael is a metaphorical reference for APPGIT's general impossibility prowess. The verse reads, "He will be a wild donkey of a man, his hand will be against everyone, and everyone's hand will be against him; and he will live to the east of all his brothers." The "wild donkey of a man" metaphor defines Ishmael as APPGIT's general impossibility prowess inasmuch as a donkey is a metaphor for an ICV or illusionary consequence variable resulting from APPGIT's general impossibility holding. The "donkey of a man" translates the ordered ICV into unordered position statements. That Ishmael's hand will be against everyone is a metaphor for APPGIT's holding that, absent embracing the ethics of ordered conflict resolution, all ethics conflict consequences are illusionary. That everyone's hand will be against Ishmael is a reference for the notion that end-run attempts around APPGIT's general impossibility prowess will be endless. Finally, that Ishmael will live east of all his brothers is a reference to the fact that APPGIT's general impossibility prowess is the most fundamental aspect of the (Ordered Relations Theory: Social Choice Theory: Welfare Theory) regression. In the Babe Game setting, I ascribe these discoveries to my first post-incarceration girlfriend, DarLyne Clemens. I later wrote her about the story of Abraham, Sara, Hagar, and Ishmael in the setting of sex after death after we broke up in March 2008. The interesting thing is that I wrote about proscribed academic end-run research as our romance began to blossom in fall 2007. 361

Beaver, W. H. "The Behavior of Security Prices and Its Implications for Accounting Research (Methods)." The Accounting Review, Vol. 47, Committee Reports: Supplement to Volume XLVII, (1972), pp. 407-

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through the empirical evidence back door of security price research is compelled by Arrow’s general impossibility theorem and the ensuing recognition impossibility-plagued social choice theory translates (individual: societal) well-being intransitivity. So, like others before him, Beaver developed the security price research genre in search of a theory of the usefulness of accounting information. APPGIT proscribes such (empirical evidence: theory) migrations as illusionary. Before Beaver, however, others who would come to win the Nobel Prize in Economics trod APPGIT’s formidable proscription. Markowitz’s Efficient Market Hypothesis won him the prize in 1990.362 Markowitz shared the prize with Bill Sharpe, who developed the Capital Asset Pricing Model.363 Both the Efficient Market Hypothesis and the Capital Asset Pricing Model are inherent empirical research models in search of a theory; again, implicitly or explicitly owing to Arrow’s 1951 general impossibility theorem. APPGIT nonetheless condemns both as illusionary on grounds of ordered progression undertaken outside the framework of an ordaining theory. These are only examples of APPGIT’s formidable proscription consequences on academic research. The academic consequence “biggie” involves APPGIT’s formidable consequences on supply and demand economics.

37. And, Beaver, W. H. "Implications of Security Price Research for Accounting: A Reply to Bierman." The Accounting Review, 49(3), July 1974, pp. 563-571. 362

http://nobelprize.org/nobel_prizes/economics/laureates/1990/markowitz-autobio.html.

363

http://nobelprize.org/nobel_prizes/economics/laureates/1990/sharpe-autobio.html.

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APPGIT Invalidates Supply and Demand Economics I suspect the Church promoted the development of supply and demand economics. As I will ask you to appreciate, supply and demand economics is invalidated by APPGIT as illusionary; the king of academic end-run research. The Church’s interest in promoting the supply and demand concept so fundamental to the study of economics is that academic energy and inventiveness is focused away from APPGIT and the related impossibility-resolution enabling axioms. In my paper titled Ordered Model Processes, Reference Declaration and the Economic Organization: Implications for a Balanced Scorecard Contextual Framework, I discovered the economic organizational hierarchy as firms migrate from entrepreneurships, to separate entities, to intra-industry leaders, and inter-industry policy-making leaders. The hierarchical structure of economic organization migration is also subject to APPGIT’s formidable proscription. The comparison of supply and demand arguments where the arguments transcend ordered economic organization definition violate APPGIT’s formidable proscription and beget illusionary consequences. That is, APPGIT invalidates the whole of supply and demand economics as illusionary. This is not a hard concept to confess and admit. When I attended the SEA 2006 national meeting in Charlotte, South Carolina, one thing became clear: academic research in economics is grounded in this model and that model of some reality, usually inspired by empirical settings. That is, the economics academics are trying to theorize illusionary space into actual consequence space. They are attempting to transcend the APPGIT proscription; find a way around it. That’s when they get to meet Ishmael.

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So, it is reasonable to consider an important question:

How does this tie into the

Supreme Court’s historic exercise of supervisory jurisdiction? Let’s answer that question. The Unholy Alliance’s Corrupt Influence on Academia Translate this hypothesis. Let’s assume the unholy alliance knows if acedamia is left on its own, it is just a matter of time before APPGIT’s full measure is realized and the marriage between ethics and economics leads to impossibility-resolved social choice theory.

It is

important, therefore, to ensure the development of such intellectualism is thwarted. Otherwise, both the Church and the ICMC lose important socio-economic accomplishments. We know from the theories espoused earlier in this treatise it appears the unholy alliance resulted in the assassinations of many of America’s presidents and other leaders. We also know there is an appearance the ICMC has bought and paid for the federal executive and legislative branches of government and has corrupted the trial court level of the judiciary. It doesn’t require much further deduction to realize the lion’s share of the lifeblood of the nation’s universities and colleges derives from financial support from the ICMC. Financial diplomacy, here, is probably a better resolve than the brutality of assassination.

However, I wouldn’t rule out the latter

consequence. The unholy alliance has permeated the independence of the world’s institutions of higher learning and has corrupted their intellectual processes to thwart the discovery and general knowledge of the Church’s scripture decipherment secrets. Once the Supervisory Powers Court conquers the unholy alliance, then, the world’s institutions of higher learning will truly come to know the meaning of academic freedom.

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Chapter 33 The Chief Justice and Me The Chief Justice and I had an indirect relationship; mostly which was fueled by the Supreme Court’s chosen communication avenue: informal information signals. The informal information signal highway had a habit of giving the different players nicknames. So, as a quid pro quo I gave the Chief Justice a nickname, too: The Big Kahuna. According to the informal information signals, he loved it.

My Pre-Incarceration Supreme Court Research When you’re in litigation you look for every advantage you can get. This book tells of ICMC trial court bribery corruption that led the Supreme Court to search for an opening to vindicate its historic exercise of supervisory jurisdiction. I’m not referring to that kind of advantage, however. My time to make it big in business came under the Reagan administration; a huge disadvantage for the business interests I pursued. As the JNC litigation unfolded, I was looking for ideological advantages. When I first assessed the Supreme Court’s justice composition, I considered whether it was an advantage the Chief Justice and Madam Justice O’Connor had Arizona roots. I discarded that as a possible advantage. He was too far right and she was too far right of the ideological middle. Besides, she threatened to sanction this home state boy if I dared file that Petition for Writ of Certiorari in my Admiral automatic stay violation case. There was no home state advantage. When I knew I was targeted for criminal prosecution, my favorite jurists were Justices Brennan and Marshall; the Supreme Court’s protectors of individual rights against the persecution of public obloquy. That’s exactly what I needed. On the other side of my litigation,

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Admiral’s money had found a partner in the popular sympathy of the JNC limited partners; whom I had allegedly duped into signing $65 million of promissory notes they really didn’t have to pay. In terms of money, political advantage, and sheer numbers, I was holding the short straw in the JNC litigation. I loved Justices Brennan and Marshall. I rejoiced when I read their opinions. On the other hand, I couldn’t even read past a synopsis of the Chief Justice’s opinions. I concluded he was too Reaganesque for me; after all, Reagan was the president that put him in the Chief Justice position. His only saving grace in my mind’s eye was that Rehnquist was initially appointed to the Supreme Court bench by President Nixon; my wartime president. The United States Court of Appeals for the Ninth Circuit has been generally regarded as the most liberal bench in the nation: My heroes. At the outset of the JNC litigation, I thought I’d stand the best chance in the Ninth Circuit. I pitched the ideology differences of the Ninth Circuit against the Supreme Court. I wanted to stay away from the far too conservative Supreme Court. That would be my litigation advantage: the liberal Ninth Circuit. I counted on it. Boy was I wrong. I never won a breath of a decision in some 20 or 30 odd cases I took to the Ninth Circuit. I was condemned every step of the way. The first case I took there was the great basketball ticket auction case; “Surely,” I thought, “victory would be mine. The law was demonstrably on my side.” Shit. Ultimately, the Ninth Circuit would find me an abusive litigant. We’ve already had that discussion and the real significance. Prior to my incarceration, I didn’t know where to go to get relief. I even directed Bill and Dianne Stephens to file a Petition for Redetermination in the United States Tax Court, an administrative Article I court. I was hoping its venue far away from Tucson would garner the fair and impartial hearing that had thus far eluded my causes of action. I was wrong there, too.

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As I readied myself to go to the Supreme Court for the first time in the basketball ticket litigation, I got a book on the Supreme Court. I didn’t know anything about it; how to file briefs, etc. You have to file briefs in this miniature pamphlet format. I called on my friend, Laurie Swanson, to help me do the formatting on her computer using a printer’s software package. Laurie had been the editor of Tucson Magazine and published a story about me as the JNC litigation unfolded. The briefs were filed; however, I never saw certiorari granted in any case I took to the Supreme Court. The only tell-tale sign of the Supreme Court’s presence in the pre-incarceration litigation period came when I went to San Francisco for my only oral argument before the Ninth Circuit. That’s when the Court’s Clerk sat Donald and me in the en banc courtroom. I didn’t think about the Supreme Court’s informal information signal until sometime later; I could only think about the unfairness I had incurred in the judiciary and how many had lost their lives to protect a right that didn’t seem worth protecting. Of course, as you know the story by now, my relationship with the Supreme Court began to blossom on August 4, 1995, when I told Wilkinson, “And the Ninth Circuit’s in on it too.” It took me sometime to realize I wasn’t placing the Ninth Circuit on Judge Bilby’s side of the fence; after all, I wasn’t getting any relief there when I believed I was entitled to it. So, what conclusions are you to draw in litigation where corruption was rampant? Eventually, my realization was cemented when I was incarcerated at the Winslow Complex’s Coronado Unit. It was there when I realized I had become a ward of the Supreme Court’s exercise of supervisory jurisdiction. It would be sometime later when I would realize it was an historic exercise of a judicial power little known but most far-reaching; owing to the Court’s historic confrontation with most powerful economic force in the world: the ICMC. The

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first thing I did on this realization was file briefs in the Supreme Court and write a letter or two to the Chief Justice, man to man.

Letters to the Supreme Court and the Chief Justice Following the time I figured out I was sequestered under the Supreme Court’s supervisory jurisdiction while on the Winslow complex’s Coronado Unit from January through March 2000 I was transferred to the Winslow complex’s Kaibab Unit a high-medium security lockdown facility. While incarcerated there I wrote a few letters and briefs addressed to Chief Justice William H. Rehnquist and the Supreme Court of the United States. I was exercising my privilege as a ward of the Court’s supervisory jurisdiction. Actually, I was testing it. One of the letters I wrote the Chief Justice expressed my demands. My list included the following: 1. Pizza and Pepsi when they came to pick me up in my G-5 they were going to give me as part of my damages; the G-5 would to take me to wherever to spring me loose; 2. Jelly Doughnuts as the Dessert to item number one; 3. The San Francisco Property;364 4. The Ranch Property;365 5. My Bzillions;366

364

I had come to believe Diane was from the Bay Area; and, as a result, we would want a development property in the wharf area of San Francisco. 365

As I recall, I requested the ranch property be located where she wanted to live; whether California or

Arizona. 366 I actually prepared a schedule for an initial distribution of hundreds of millions to my family members. This schedule was known, at a minimum, to those who promulgate the informal information signals I lived with on a daily basis. I used my maternal grandmother as the standard for taking care of her descendants, their families, and their relatives. She remained a great influence in my life even after her 1992 death. I was also real clear I didn’t want a prenuptial agreement with Diane. She could have one for her assets; but, I didn’t want to enter into a marriage Holy in the Sight of God armed with a prenuptial agreement. Her

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6. Gulfstream V Jet; and, 7. The Blonde.367 The idea is that holding me hostage as a ward of the Court’s supervisory jurisdiction meant that I was losing valuable time in acquiring assets and pursuing their development for Diane and me to enjoy them. Accordingly, the Court or its agents or representatives would have to nurture those things for me, readying them for immediate use on my release. I wrote my letters and briefs captioned something like this: In re: David Randall Jenkins, an individual Sequestered under the Supervisory Jurisdiction of the Supreme Court of the United States I recall I actually advanced arguments to the Chief Justice why it would be better for Diane and me to be allowed to continue the study of the Instructions together: to prepare for marriage. Of course, these were all written before the birth of Grace and Elegance; maybe she wasn’t willing unless I confessed such deep love for her. What do you think? I didn’t receive any response from the Supreme Court or its Clerk when I mailed these letters and briefs to Washington, D. C. That is an informal information signal itself. If you’ve ever had any dealings with the courts, particularly the federal courts, then you know the following to be true: Every single piece of paper that is submitted as a filing in a case must be filed and docketed. If the paper is not subject to filing; it is highly likely the Clerk of the Court will return it to its sender.

importance in my life outweighed the money or property I would receive as damages; no matter how many billions or millions. I was also sensitive to her family’s financial condition. It envisioned an unfair burden on her to live in a wealthy world while her family may not. I intended to leave that to her discretion. The power of our marriage would come not from money or property but from the creation you read about in Part III - Beauty and the Beast. 367

Do you have any idea who that might be?

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I submitted several letters and briefs, including the foregoing demand letter to Chief Justice Rehnquist, to the Clerk of the Supreme Court of the United States. No letter or brief bearing the foregoing caption was ever returned to me by the Clerk’s office as erroneously filed or on the grounds no such case existed. Dead silence. It was deafening.

His Books Three titles of Chief Justice Rehnquist’s books comprise informal information signals. I didn’t like the implication of the informal information signal tell-tale of his foreseeable plight; especially now, as we look back in history together and put the pieces of the ICMC assassination puzzles together. The second was an informal information signal for my benefit. The third was an informal information signal confirming the story of Grace and Elegance shared in this book; also, it may be a braggadocio’s victory speech in the Hide & Seek game.

Foretelling His Destiny The citation for the book where the title is an informal information signal foretelling his destiny is – Rehnquist, W. H. Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson. New York: Quill, William Morrow (Currently out of print) (1992). The title is the Chief Justice’s forecast of his plight; it also communicates why I had to spend a decade sequestered in an armed fortress. As I interpret the title, today; several years after his September 2005 death, it is difficult not to appreciate his courage. The reference to “Grand Inquests: The Historic” obviously implicates the Supreme Court’s historic exercise of supervisory jurisdiction. The reference to the “Impeachments of Justice Samuel Chase and President Andrew Johnson” implicates exposure to the ICMC’s heavy-handed assassination

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tactics legislated against America’s presidents and other leaders who dared challenge the unholy alliance. You only need understand the word “Impeachment” as used in the title of the book implicates assassination. The informal information signal implicates Chief Justice Rehnquist was well aware of the ICMC’s historic assassination carnage and directed the Supreme Court’s supervisory jurisdiction notwithstanding. The reference to Justice Samuel Chase obviously implicates his well-being, as well as the well-being of the other justices of the Court. After all, there are only nine of them. The point is the Court knew its justices would become ICMC targets as they searched the country-side for an opening against historic corruption in the courts. Once they found it in the JNC litigation; the pressure was on. The reference to President Andrew Johnson is for my benefit. He wanted me to know why I would be sequestered in the fortress of a prison. I was there for my well-being until the territory became safe through Court’s vindication of its supervisory jurisdiction. In hind sight, he may have left himself exposed.

All Laws But One The citation for the book where the title is an informal information signal for my benefit is – Rehnquist, William H. All Laws But One: Vintage Books (2000).

Civil Liberties in Wartime. New York:

The title is all about martial law. The title of this book captures it as well: Judicial Martial Law. It is all about the Court’s historic exercise of supervisory jurisdiction; the power to correct illegal conduct in the courts. As explained from the get-go, it is innate to the Court’s existence under Article III of the federal constitution. The most important civil liberty that may

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be suspended during times of uprising or war is the right to habeas corpus. It goes without saying the title’s reference to “All Laws But One” implicates the right to habeas corpus. My right to habeas corpus, notwithstanding my complete comprehension my constitutionally infirm criminal conviction had been obtained by a fraud on the court through bribery of court officers, was suspended; giving way to the greater need for the Court to exercise the full panoply of its supervisory powers.

Conclusively, the Chief Justice was telling me, like it or not, I’m

sequestered for the duration. Believe me; if the territory wasn’t deemed to be safe on October 7, 2004, I would have remained incarcerated on one trumped up ground or another.

Grace & Elegance Confirmation The citation for the book confirming the story of Grace and Elegance as related in this book is – Rehnquist, W. H. (Foreword). Cushman, Claire (Editor). Urofsky, Melvin I. (Editor). Black, White and Brown: The Landmark School Desegregation Case in Retrospect (Hardcover). Washington, D.C.: Sage, CQ Press (2004). This informal information signal is a little more difficult to write about. It captures the beauty of innocent love transpired on March 14, 1997 in a prison somewhere in the middle of the Arizona desert. Let me dissect the signal for you. First, that portion of the title implicating “Black” and “White” means just that: The ensuing statement has been conclusively determined. Second, the portion of the title referencing the color “Brown” implicates the color of Diane’s slacks worn the morning of March 14, 1997; indeed, they were dark brown.368 The rest of the title, “The Landmark School Desegregation Case in Retrospect” refers to the fact that the spirits of Grace and Elegance as I observed them through Diane’s backside that morning led to the most

368

Recall when I was hailed to the Administration Building just an hour and a half later, she had changed clothes and wore light tan cullottes.

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important secret cast in the context of written scripture. “Landmark” implicates the importance of the decipherment; “School” obviously implicates what was learned from the spirits of Grace and Elegance; “Desegregation Case” refers to the axioms leading to impossibility-resolved social choice theory; and, politely, “Retrospect” refers to me looking at Diane’s butt as she turned and looked back over her left shoulder that now fateful morning. The rest of the informal information signal is taken from the author’s names. Of course, the Chief Justice’s presence implicates the Court; that he wrote the forward for the book implicates the blessed (-word) marriage I would enjoy with my fourth (fore-) wife. Claire (i.e., it is clear) Cushman’s (i.e., “cush” implicates “tush” or “the cushion of the butt”) name is a metaphor for the proposition Diane made a showing of the ova hosting the spirits of Grace and Elegance. The name “Melvin I Urofsky” is really tell-tale. The name Melvin implicates both the names “Melanie” and “Elle.” Melanie refers to my story about my high school date and the notion of coping with her innocence as I observed her eating popcorn in the movie theatre. We know the name “Elle” implicates scriptural progressive mating; the only venue where mothers give birth to children. The middle initial, “I,” is a phonetic metaphor for “eye.” And the author’s last name, “Urofsky,” when trifurcated becomes “Ur-of-sky.” “Ur” is the biblical home of Abraham, who is generally regarded as among scripture’s great persons of faith. That part of the author’s name defined by “of-sky” means the Chief Justice and the Court knew I had given the spirits of Grace and Elegance over to the Lord God Almighty; just as I have reported in this book. Of course, I must admit, it was the continuing badgering of informal information signals that led me to cognitively comprehend that is what I did on March 14, 1997. Moreover, it supports my argument I wasn’t looking between her legs licking my chops over the intercourse that would certainly be mine to share. Rather, I was looking at a place slightly there above for

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confirmation the spirits had been taken as I thought they had. After all, I realized her aura had changed and I was thereby motivated to investigate that the ova spirits had ascended.

The Hide and Seek Game The totality of this information signal means I didn’t outsmart the Chief Justice, the Court, or their consultant entourage in the Hide & Seek game with the Chief Justice. You don’t know how hard this concession is for me to make. Actually, if those promulgating the informal information signals had not persisted I would probably never realize where I had hid the essence of loving Diane in the presence of God. Cocky bastards, though; the last book reference was published before I attended the March 2005 American Academy of Religion Western Regional meeting at Arizona State University.369 I had never heard of the Sacred Feminine before that conference; growing up catholic under the Church’s limitations, the closest image I comprehended in that regard was Mary.

The Babe Game During the Babe Game, informal information signals were launched to advise me the Chief Justice was jealous of the fortune sure to be mine. The idea was that due to my certain fame and fortune, I would be the object of the attention of the world’s most beautiful women. I know he didn’t really believe that; he knew I was head over heels in love with the beautiful Officer Carter. At one point, the informal information signals seemed to suggest Diane was related to Madam Justice Sandra Day O’Connor. “Finally,” I more or less thought, “there is value in the

369

The informal information signal regulators frequently like to tell me they figured out my thinking before I do. It’s a scorecard sort of thing.

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Arizona connection.” I was quite displaced thinking the first woman appointed to the Court might think as much about such a lyin’, cheatin’, connivin’ guy like me; no matter how much I had helped launch the Court’s attack against the ICMC. It does bring to mind my most curious question through the whole affair. Just how did Diane learn about me? I may go to my grave never knowing the answer. It doesn’t matter; I gave everything about loving her over to God.

The Clinton Impeachment Trial During my incarceration period I saw the Chief Justice on television a few times. Once, he was interviewed on PBS regarding his book, All Laws But One: Civil Liberties in Wartime. I liked his demeanor: all business. He didn’t give anything away. His demeanor was classically stoic; appropriate for instilling confidence in the Chief Justice of the United States. The other time I saw the Chief Justice was during the Clinton impeachment trial in the United States Senate. My view of the trial at that time is slightly different than my view of the trial today. At the time, I wanted so badly for the Chief Justice to flex his judicial muscle. Remember I had come to understand fraud on the court jurisprudence as I researched the constitutional basis for the invalidity of my criminal conviction while incarcerated at the Mohave Unit.

There was an important point distinguished in then extant decisional law; the crux

affecting whether a decision was void ab initio, as in the case of a fraud on the court, or whether some other form of relief was warranted. A fraud on the court requires an assault on the basic infrastructure of the court; else the public’s confidence in the court dissipates rather quickly. Accordingly, bribery of court officers is viewed as corrupting the court’s inherent infrastructure. In such cases, decisions rendered when bribery of court officers had occurred are void ab initio; as if the decision never existed. On the other hand, witness perjury, for example, does not affect - 570 -

the court’s inherent infrastructure.

While such perjury may engender relief; it doesn’t

necessarily result in a void decision, ab initio. As I listened to the grounds for President Clinton’s impeachment it became plain and obvious that the impeachment charges were insufficient as a matter of law and ought to be dismissed. That is, there should have never been an impeachment trial. Impeachment of a president can only occur for high crimes and misdemeanors while in office; that is, high crimes and misdemeanors impairing the infrastructure of the office of the president.

Since the

impeachment charges against President Clinton were based on collateral civil proceedings, where he allegedly committed perjury during his deposition, the charges were legally insufficient inasmuch as the alleged conduct did not implicate the infrastructure of the office of the President of the United States. I didn’t understand why President Clinton’s lawyers did not file a motion to dismiss on grounds of legal insufficiency. It is a common litigation strategy. I just knew in my heart of hearts that the Chief Justice would pull out his judicial sledge hammer and pound the impeachment charges into historic smithereens. It didn’t happen. Can you guess why? In hind sight as I write this book today, I don’t think the impeachment trial of President Clinton was about impeaching President Clinton. It may have been that in form; but, I think it was the executive and legislative branches’ collective informal information signal, one carried on behalf of the ICMC, that the Chief Justice, and the Court’s other justices would be “impeached” if the Court continued on its march in the historic exercise of its supervisory jurisdiction. As I think back on it today I recall the first day of the impeachment trial in the United States Senate. The Chief Justice was called to enter the Chamber. He stood tall in my mind’s eye as he entered the Chamber and walked down the aisle. Senators turned to greet him; but, the

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greeting was one of false warmth. It was a war. They brought him there to say, “Fuck you and your supervisory jurisdiction.”

His shoulders were broad that day.

He was saying, “No,

motherfuckers, fuck you.” The guy had balls. We should all be able to spit in the face of death like he did that day.370

The Arizona Basketball Game The next time I saw the Chief Justice on television while incarcerated was during a University of Arizona basketball game. To the public, it wouldn’t seem unusual that Chief Justice Rehnquist attended a University of Arizona basketball game; after all, his Arizona ties were well known. However, the public may not have appreciated the informal information signal transpiring as I would come to appreciate it. University of Arizona basketball coach Lute Olson was a coaching legend in Arizona sports history beloved by a community wanting a championship sports team practically more than anything else. He testified during my criminal trial. In this book, I go to great lengths to explain he lied when he testified against me in my criminal trial; for money, no less. That is the Lute Olson I knew; money above all else. I used to wonder whether the Chief Justice’s appearance was to counsel me not to be tough on ole Lute or whether it was to convey the notion Lute was as much a correction target in the pursuit of freeing the courts from corruption’s stranglehold. I never meant anyone any harm. However, and as I will confirm in ensuing chapters, it is clear the Chief Justice’s presence at that game was an informal information signal for my benefit: “We’ll take care of Lute Olson.”

370

Probably more than any other reason, this is why I would have followed him into any battle he might have asked me to undertake; so would others who had served under him, there is no doubt. In this acknowledgement of leadership we all agree.

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Terminal Illness There came a time after I was released from prison when, like you, I learned the Chief Justice was stricken with thyroid cancer; an illness which proved terminal. I didn’t say much to myself or otherwise when I learned this. I can only tell you anger began to take seed; welling up inside me with no course to follow. It would be some time after his death I would theorize the non-zero likelihood the ICMC impeached him with the Church’s ageless preferred form of execution – poison.

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Chapter 34 The Chief Justice and the Supervisory Powers Court The Supreme Court’s historic exercise of supervisory jurisdiction is made historic because of the undertaking. The Rehnquist Court knew from the get-go once it found an opening to launch its historic assault on the unholy alliance it would be committed to a relentless pursuit; a pursuit from which there could be no retreat. Else, the ICMC would become fortified against such an attack. Let’s look at the transparent strategies at play. The ICMC surely views its corruption schemes in the judiciary differently than in the executive and legislative branches of government; probably owing to the inherent nature of the respective offices. The officeholders in the latter two branches are elected to office. As a result and based on historic experience, it is highly likely that candidates with larger financial campaign war chests are more likely to prevail in elections. Moreover, while senators face election only every six years, representatives go to the voters every two years. It is reasonable to foresee the ICMC ensures election through its financial muscle. On the other hand, once a judge or justice is appointed to office, his or her tenure is for life. The nature of the beast is different. Although federal appellate judges and Supreme Court justices are nominated by the President of the United States and confirmed by the United States Senate, political processes surely play into determining the nation’s judicial elite. And, that is where the ICMC saw its advantage. Even though you may not be schooled in the law, you are nonetheless capable of appreciating the human behavioral aspects of judicial appointments. In the careers of judges, the great jurists are remembered by their great opinions, scarcely a trial court function. However,

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most federal appellate court judges and Supreme Court justices rise from the ranks of the trial court.371 When a brand new jurist is appointed as a federal district judge, it wouldn’t be unreasonable if he or she had aspirations for moving up in the ranks to a federal appellate jurist position, or even to the lofty status of a Supreme Court justice. However, there are far more district judge positions than there are federal appellate or Supreme Court judicial positions. The allocation of this scarce resource is bound to find some district judges jealous, computing the fact they were by-passed for promotion as a consequence of political favors, elitism, or some other form of prejudice. This is what the ICMC has historically preyed on in its corruption of the judiciary’s trial court judges. Another natural consequence of judicial processes played into the ICMC’s hand for corrupting the judiciary’s trial courts while thumbing its rich and arrogant nose at the federal appellate and Supreme Court elitists. Judicial processes revolve around a court’s right, power, and authority to make decisions. It is called “jurisdiction.” A court must first decide it has jurisdiction to decide the issues in a controversy before it can render a decision. Arguing the court’s jurisdiction to decide an issue presented by a controversy before it is the threshold matter set forth in most pleadings. A lawyer who fails to argue jurisdiction takes a great risk; it could be adjudged against a party on grounds of waiver if not properly argued. As a result, jurisdiction is argued if only to assure against waiver.

371

Chief Justice Rehnquist is an example of an exception to this general rule. His first appointment to judicial office came on October 21, 1971 when President Nixon appointed him to Associate Justice of the Supreme Court of the United States.

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In some instances, jurisdiction is empowered by the constitution. In other instances, jurisdiction is empowered by an enabling act of the legislature. But, in all cases, a court must determine it has jurisdiction to decide the controversy before it. I should also mention the difference between appellate jurisdiction and extraordinary writ jurisdiction. Revisory courts, the courts having power to revise trial court controversies, must generally accept controversies arising under appellate jurisdiction. On the other hand, however, revisory matters arising under extraordinary writ jurisdiction is discretionary. In those cases, the court must first determine whether it will exercise its discretion in favor of deciding the merits of the controversy. Once it grants jurisdiction and acquires same over the controversy, it will then proceed to determining the merits of the controversy. Historically, there are very limited instances when the Supreme Court of the United States is compelled by constitution or statute to acquire jurisdiction over a controversy. In 99.99% of the controversies presented to it for determination, it first decides whether to grant certiorari; the writ petitioning the Court to acquire jurisdiction over the controversy. 372 I had filed three such petitions; however, the Court declined to acquire jurisdiction in each case. There are other petitions that may be filed seeking the Court’s exercise of jurisdiction over a controversy. For example, in my case, I filed a Petition for Writ of Habeas Corpus. First, the Court decides whether it will accept jurisdiction;373 if it grants the initial petition, it will then

372

When I read my first book on how the Supreme Court operates I learned it only takes four justices to grant certiorari; but, five justices to constitute a majority opinion. 373

When courts decline to exercise discretionary jurisdiction, the denial does not run to the merits of the controversy. This is an important aspect of the right, power, and authority to decide the merits of controversies. The doctrine of res adjudicata forecloses redetermining matters already finally decided. It does not apply when jurisdiction to decide a controversy was denied.

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decide the merits of the controversy. In my case, the Court declined to accept jurisdiction over my habeas corpus claims on October 5, 1998.374 The ICMC factored both district judge career-based jealousies and the limitation of the revisory court’s right, power, and authority to get its hands on controversies in fashioning its initial strategy for corrupting the nation’s judicial branch of government. Transparently, the ICMC did not want to face the challenge of corrupting those elitists who ascend to more loftier judicial positions.

So, its trial court corruption strategy had been to develop strategies

sophisticated to the extent of denying revisory court jurisdiction acquisition; the theory being the elitist jurists could not affect corrupt decisions they could not get their hands on. The ICMC corruption war promulgated against the federal judiciary has transparently and accordingly ensued throughout the ages. One of the ICMC favored tactics for educating district judges concerning the nature of judgments required by bribing parties had been in camera review. As explained in preceding chapters, in camera review occurs when one party in a controversy submits allegedly privileged documents to the trial judge for inspection while the controversy’s other party does not so inspect same. The federal revisory courts knew this was a favorite ICMC bribe-educating tactic. The Ninth Circuit and the Supreme Court attacked this tactic in the Zolin decisions explained in earlier chapters. It caused the process to change somewhat in the JNC litigation. Judge Bilby inspected the Admiral Exit Interviews without complying with the Zolin threshold showing requirements. However, Judge Bilby ordered the Exit Interviews be disclosed to the other parties. The Ninth Circuit acquired immediate emergency mandamus jurisdiction and stayed that

374

Today, I believe the Court denied habeas corpus jurisdiction in the case of my criminal conviction because it had already acquired supervisory jurisdiction over my person and property.

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order on Admiral’s petition. The new ICMC tactic was emerging. Let the controversy become final; the in camera review having already transpired. The Admiral Exit Interview case before the Ninth Circuit also resulted in appellate judge inspection of the Exit Interviews in camera in 1988. That’s what led to the Supreme Court exercising supervisory jurisdiction over my person and property.

We will learn about a

Supervisory Powers Court market index informal information signal to this effect in the next chapter. The Rehnquist Court had found its opening against the ICMC; the assault was on.

The Rehnquist Death and O'Connor Retirement When you live with this for the past twenty years as I have and you learn more about the pursuit of the ICMC corruption, you divorce yourself from the emotional aspects of the case; or at least you try to. However, the first time the Chief Justice walked down the aisle in the Senate Chambers in the impeachment trial of President Clinton I was overcome with emotion; I wanted him to kick some serious butt. I explained my theory why I thought the impeachment charges were insufficient as a matter of law in the preceding chapter. However, it would be sometime later before I would deduce that Clinton’s impeachment trial wasn’t about him; rather, it was about impeaching the Court’s historic exercise of supervisory jurisdiction. So when I learned, like you did, the Chief Justice was stricken with thyroid cancer, I did what humans normally do under such circumstances. I tried to ignore it. However, in summer 2005, his health was reported to have quickly deteriorated. The next thing you knew, Madam Justice Sandra Day O’Connor announced she had submitted her resignation to the President on July 1, 2005;375 agreeing to remain on the bench until her replacement had been confirmed by the

375

For most of my life, although absolutely indifferent today, I have been a Washington Redskins football fan. Shortly following the time when President Reagan appointed her to the Supreme Court bench, it was reported Madam Justice O’Connor and her husband had attended some ballroom affair in Washington, D.C. She was

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Senate.376 Initially, this shocked me. “Surely,” I thought, “she has invested so much into the Court’s exercise of supervisory jurisdiction, it must be difficult for her to walk away from this duty.” It wouldn’t be too long thereafter that I would deduce what actually happened; principally because the continuing barrage of informal information signals ensued. As reported in the first chapter, it appears when it became clear the Chief Justice’s health would soon lead him to death, the Court adopted a new strategy: it created what I refer to as the “Supervisory Powers Court.” Remember, the Court’s decisions already recognize the exercise of supervisory jurisdiction to be innate to its existence under Article III of the United States Constitution. So, the creation of a special court for prosecuting the Court’s supervisory powers would not require an Act of Congress to enable the authority. As will be discussed in the final chapter, while the federal judiciary is large in numbers, the Supreme Court is comprised by nine justices. It may be that the nation’s powerbrokers, the same ones owned lock, stock, and barrel by the ICMC, view these nine justices as a pain in the ass more than they view them as the protectors of the United States Constitution. So, as the news of the Supreme Court’s supervisory powers assault on the ICMC broke around the beltway, war’s counter-strategies were contemplated.

reported to have been seated at the same time as Washington Redskins running back, John Riggins. He was reported to have smartly said to her, “C’mon Sandy Baby, let your hair down.” Although I was a John Riggins fan, I was disturbed by his comment; one of those protective things I have about women. I suppose it characterizes my attitude towards the first woman appointed to the Supreme Court bench. Importantly, if I were to assign a gender to my perception of the Court it would be decidedly female, notwithstanding its historic male domination. I surmise those who promulgate the informal information signals regard the Court in the image of a beautiful woman as well; to the point I get confused whether the signals are about Charlotte or the Court. 376 The reported reason for her retirement was her husband’s failing health. He was reported to have been suffering from Alzheimer’s disease. As discussed in the beginning of the book, Alzheimer’s is regarded as a disease that may begin from the introduction of some toxin. Accordingly, and as in the case of President Reagan, it remains an investigative question whether her husband’s illness came by an ICMC orchestrated assault. Remember the ICMC’s transparent assassination chivalry: It does not attack women.

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The most tell-tale strategy is time.

The Church, through 2000 years of patience,

understands time is it largest weapon in maintaining its socio-economic position; a position predicated on scripture’s decipherment key in its unique possession. In time, the Supreme Court’s nine justices will come and go; a natural consequence of human existence. The Chief Justice’s failing health was an evident testamentary to that very proposition. The unholy alliance knew, in time, this assault on its privileges and immunities, too, would come to past; all in a matter of time. Time, indeed, would be the unholy alliance’s saving grace. As 2005 passed from spring toward summer, it appears the existing nine justices were motivated to counsel the limitations of their own feeble existence. It would be only natural. The idea of the Supervisory Powers Court must have arisen some time earlier than either spring or summer 2005; perhaps as early as when the Chief Justice’s thyroid cancer was first diagnosed. It would be a creation to survive the frailties of the human condition. Moreover, it would be a device that would buy some time in the advantage of the historic exercise of supervisory jurisdiction. The existing panoply of Supreme Court jurists would create this special court; empower it with rules of procedure and operation, essentially investing it with its own marching orders. When you learn about these matters as I have been privileged to learn them, it becomes clear the Chief Justice was the driving force behind the Court’s exercise of supervisory jurisdiction in its assault against the ICMC; an assault intended to finally put the nation’s civil war to rest. However, given the limits of his own physical existence, the Supervisory Powers Court would become a reality when his health necessitated as much; protecting its activities from possible interference, at least until the ICMC could place an essential five jurists on the High

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Bench, to change the new woman’s appearance. I suppose you could say it was a form of estate planning; or succession planning at its best. That’s what happened when Madam Justice Sandra Day O’Connor submitted her resignation on July 1, 2005; a time only within a few months of the Chief Justice’s foreseeable and certain death. The Supervisory Powers Court was born that day. The mightiest exercise of judicial power in the history of the world was launched protected against unwarranted interference in the completion of its mission. The strategy is transparent; the assault against the ICMC would continue. The Chief Justice would continue the fight from his grave.

College of William and Mary I have no special privilege in knowing about the operations of the Supervisory Powers Court since its birth on July 1, 2005.

What I know I learn from promulgated informal

information signals; signals not much different than the ones used to Order me to write this book. So I can only share my deductions and whatever information I am empowered to share through the informal information highway. Following the time she officially stepped down from her position as an Associate Justice on January 31, 2006,377 Madam Justice O’Connor was reported to have maintained an office in the Supreme Court’s building in Washington, D.C. I breathed a sigh of relief. I then theorized she must still be actively involved in the Court’s historic exercise of supervisory jurisdiction. I relied on this information to the point where I didn’t want it to change; at least not until the Court said it was no longer necessary for me to be sequestered, hiding me behind the appearance of a criminal conviction that was made void ab initio in supervisory powers space. 377

President Bush nominated Associate Justice Samuel Anthony Alito, Jr., to replace Madam Justice Sandra Day O’Connor after he nominated the new Chief Justice, John G. Roberts, Jr. to replace the deceased Chief Justice Rehnquist.

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When I first learned Madam Justice O’Connor had become the Chancellor of William and Mary College I said to myself, “Shit, she’s abandoned the cause.” But then common sense came back; it was another informal information signal. The informal information signal, itself, reveals the scope and duties she is fulfilling as the Supervisory Powers Court jurist.

As

explained at the outset of this book, the signal translates as follows: 1. That she is Chancellor places her in charge of the Supervisory Powers Court; 2. The Williams part of the name of the school carries a dual meaning: It concomitantly refers to the heritage wrought by the deceased Chief Justice while sounding in scripture’s continuum Deity, I Am, and His correction showing prowess; the very heart of the Supervisory Powers Court’s purpose; and, 3. Finally, the Mary part of the name of the school refers to the other important function Madam Justice O’Connor presides over: The restoration of free markets devoid of the corruption of the unholy alliance. The informal information signals confirming the last criterion is what launched me down the path of writing the book. As I sat in the family dining room on Monday, September 29, 2008, and heard the report of the change in the Dow Jones Industrial Average for the day, -777.68, my head spun around like a top just let loose from its lasso and I said to myself, “What?” That evidences the dramatic impact of the informal information signal. Immediately, I knew what it meant. The Court had finally conquered the ICMC. I will explain the signal in the next chapter. I will then explain in the last chapter of this book my assessment of how the federal executive and legislative branches of government have responded to the Court’s historic exercise of supervisory jurisdiction since the Clinton impeachment trial’s gauntlet. You have an important role to fulfill in the Court’s transparent

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plan in fulfilling the certainty of America’s future free from the corruption of the unholy alliance. Keep reading. The Chief Justice’s Death It was reported the Chief Justice passed away on Saturday, September 5, 2005. He had lost his battle with thyroid cancer. My selfish response was straightforward: I was pissed at him for dying. I called him every name I could think of; god damn it, this was no time for dying. I believed in my heart of hearts he should have lived to see the day arriving. It took a long time until the anger was replaced with love. Then, the informal information signals ensued. I was not the only one to go through this grieving process. Everyone involved had followed him into this war; never questioning his leadership. Some probably put their lives on the line in capacities I can only imagine to have transpired. I was no one special when it came to grieving his death.

Teddy and Caroline This book alleges the litany of assassinations legislated by the unholy alliance; a history of blood and pestilence orchestrated against America’s presidents and other leaders to thwart the discovery of secrets held by the Church and known to a select few throughout the millennia. Following the alleged poison deaths of Presidents Harrison and Taylor, Abraham Lincoln intended to hold his strategy close to the vest, disclosing same only to his family. He had wanted them to know he may be putting their lives in danger. Lincoln’s strategy was transparent to the ICMC. They employed extortionate indoctrination to conscript Lincoln’s son, Robert Todd, to learn if and when Lincoln planned to disclose the secrets important to the unholy alliance’s socio-economic agenda. Through his concern for his family’s welfare, Lincoln signed his own death warrant. Robert Todd “ratted” him out to the ICMC and cowardly remained at the White

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House on feigned illness the night his father was the first to be struck down by the violence of the gun. The family mole ICMC strategy was met with great success in the form of Robert Todd Lincoln. Transparently, his role in the assassination of Abraham Lincoln went undetected; future presidents came to trust him and placed him in their confidence as well. Like others who had died in office before them, Presidents Garfield and McKinley would also die in office; in large part transparently due to Robert Todd Lincoln’s continuing ICMC informant role. Moreover, greed surely had its grip on Robert Todd as well; he had acquired wealth beyond the accounting of his family’s heritage. The ICMC, experienced in the Robert Todd Lincoln misery levied against America and her presidents, employed the very same tactic again. The next transparent occasion when the extortion/enrichment strategy would be employed involved a family from Massachusetts; the state that gave birth to the ICMC in the first place. When Joe Kennedy, Sr. fell from ICMC insider status owing to his political gaffes while Ambassador to the Court of St. James, his ensuing revenge consumed his existence and came to define the Kennedy Curse. In retaliation for ruining his chances to become President of the United States, Joe, Sr. turned to his son, Jack, after Joe, Jr. was lost in a World War II battle. The first ICMC warning came by an assault against Joe, Sr. The Kennedy patriarch was struck down by a debilitating stroke in 1961; the warning was clear: Cease your attack. The family’s revenge orchestrated by a father believing he could outsmart the ICMC led to Jack’s brutal death in Dallas, Texas on November 23, 1963. With hind sight’s advantage, we can see the ICMC mole signature; it sounds in the history of carnage Robert Todd Lincoln brought to America’s door as a victim of ICMC

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extortion. In 1964, Teddy Kennedy was nearly killed in the crash of a small plane on which he had been flying from Washington, D.C., to Massachusetts. He wasn’t able to insulate himself from the attack by orchestrating the presence of others on the plane, including a woman. Another tell-tale definition of ICMC chivalry came to past: If you put a woman in harm’s way her injury or death is on you, not on us. Teddy’s 1964 plane crash was an ICMC correction showing. Transparently, Teddy had equivocated following his brother’s very public and very brutal assassination; a killing by the gun where half his head was blown off. How much more graphic an assassination message be required? Was there a more brutal assassination of an American president? The sad conclusion is that, transparently, Teddy had been conscripted into ICMC service; and became the Kennedy family ICMC mole. Neither his father, though he lay debilitated by a stroke, nor his more famous brothers knew Teddy had ratted Jack out to the ICMC, leading to the Dallas assassination. Following Teddy’s near death in the 1964 plane crash, more assassinations followed. Teddy was no longer an equivocal mole; his soul numbered among the ICMC’s assets. First, Martin Luther King, Jr. was gunned down in Memphis, Tennessee in April 1968. Bobby Kennedy obviously intended to employ King’s statesman-like qualities to quell the public’s initial learning of the Church’s encrypted scripture secrets; secrets closely guarded for two millennia; secrets that would dispel that neither Jesus nor Christ ever existed on the planet, but were only metaphors in an impossibility-resolved social choice theory model. Martin Luther King, Jr., laid dead on the balcony of a Memphis motel owing to Teddy’s continuing ICMC inebriation. That wasn’t enough, though.

Bobby would die two months later, in June 1968.

Following his Democratic primary victory in California, Jack’s younger brother was gunned

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down by Sirhan Sirhan. Couldn’t anyone figure out who was behind the killings? I am sure Washington insiders knew. I am sure LBJ knew Jack was going to be gunned down in Dallas; a brutal ICMC lesson unfolding. Those holding the greatest economic centralized control in the history of the world would make sure no one would violate its operating code of conduct. The Kennedy family revenge and cause led to Jack’s death, Bobby’s death, and the death of Martin Luther King, Jr. That wouldn’t be the last family death at the hands of the ICMC; nor would it be the last non-family death that resulted from Teddy’s ICMC informant role. Mary Jo Kopechne had been Bobby Kennedy’s secretary since the time he was a Senator from New York. She was with him through the 1968 primary elections; probably in Los Angeles the night Bobby died. Unknowing, it is likely Mary Jo confided family secrets she had learnt from Bobby to Teddy Kennedy. She didn’t realize she had signed her own death warrant. The ICMC would not directly orchestrate assassination legislated against a woman; after all, even in assassination there is a chivalrous code of conduct. Rather, it probably told Teddy he would have to directly handle the Mary Jo Kopechne problem. He did. As you know, she died in summer 1969; something about a car errantly careening off a bridge in the darkness of the night. Even after that death, Teddy’s ICMC mole status continued to go undetected by family members. Jackie Kennedy probably raised her son, John Jr., in the heritage of the Kennedy family’s commitment to revenge against the ICMC. The Kennedys believed they could single-handedly destroy the ICMC. I doubt they knew the totality of the unholy alliance; who really knew remains the central question? John Jr. had his own plans to become President of the United States and to continue the Kennedy family revenge against the ICMC. He probably confided those plans in Uncle Teddy;

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after all, isn’t blood supposed to be thicker than water? No pun intended; John Jr., his wife, and his sister-in-law would crash into the Atlantic Ocean off the western coast of Martha’s Vineyard on a landing approach. President Clinton ordered a search by the U.S. military. Once the bodies had been retrieved, they were cremated. No one would learn what toxic agent had been injected into the plane’s air system that led John Jr. and his passengers to lose consciousness as the plane plunged into certain death. If President Clinton knowingly and willfully underwent the impeachment process, particularly for an ICMC payday, and if President Clinton knowingly and willfully participated in covering up the John Jr. and family cause of deaths, it would mean he is complicit in ICMC assassination activities. Moreover, it would also ensure he is headed to the Supervisory Powers Court and a face-to-face with Madam Justice O’Connor; a day of reckoning sure to be his. Teddy was a consummate ICMC mole; he surpassed Robert Todd Lincoln.

Five

Kennedy family members died at the hands of Teddy’s informing information. In 2008, Teddy was reported to have seizures and, eventually brain surgery. I construe that news as an informal information signal. I understand you may not believe me. But, phonetically, “seizure” sounds “sees her.” Teddy went to see Madam Justice O’Connor and the Supervisory Powers Court. His absence was explained by illness.

This would become a

common Supervisory Powers Court absence-explaining excuse as witnesses would be called to appear. Can you imagine that court hearing? Would you want to be in anyone’s shoes who was hauled into that Court? You may have one shot at review; but, I suspect the odds of overturning a Supervisory Powers Court judgment are slim and next to none.

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When Barrack Obama won the 2008 presidential election it was reported Hilary Clinton would become the new Secretary of State. That meant her position as Senator of the State of New York would have to be filled.

When Caroline Kennedy was first mentioned as a

replacement for the promoted Senator Clinton, I took it as a positive informal information signal. I took the signal to mean the Kennedy Curse had finally concluded; in part, owing to the Court conquering the ICMC; and, in part, owing to Teddy’s confession to the Supervisory Powers Court. I thought, “At last, the woman can come out from underneath the Kennedy Curse and not fear ICMC indirect assassination.”378 Then came another set of informal information signals.379 On inauguration day 2009, the day Barack Obama became the President of the United States, it was reported Teddy had another seizure. “Shit,” I thought, “he’s on his way back to see Grandma.”380 “What for?” The answer was soon delivered. The next news item reported came by my Mother’s accounting: Caroline Kennedy withdrew her name from New York Senator consideration; having something to do with her finances. “Holy shit,” I said to myself, “she traded on her father’s blood.” The message was clear: It suggested the Supervisory Powers Court had found Caroline Kennedy profited from ICMC investment pay-offs, a favorite ICMC bribery tactic. I was sick to my stomach.

Remember the ICMC code of conduct: It doesn’t kill women. Teddy does though; do you wonder whether Caroline feared Uncle Teddy? 378

379

Bear in mind, I started writing this book in October 2008, as these events were unfolding. I send out each chapter of the book, now addressed to myself, so law enforcement authorities can learn the contents of same. Thus, what I am writing is enhanced by new information learnt on the informal information highway as I am completing this book. I came to refer to Madam Justice O’Connor as “Grandma.” In my informal information signal jeering contest with the Chief Justice’s henchmen I declared his troops weren’t as tough as they thought they were because they chose to make a living by hanging on “Grandma’s tits.” I on the other hand, live and die by my entrepreneurial sword. Since Madam Justice O’Connor is the Court’s first female justice; fortunately or unfortunately, she is implicated by the perception of the Court’s female gender. “Grandma” has become a term of informal information signal legend; just like the Big Kahuna label. 380

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Lute Olson That brings us to the illustrious Lute Olson; the University of Arizona’s famed basketball coaching legend. Refreshing your memory, two things: 1. Lute Olson testified against me in my criminal trial claiming I told him he really didn’t have to pay his subscription promissory note; the jury must have believed him over me notwithstanding the fact that I didn’t understand Lute’s testimony inasmuch as Bobbi and he had made a $5,000+ down payment and two annual $5,000+ annual payments from their own funds without assistance of distributions from the partnership; and, 2. Chief Justice Rehnquist appeared at a University of Arizona basketball game as a walking talking informal information signal, broadcasting, “We’ll get him.” Like in the case of Teddy Kennedy, Lute ran into medical infirmities at the same time I theorize he went to see Grandma at the Supervisory Powers Court. Moreover, a few seasons ago, Lute took a leave of absence from his head basketball coaching duties; allegedly owing to his unfolding divorce from his second wife, Christine. I had learned through the grapevine that Christine was politically connected inside the Republican Party; and somewhat well-to-do in her own right, not totally relying on the basketball coaching legend’s balance sheet.

I have since thought Lute must have known his day of

reckoning with the Supervisory Powers Court was coming and drafted his second wife, in part, to politically aid him through his foreseeable trials and tribulations, not fully understanding that amounted to pissing in the wind.

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Lute has since retired from his University of Arizona head coaching position, claiming bad health. Indeed, I’m sure going to the Supervisory Powers Court is not good for your health.381

Southwest Gas Corporation A consistent informal information signal comes with any artists’ version of the song Save The Last Dance For Me. I have iterated to the conclusion that the signal means vacating my conviction and awarding my bzillions comes last on the Supervisory Powers Court’s agenda; maintaining the secrecy of me until the bitter end. I’m not sure whether the Supervisory Powers Court has jurisdiction over “Two Shoes Johnson.”382 My spring 2006 teaching experience at the University of Arizona, South was concluded when I figured out the Kaplan and Norton academic fraud, as I explained just a scant few chapters ago. In June 2006, I responded to an ad in the newspaper to become a construction worker for the Arizona Pipeline Company; gainful cash-flowing employment my goal. I was hired on June 22, 2006. I was a construction laborer. Up to that point, I had received some informal information signals I was to head into construction industry employment.

Let’s just say I was encouraged by the supervisory

jurisdiction funnel. I ended up in the natural gas pipeline construction industry. While on the job at Arizona Pipeline Company from June 2006 to July 2007, I became a certified natural gas pipeline joiner and achieved a Class A Commercial Driver’s License with a

381 I also recently learned my second wife, Renee, recently divorced her second husband. Since Renee participated in illegal grand jury proceedings for her benefit, it may have subjected her to at least an appearance before the Supervisory Powers Court. Just as in Lute’s case, when spouses learn about the appearance, divorce seems to ensue. 382

This is one of the affectionate metaphors for Diane, Tammy, and Charlotte.

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Tanker and Doubles/Triples endorsement.

My criminal offenses preclude my obtaining a

HazMat endorsement until October 2009. Arizona Pipeline Company is among the third-party contractors who perform natural gas pipeline construction under the Southwest Gas Corporation umbrella.

Both companies are

located in California, Nevada, and Arizona. On one occasion while employed at Arizona Pipeline Company, I had a work-related accident. While working in a trench that was only knee-depth I lost my balance and fell into one of those emblems of the Arizona landscape: a cactus. This cactus had skinny little black needles my arm seemed to suck up like a thirst unquenched. I wanted the suckers out. I went to the doctor three times for needle removal. I didn’t lose a day of work; but it did result in a worker’s compensation claim. In early July 2007, I had a minor in-yard accident, creasing the side of a truck as I tried to pull it into a tight parking lane from a narrow turning radius. The Tucson managers deemed I should be taken off driver status; a status which beget an additional 25% pay. I said, “No way; when a guy hits a gas line you don’t take away his pay, you send him to retraining and pay him while he’s there.” I quit. On August 13, 2007, I started working for Northern Pipeline Construction Company; a wholly owned subsidiary of Southwest Gas Corporation. During the interview, I was upfront about my reasons for leaving Arizona Pipeline Company. At NPL, I maintained my pipejoiner’s certification and, eventually, became a driver of commercial vehicles again. While employed at Northern Pipeline Construction Company, I attended monthly safety meetings where financial awards for employee and crew of the month were announced. One of

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the disqualifying factors was whether the employee or any crewmember had filed a worker’s compensation claim. In March 2008, NPL conducted its annual “Kick-Off” meeting. At this meeting, financial awards for employee of the year and crew of the year were announced. I was on the crew that one crew of the year.

One of the disqualifying factors was whether the employee or a

crewmember had filed a worker’s compensation claim. The financial award was $100, cash. I also learned during the foreman’s portion of the annual meeting, foremen learned what their annual bonus was. On February 5, 2008, I incurred a work-related injury while working on a steel natural gas pipeline construction job in Maricopa, Arizona; which is located about 15 miles west of Casa Grande, itself situated half-way between Phoenix and Tucson. I saw the company’s physician the next day and was put on restricted work-status. While on restricted work-status I performed administrative functions for NPL’s Tucson Safety Director, George Manny. One of my tasks was to organize the CDL Driver files, including my own. When I saw the contents of my own file, I saw the employer reference APL had provided NPL. It advised my performance was “poor.” I was shocked. APL had allowed me to drive a commercial truck pulling a backhoe on Tucson’s public streets; yet, it rated my performance as poor. I didn’t catch onto the scheme at first; later, of course, I would. After all, I figured out Bob Kaplan’s sophisticated hustle in record time. During the foregoing March 2008 kick-off meeting, I learned my worker’s compensation claim wouldn’t affect 2007 activities because it happened in 2008. But, next year, I was told, I

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would not receive the annual kick-off gift or be eligible for employee of the year; nor would my crew be eligible for crew of the year. My knee didn’t return to normal status right away. I could dance on it; no problem. When I tried to run on the treadmill with it, however; it seized up. I faced all kinds of pressures, including extortionate threats, to get off my worker’s compensation claim arising from the knee injury. Of course, since I am unwilling to donate parts of my body to a construction job, I refused. Finally, the insurance company’s claims specialist authorized an MRI scan of my injured knee on July 9, 2008. The reporting radiologist authored a report implicating surgical repair on July 11, 2008. However, I would not learn about it until August 4, 2008. I became a NPL crew leader finally; albeit only of a pothole crew. On July 10, 2008, I was using a mini-backhoe to break through the initial asphalt and compacted AB layer to inspect a ½” natural gas pipeline to determine whether it was among the variety Southwest Gas Corporation was then replacing throughout the city. The Southwest Gas Corporation inspector was present and observing; my laborer was spotting the hoe bucket’s impact, searching for unexpected utility presence. All of a sudden I heard the tell-tale hiss and saw a stream of dust shoot upwards. “Fuck,” I thought, “I hit the god damned line.” Whenever a natural gas line break occurs, all hell breaks loose. I directed my laborer to vacate the residence related to the gas line. I dialed 911 to notify police and fire support. I called my immediate supervisor.

The Southwest Gas inspector called the gas company’s

hierarchy. I was fired for hitting the gas line; though it was only at a depth of 7” when the prudent man depth was no less than 24”. All other lines we uncovered in the neighborhood that day had

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been at 27” or 28”. I had located the line and, obviously, knew exactly where it was. However, our locating equipment doesn’t report depth. I had approached the pothole with my usual confidence. As events unfolded, I had trouble getting worker’s compensation claim benefits. I hadn’t any experience in worker’s compensation litigation; but, if you read my litigation resume in Part II you would probably surmise, “No sweat, he’ll get on top of it.” My step-daddy, Bobby, is a market investor.

One of his stocks is Southwest Gas

Corporation. When he learned I was employed under the Southwest Gas Corporation umbrella he told me he had been one of its shareholders for some time. He learned Southwest Gas had owned a financial institution and the bank’s operating results brought down the gas company. Finally, Bobby explained the gas company had gotten rid of its ownership interests in the financial institution. Once it did, Bobby continued to explain, the stock started to perform well. That discussion had always stuck in the back of my mind’s eye. So when all the bullshit over my worker’s compensation claim started, I undertook some research into the history of Southwest Gas Corporation’s financial condition. I went online and retrieved copies of its Form 10-Ks filed with the SEC. Just as Bobby explained, I observed Southwest Gas Corporation had acquired a Phoenixbased savings and loan institution called PriMerit Bank. It acquired PriMerit in 1986. It had to be great timing; right on the eve of the ICMC Reaganomics plan to wrongfully influence money supply pressures away from privately owned real estate investment toward capital market investments; all with a transparent eye toward increasing the value of the ICMC’s centralized control over the allocation of the world’s scarce capital market resources.

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From 1986 until Southwest Gas Corporation divested itself of its PriMerit interests in January 1996, PriMerit’s operating losses indeed impaired Southwest Gas Corporation’s consolidated earnings reports.

I then noticed while the gas company divested PriMerit in

January 1996 it acquired all the stock of NPL in an April 1996 merger. I then developed my theory of the case. Between Bobby’s lecture, my 10-K research, and my own knowledge about the gas company’s business derived from my APL and NPL employment, I came to hypothesize the CEO’s view of the world. Prior to acquiring NPL in 1996, Southwest Gas Corporation essentially awarded thirdparty contractors contracts for the construction of its natural gas pipeline infrastructure. While such contracts surely proved lucrative to such firms as APL and NPL, the lucrative profitability came with the high risk of construction worker injury. Generally, the construction industry is regarded as among the highest rates of injury incidence. Thus, I concluded Southwest Gas Corporation farmed such business to third-parties because it didn’t want to impair capital market assessment of its natural gas pipeline earnings stream. I also theorized Southwest Gas Corporation acquired PriMerit for the purpose of acquiring an earnings stream outside the regulated natural gas pipeline earnings stream. It did so to enable its access to non-equity-diluting capital market financing for its working capital needs. That is, the Arizona Corporation Commission would only allow Southwest Gas Corporation to set rates to finance its infrastructure, per se; but, didn’t allow it to set rates to finance its working capital. As the Southwest Gas Corporation natural gas pipeline infrastructure grew from the mid-1980s to its current level, it would need to acquire substantial working capital financing to afford such expansion. Those who currently control the gas company transparently did not want to give up its control by diluting its common stock ownership.

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A couple of other events supported this theory. First, in the late 1990s a takeover battle ensued between some third-party companies wanting to acquire Southwest Gas Corporation. One of those companies, Southern Utility Company of Houston, Texas, ended up filing a complaint in a Phoenix federal district court against Southwest Gas Corporation and others. The claims for relief included treble federal racketeering damages.

As the discovery period

approached its end, Southwest Gas Corporation filed a motion for summary judgment. The district judge dismissed the federal racketeering charges; leaving other claims for relief to be adjudicated in the upcoming trial on the merits. Shortly thereafter Southwest Gas Corporation settled with Southern Utility Company for a reported $17.5 million. The suit was accordingly dismissed. Raised in the Supreme Court’s school on trial court corruption, I smelled a bribe. It was classic ICMC. The bribe resulted in the dismissal of the federal racketeering claims and cleared the way for a more “reasonable” settlement. The ultimate settlement, of course, would deprive the federal appellate courts of revisory jurisdiction. That is how bribes legislated under the ICMC corruption scheme took place. Now, given the Save The Last Dance For Me informal information signals, I wasn’t sure whether the Supervisory Powers Court had already busted Southwest Gas Corporation for this activity or whether it wanted local law enforcement authorities to observe my worker’s compensation litigation to learn how to bust the corruption. It could be, I theorized, like a corruption-busting classroom exercise. After the Southern Utility Company affair, Southwest Gas Corporation reportedly built in take-over measures to thwart interested suitors.

The commitment to non-equity-diluting

financings was solidified by Southwest Gas Corporation executives.

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By acquiring NPL in 1996, Southwest Gas Corporation thereby declared its willingness to enter into and profit from natural gas pipeline construction. I theorized this strategy probably derived from the Southwest Gas Corporation investment bankers. First, I contemplated, the Southwest Gas Corporation investment bankers concluded capital market investor risk-adjusted rate of return assessment was confounded by the financial institution inter-industry investment. Accordingly, it would be recommended to divest that holding.

Second, while it was yet

paramount Southwest Gas Corporation acquire a non-regulated earnings stream it would be best to acquire one that was intra-industry; thereby avoiding the confounding effects of capital market inter-industry risk-adjusted rate of return assessment. Ergo, Southwest Gas Corporation acquired NPL immediately on divesting its PriMerit interests. While Southwest Gas Corporation transparently foresaw sufficient earnings to support its working capital financing requirements with minimum non-equity-diluting consequences, the capital market risk-adjusted rate of return assessment still required certain management strategies. It would have been foreseeable that capital market investors would ascribe a higher discount rate to the emerging Southwest Gas Corporation earnings stream, due in non-trivial part to the NPL earnings contribution, because the NPL earnings stream incurred the wrath of the “high rate of construction worker injury” perception. Safety training is paramount in the construction industry. Today, it is not uncommon for construction firms to receive more favorable worker’s compensation insurance rates by conducting weekly safety meetings. However, I alleged Southwest Gas Corporation took it one step further; a constitutionally impermissible step. Any company deriving earnings under the Southwest Gas Corporation monopsonistic umbrella would be required by Southwest Gas Corporation to proffer economic disincentives for

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worker’s compensation claims. That is, the economic disincentives were designed to use peer pressure extortion to limit such claims. By and through such limitations, the Southwest Gas Corporation worker’s injury experience would lead to an improved capital market risk-adjusted rate of return assessment, enabling Southwest Gas Corporation to access increased working capital financing from non-equity-diluting sources. Such activities sound in continuing unlawful objectives of a federal racketeering enterprise. Moreover, the litany of extortionate threats I endured while maintaining my worker’s compensation claim for my work related injury comprise the essential predicate racketeering acts to aver legally sufficient racketeering claims against Southwest Gas Corporation and others. The Southwest Gas Corporation worker’s compensation economic disincentive scheme sounds in the ICMC’s industrial economic objective to influence capital market risk assessment by and through changes in law and regulation. Southwest Gas Corporation’s scheme, however, takes it one step further by using peer pressure extortion to manage risks. Don’t forget the poor performance rating I had garnered from APL. My ability to “see” the performance review, itself, was an extortionate threat. If I didn’t drop the claim, I would not be able to get another job in the construction industry owing to both APL and NPL poor performance ratings. True on its threat, I allege the APL and NPL employer references caused ELM Locating & Utility Services to withdraw its job offer to me in August 2008, following my NPL termination. During my ELM interviews, I learned ELM likewise offered the Southwest Gas Corporation characteristic economic disincentives for worker’s compensation claims. Moreover, ELM bonuses were weekly.

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In bad faith claims filed before the Industrial Commission of Arizona, I argued the economic disincentive programs rise to the level of a prima facie federal and Arizona due process violation, owing to the Commission’s reckless disregard as to the existence of such programs by failing to ensure the proscription of same. I also alleged the Southwest Gas Corporation continuing unlawful racketeering objectives were furthered by the blacklisting scheme to use waivers relating future employer references to mark a prospective employee with a negative taint owing to his prior worker’s compensation claims. Southwest Gas Corporation was hell-bent on developing an industry heuristic in furtherance of wrongfully influencing capital market risk-adjusted rate of return assessment. The Industrial Commission of Arizona has yet to finally determine my bad faith complaint. The Claims Manager has served Southwest Gas Corporation, APL, NPL, and ELM with my First Amended Complaint. All firms have answered, save the gas company itself. Under Arizona law, the Claims Manager must next conduct an investigation into the complaints bad faith claims. I have urged her to first garner evidence the economic disincentive programs exist. My argument is that same create a presumption of bad faith the firms must rebut with clear and convincing evidence; a standard of evidence somewhat more rigorous than the preponderance test usually accorded civil actions. In hind sight, while it may be true Grandma wants to educate local law enforcement authorities as to how to discern and bust trial court corruption, she may have also wanted to temper my litigation sword. Having been what I have been through, my natural propensity is to fire all the bullets I can fire and migrate to the appellate courts as fast as possible. “Patience, Randall, patience,” I have continued to counsel myself.

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Grandma may want to educate me the kind of corruption that existed in the Arizona Corporation Commission during the S-2361-I investigation no longer exists among the state’s administrative agencies. The counsel was straightforward: Let the Industrial Commission of Arizona have the first crack at cleaning its own house before hailing it before the courts for correction. Only time will reveal her substantive objectives.383

Fall 2008 At the same time I’m conducting this war against Southwest Gas Corporation I am trying to find a means to make a living where I don’t expose the risk of my NPL work-related injury to other employers. Bobby saw this in me and advised I could earn a few bucks by helping his son, Kelly, paint the townhome where I live with my parents. Kelly is a bigger eater than me. So it would not be unusual for the family to be gathered around the dining room table during his visits. Bobby always has the television on, listening to stock market reports. The market was tumbling on a daily basis in late September 2008 as the Congress contemplated the $750 billion financial institution bail-out. We were gathered around the dining room table at the end of a painting day; getting ready to chow down. It was Monday, September 29, 2008. The dining area television was on; CNN announcers were diligent in reporting the day’s stock market activity. The Dow Jones Industrial Average closing change was reported: -777.68. That’s when I spun around in my chair thinking, “What?”

383 The Arizona Supreme Court captured the notion of “Grandma’s Tits” in the title of a decision I cited in the Southwest Gas Corporation worker’s compensation litigation: Grammatico v. Industrial Commission, 211 Ariz. 67 (Ariz. 2005). Do I need to spell out the informal information signal? It was foreseen I would find that decision as I wound my way through the worker’s compensation case.

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Chapter 35 September 29, 2008 “[T]he stars might lie, but the numbers never do.” It’s a lyric taken from the Mary Chapin Carpenter song, I Feel Lucky. I have always loved the song. In terms of scripture research, the metaphorical reference to “stars” implicates social choice theory space; while the “numbers” represent ordered relations theory space.

It’s

interesting how the lyric recognizes impossibility-plagued social choice theory space by commenting, “the stars might lie.”

On the other hand, it is equally interesting how she

comments, “but the numbers never do.” That’s true; the domain of ordered relations theory’s ordered conflict resolution ethics declaration is always impossibility-resolved. How could she be so spiritual in this song? Now, across the informal information signals highway, the numbers bring on an entirely new meaning. On September 29, 2008, I heard the first informal information signal using a stock exchange market index when the CNN news report announced the Dow Jones Industrial Average closed down for the day at -777.68.

Without fully appreciating the informal

information signal, my first thought was “The Court won the battle.” That is, the Supreme Court of the United States finally ended the civil war by conquering the ICMC and the corruption it has wrought throughout America’s history. I was excited. Not only that it might mean my personal 20-year ordeal might finally be over; but, in the larger picture, America’s nearly 200 year ordeal might be over. Believe me, though, the work for restoring freedom is not over; it has just begun. Let’s save the exposition on that subject for the last and final chapter.

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In this chapter, I will explain the market index informal information signals the Court employed on September 29, 2008. The signals involve the changes in the Dow Jones Industrial Average (DJIA), the NASDAQ, and the S&P 500 market indices. The Court has also chosen to transmit the signals for market indices changes reported at close of market only on Mondays. That, in and of itself, is an informal information signal. I must modestly confess it is intended you understand I am the focus of the signals. That is, I am “the man.” Monday, Man-day; get it? I’m the man who enabled the Court to get its opening in the historic exercise of supervisory jurisdiction against the ICMC. No matter the pain endured, I always took the next step; giving up everything in my life for this cause. It also brought her innocence to the table in commitment unequivocal. So, while I may be the “man,” she is there every step of the way. I know you know who “she” is and it needs no further explanation. But for loving her in the presence of God, I would have never picked up those “Instructions” and cracked the real bible code; giving the Court its most powerful weapon in correcting the Church’s complicity in the unholy alliance that has publicly condemned America’s presidents and other leaders. Whether the Court uses changes occurring in other days of the week to transmit informal information signals to other audiences I cannot determine, declare, or confess. If it is doing so, the language is unknown to me. The idea of writing this book came after I understood the totality of the September 29, 2008 DJIA. In hind sight and predicated on an informal information signal that is translated “Excel in spreading the shit” I concluded I was ordered to write this book. 384 Recalcitrance only

384

The informal information signal involved a request to teach aspects of spreadsheet operations in Microsoft EXCEL in a consulting engagement I had undertaken. I didn’t get it right away; though, only in hind sight. I may have a Ph.D., but I’m still a little slow on some fronts.

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begets uncomfortable sequestration circumstances. It’s sort of like Pavlov’s dog. You know better than to refuse to obey. Besides, there is no appeal from these Orders. That’s the only reason you are empowered to read these pages; on Order from the Supreme Court of the United States through its Supervisory Powers Court. The market indices informal information signals transmitted involve numerical references derived from the scripture research you have been bludgeoned to understand within these pages; facts unique to my life; and, facts unique to my romance unfolding with Charlotte. I will explain the scripture numerical references as we come upon them. I will also make a showing of relevant numerical references to events transpiring between the beautiful Officer Carter and me as we come upon them. However, you need to know a few additional facts regarding my education level. The following years indicate my education achieved:

High School Bachelor's Degree Master's Degree Doctor of Philosophy

1968 1975 1977 1981

Between this chapter and the next I will interpret market indices informal information signals transmitted across nine dates in summer and fall 2008. If you don’t believe these signals; I doubt you will believe any others. So, I decided not to kill myself interpreting for you until you become a believer.

Mirroring the scripture research, the Court decided to get fancy and

employed both horizontal and vertical market index informal information signals. After I heard the -777.68 and discerned why the signals transmitted only on Mondays, I accumulated the market indices changes data before and after September 29, 2008. The nine dates reviewed in this chapter and the next all occurred in 2008 and include the following Mondays:

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Market Indices Changes for Selected Mondays in Fall and Summer 2008 Dates August 25

DJIA

NASDAQ

S&P 500

Σ

-241.81

-49.12

-25.36

-316.29

290.43

13.88

25.48

329.79

September 22

-372.75

-94.92

-47.99

-515.66

September 29

-777.68

-199.61

-106.85

-1084.14

October 6

-369.88

-84.43

-42.34

-496.65

October 13

936.42

194.74

104.13

1235.29

November 10

-73.27

-30.66

-11.78

-115.71

November 24

396.97

87.67

51.78

536.42

-679.95

-137.5

-80.03

-897.48

September 8

December 1

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The -777.68 DJIA The first market index signals I comprehended occurred on September 29, 2008; so let it be the first I share with you. That way, you can walk the walk I walked. The DJIA on Monday, September 29, 2008 was reported by CNN as -777.68.385 The "68" to the right of the decimal point in -777.68 refers to the year I graduated from high school. That part of the informal information signal comments on the level of education required to understand the matters represented by the balance of the information signal; the digits to the left of the decimal point. Let's now turn to the information signal represented by the number "777." As you now know from my scripture research already presented among these pages, 777 is Lamech's Genesis Chapter 5 number representing all the days and years he lived.386 I've always thought it represented a certain event in the scripture writers' social choice theory model. We now know that each triangle of a Star of David is defined by seven levels: the ENDOG level is the five levels of the (VOWn: VOWn+1) theatre (meaning there are 4·16=64 camps in each Star of David triangle), and the EXOG and GOXE levels round out the total of seven levels. The Star of David's equilibratory alignment results in a total of 9 levels.

385

My data source for retrieving market indices change data has been the Money Wrap section found on the CNN URL: http://money.cnn.com/2008/11/03/markets/markets_newyork/; I would merely change the date in the URL for the desired date. Mondays are the most frequent holiday; sometimes there are no market reports for Mondays. 386

When I undertook writing my paper titled For the Glory of God: Why Cain Had to Kill Abel, I came to realize the numerical references in Genesis Chapter 5 define the process of equilibratory alignment in the Christ function. Indeed, before I undertook the foregoing paper I had developed The Christ Model in 2004 while incarcerated on the Steiner Blue yard. The latter paper uses all Genesis Chapter 5 numerical references in formulating the four-digit alignment codes expounded by the Christ Model. Accordingly, I kind of had an idea Genesis Chapter 5 was all about such equilibratory alignment.

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The Christ function is defined as Star of Davidn: n+1 transition. Star of Davidn accounts for the first two 7s in 777. The third “7” implicates the Star of Davidn+1’s first triangle; and signals an aligned Christ Function. In the case of the Court's use of 777 as an informal information signal it is using the first two sevens to represent the Dow Jones Industrial Average closing price on Friday, September 26, 2008 where the closing price represents market equilibrium. Market equilibrium is sort of like unordered objective equilibratory alignment. Ordered objective equilibratory alignment Star of Davidn:n+1 transition is implicated by the 777 numerical reference; transcending market equilibrium on Friday, September 26 to market equilibrium on Monday, September 29. That is, the 777 represents the change in market equilibrium. Taken together, the 777 and 68 is an informal information signal where the Court is saying the way the ICMC effected the change in the Dow Jones Industrial Average from day to day is not all that sophisticated, requiring only a high school education to effect a targeted change. Now that I have explained the -777.68 DJIAΔ informal information signal let's look at the sum of market indices changes that occurred on September 29, 2008. I was pretty excited when I figured out that the September 29th DJIAΔ had to be an informal information signal from the Court. After the excitement ebbed, I couldn’t help but wonder whether there were others. And, if so, was there a story being told. Before I realized the Court was “showing off” by sending signals across the three market indices changes, I realized the October 6th and other DJIA signals. I visited CNN’s web site to look at the history of DJIAΔ on Mondays before September 29 to see if I could pinpoint exactly when the Court began transmitting same. My thought was to

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ferret the time when the Court had conquered the ICMC; at least as indicated by the informal information signal transmissions. The CNN web site has a section called “Money Wrap” where the three indices changes are reported. So I started gathering that data for Mondays’ reported changes. I then came to recognize an appearance the Court was mimicking scripture’s notions of vertical and horizontal space. September 29th is a horizontal space reporting day where the Court used all three market indices, including their sum, to transmit an informal information signal that tells part of the story already reported among these pages. Let me explain the September 29th horizontal informal information signal and the story it tells.

Ordered and Unordered Context Horizontal Market Indices Signals In my paper titled The Apostle Table, Part I – Transitive Exogenous Pressures I came to recognize the Among DGO – Christ Function, whether Given or Any, is all about the relationship to Ordered Relations Theory’s ordered context space as it bears to Social Choice Theory’s unordered context space. While the Genesis Creation Sequence is all about the same relationship in regression, the story of the Christ is about the relationship in progression. I like to explain the relationship as ordered context or Contextk exogenous pressures and the unordered context or Contexti endogenous response. The Christ is all about (Contexti: Contextk) transition graphically represented as follows:

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Contextk Pressure

Contextk Pressure

Contexti Response

Contextk Pressure

Contextk Pressure

The Court is mimicking the (Contextk, Contexti) relationship in the sum of the three September 29th market indices changes. It is saying that the activity metaphorically implicated by the sum (i.e., ordered context) enabled the story implicated by the transition between each market index’s metaphorical contributions (i.e., unordered context). One way to assess the nature of the exogenous pressures is to realize they enable the endogenous response. That is, the endogenous response would not exist but for the exogenous pressures. Let’s examine the exogenous pressures first.

Ordered Context While the DJIAΔ was reported as -777.68; the NASDAQΔ was reported as -199.61 and the S&P500Δ was reported as -106.85. Therefore, the sum of the market indices changes on September 29, 2008 amounted to -1084.14. But, the analysis requires the digits to the left of the decimal points be separated from the digits to the right of the decimal points. Accordingly, there are two elements defining the exogenous pressures. The left-hand digit sum is 777 + 199 + 106 = 1082. The right-hand digit sum is 68 + 61 + 85 = 214. The interpretation of the (Context i:

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Contextk) transition, then, requires the exogenous pressures be defined by interpreting the significance of the number 1082 as it bears to the number 214. Of course, the scripture research described among these pages, research thoroughly known and comprehended by the Court, is the theatre for discerning the numerical representation consequence. The 1082 is a numerical reference implicating analyses set forth in my paper titled The Christ Model. The number 1082 equals (541 · 2). The number 2 implicates 10 2 in the [(GOXE, EXOG, ENDOG), (102, 101, 100)] statement. That is, it is a GOXE consequence. The other aspect is the meaning of 541. As explained in The Christ Model, 541 is the PC4 value in the (SIΠ3, PC4, PCP2) spiritual infrastructure relationship.

The PC4 element

represents the Philosophical Code of Right-Standing Conduct. The foregoing spiritual infrastructure statement is represented in The Christ Model as (540, 541, 545) where the sum of the elements, divided by 3, is 542. When the number 542 is multiplied by 7, the number of levels in a Star of David triangle, the value is 3794. This value appears in The Christ Model as a down-stroke value in The Christ Line. I currently suspect the down-stroke implicates the Pareto Optimal condition, while the up-stroke implicates the Equilibratory Alignment condition; the difference between the two conditions distills the difference between the Given Christ Function and the Any Christ Function. As a result, the Given Christ Function’s “Go to Hell” 666 process is implicated; the story of the crucifixion and resurrection necessary to effect the Among DGO transition. The 3794 numerical reference implicates Among DGO, Given Christ Function transition. The Among DGO transition implicated in all of scripture is EDGO91 which is defined as DGO91: DGO92. In the Mountains of Ararat Social State Definition Accounting System, DGO91 is (2117, 2322) defined while DGO92 is (2122, 2331) defined. My current suspicion is that the Any Christ

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Function EDGO91 transition is a [(2117, 2322): (2122, 2331)] (x) while the Given Christ Function EDGO91 transition is a (2117: 2322: 2122: 2331) (x). The difference between 2331 and 2122 is 2331 – 2122 = 209. There are seven levels in a Star of David triangle; 7 · 209 = 1463, and 1463 + 2331 = 3794. Now you can see why the numerical reference 3794 implicates the Among DGO Given Christ Function and not the Among DGO Any Christ Function. The important point is the Given Christ Function 666 Go-to-Hell necessary condition. Let’s now look at the interpretation of the right-hand digit sum, 214. Again we find the [(GOXE, EXOG, ENDOG), (102, 101, 100)] statement implicated; 214 = 107 · 2. The numerical reference 107 is the threshold UMEP value in the (107, 114, 128) Star of David progression evidenced in The Christ Model and other academic papers derived from the scripture research and described in this treatise. The implication is a {[GOXE, EXOG, ENDOG], [(107, 102), (114, 101), (128, 100)]} relationship where the (107, 102) element is GOXE defined. Now the exogenous pressures interpretation is at hand: A creation sounding in ordered context exogenous pressures enabled the ensuing endogenous response.

Let’s turn to

interpreting the endogenous response and then we will link the exogenous pressures and endogenous response interpretations together.

Unordered Context In the setting of the endogenous response, each market index change tells part of the story comprising the informal information signal. We have already ferreted the interpretation of the DJIAΔ -777.68 numerical reference. Let’s next assess the S&P500Δ -106.85.

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The September 29, 2008 S&P500 The right-hand digits 85 implicate the year 1985. 1985 is a key year inasmuch as it is the year the Berkley Racketeering Enterprise bribed my attorney Peter Beren to forestall my full realization I was in a strong litigation position going into the summer 1985 reinsurers’ audit of the Admiral Bond Program. The Court may have concluded I knew something was amiss, owing to Beren’s short-shrift legal advice when he responded my only course of action was to get a letter from Admiral that permitted Kinney receiving his loan brokerage commission payments. However, I didn’t completely comprehend it until after the summer 1995 catharsis while I was incarcerated at the Mohave Unit.

The Court’s assessment implicates the left-hand digit

numerical reference. The left-hand digit numerical reference is 106, which is equal to 53 · 2. The numerical reference 53 occurs in scripture at Nehemiah 7:70 where it is reported there are 530 priest garments.

Also note Nehemiah 7:72 reports 67 priest garments.

While Nehemiah 7:70

implicates an EXOG statement in the sense of [(GOXE, EXOG, ENDOG), (102, 101, 100)] the Court is using a GOXE statement. Recognize, first, the use of a numerical reference quantifying priest garments implicates the Instructions and the Blessed Marriage I sought with the beautiful Officer Carter inasmuch as they were officially titled How to Become the Priest of the Home. To that extent, the Court has combined her walk of innocence and my walk of blind faith inseparable; which itself implicates the Holy Ground of I Am and the Sacred Feminine. Now, let’s look at the spiritual infrastructure progression implicated by scripture’s 53 and 67 numerical references in the Book of Nehemiah as quantifying the priest garments. Typically, (SIΠ3, PC4, PCP2) spiritual infrastructure is cast in numerical relationship by the following algorithm: (SIΠ3, , PC4, n · 4, PCP2). That is, the SIΠ3 is generally one unit less than the

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PC4 while the PCP2 is generally four units greater than the PC4. Accordingly, the first thing we do is note the difference between 53 and 67, or 14. Assuming, arguendo, 53 is SIΠ3 equated and 67 is PC4 equated, then the PCP2 value is 67 + (14 · 4) = 67 + 42 = 109. Now, all need be is to appreciate the significance of the 109 numerical reference. Briefly, the 109 numerical reference implicates my paper titled The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (Numerical-Reference, Philosophical-Content) Nexus (the “Nexus Paper”). In material part, that paper explains why the scripture writers focused on EDGO91 or the (DGO91: DGO92) transition. My thesis for the focus is that is the EDGO where the scripture writers found the ethics endowed physical universe and the philosophy of the human condition coalesce; which is to say, it is where man meets his Maker. In the Nexus Paper, I explain the Hebrew Calendar’s (29, 30) day months metaphorically represent the ethics endowed physical universe. I then explain the Star of David represents the philosophy of the human condition and is implicated by the numerical set (31, 28). I explain this set in my paper titled The Christ Model as the point defining where the Star of David’s two triangles align. In the Nexus Paper, I demonstrate the coordination of these algorithms, to wit: Star of David

Hebrew Calendar

3128 +8213 11341 + 9010 + 12210 21220 ======

3029 +9203 12232 + 9910 + 12210 22120 ======

Briefly, the Star of David algorithm uses the Star of David (31, 28) numerical reference and the number 901 to explain the DGO92 2331 value’s migration to the DGO92 2122 value. - 612 -

Moreover, the Hebrew Calendar algorithm uses the Hebrew Calendar (30, 29) numerical reference and the number 991 to explain the DGO91 2322 value’s migration to the reflexive DGO92 2122 value. The Court’s oblique reference to the number 109 is implicated by the 106 or 53 · 2 value. Read right-to-left, 109 is the number 901. The number 901 implicates the Star of David or philosophy of the human condition side of the God-Man coalescence. Since the right-hand digits implicate the corruption taking place in 1985 as aforedescribed, the 106 left-hand digits implicate the corruption of the philosophy of the human condition. I have already explained herein that the scripture writers bowed to the Creator upon proving the ethics endowed physical universe corrects the corruption of the philosophy of the human condition. Let’s look at the NADAQ reported on September 29, 2008. The September 29, 2008 NASDAQ The September 29th NASDAQΔ was reported as -199.61. The left-hand digits represent the Hebrew Calendar side of the EDGO91 reconciliation presented above. The number 199 read right-to-left is the number 991. That wasn’t as difficult to interpret, was it? The right-hand digits, 61, implicate the year 1961. During summer 1961 is when I met Diane McCormick sunning by her pool in her light green two-piece bathing suit; radiant she was in the late morning sun light. Recall what was playing on the transistor radio: Elvis Presley’s Crying in the Chapel had become the Top 40’s new Number One tune. The title Crying in the Chapel is a metaphor for Grandma’s Supervisory Powers Court.

The crying part refers to her duty fulfilled in

correcting illegal conduct in the courts. The relationship of the S&P500 to the NASDAQ implicates the Supervisory Powers Court’s correction of the 1985 Berkley corruption of my attorney Peter Beren. The relationship - 613 -

of the S&P500 and NASDAQ numerical references to the DJIA suggests Berkley’s 1985 corruption of Peter Beren and its attendant illegal activities led to the Supervisory Powers Court’s correction of same; and, in turn and importantly, led to the Court conquering the ICMC by announcing the ICMC’s corrupt manipulation of market indices quotidian wasn’t all that sophisticated, requiring only a high school level education.

The (Ordered, Unordered) Context Relationship The totality of the individual DJIA, NASDAQ, and S&P500 stories comprise the endogenous response to the exogenous pressures enabling such a response. What the Court is declaring through the exogenous pressures interpretation as set forth above is that my GivenChrist-Function-like walk, where I endured the panoply of consequences summed as living through the Going-to-Hell process enabled the progression from Berkley’s 1985 corruption orchestrated against me to the Court conquering the ICMC. That’s not only a fairly comprehensive explanation of the September 29th market indices informal information signal orchestrated by the Supreme Court of the United States through its Supervisory Powers Court; but, it also explains why it orchestrates signals for my interpretation on Mondays; it’s because I’m the “Man”, the one who enabled the Court to conquer the ICMC. The “Man” becomes compounded with Charlotte in the image of the Sacred Feminine when the conquering embraces the unholy alliance’s other partner – the Church. The scripture research was absolutely critical in this attack because it took away the Church’s most important secret harbored for over 2000 years: APPGIT and the Grace and Elegance axioms. We already know, but for loving her, I would have never picked up those instructions. 387 Now, let’s look at

387

Did you see the Christmas 2008 holiday film Four Christmases? That movie had some CharlotteRandall metaphorical implications. Remember the scene when Vince Vaughn’s character played Joseph and Reese Witherspoon’s character played Mary in the Church’s story of the Nativity? Remember how Vince paraded around

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some of the Court’s other market indices related informal information signals occurring in summer and fall 2008.

the stage with his arms spread; essentially saying, “I’m the man” while the beautiful Reese could only look on aghast? That was a Charlotte-Randall love metaphor.

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Chapter 36 Monday, Monday Monday, Monday; and you thought it was merely a Mamas and Papas tune.388 I started investigating all the Monday market indices changes as reported in the Money Wrap section of CNN’s web site. Although I espied the several Monday indices changes announcements not necessarily in a chronological order, I did so to confirm my suspicion the Court was using the venue to transmit informal information signals. Nonetheless, I will review some of them in chronological order here. Be forewarned; I introduced you to the scripture research so you could see the signals revealed; the Court leaned heavily on the scripture writers’ philosophical logic in promulgating these signals.

The Darkened En Banc Courtroom Signal On August 25, 2008, the DJIA was reported as -241.81; the NASDAQ was reported as -49.12; and the S&P500 was reported as -25.36. The sum of the foregoing is -316.29. The signal’s exogenous pressures require the sum be read right-to-left: 92.613. The interpretation is straightforward. The “92” refers to the year 1992. In 1992, I traveled to San Francisco with Stacia, Don Gabriel, and Pam Patton. When Donald and I arrived on the Ninth Circuit’s main floor in the middle of the office building in which it was then housed, the Court’s Clerk met us as we got off the elevator. She verified our identity and then escorted us to be seated in the darkened en banc courtroom. Although it would be a few years before I would appreciate it; it was the Rehnquist Court’s supervisory jurisdiction informal information signal. The 613 is the number of Divine Commandments in the Sefer HaMitzvoth; a number instrumental in the reconciliation of the ethics endowed physical universe 388

Along the informal information highway, the radio station signal carries an informal information content of celebration.

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and the philosophy of the human condition.389

Transparently, the July 3, 1992 Divine

Commandment was that the Supreme Court had acquired supervisory jurisdiction over my person and property. The individual market indices changes are also somewhat enlightening. The -241.81 DJIA is fairly straightforward to interpret. The two digits to the right of the decimal are “81” and implicate the year 1981; the year I earned my Doctor of Philosophy degree. The 241 is among the numbers incurred in the quantitative analyses explaining the conversion of water (37) into wine (515). So, unique by this market index change, the Court is saying that the path to move from unholy alliance corrupt control over the markets to a corruption-free free market requires a Ph.D. level education. Part of the migration involves displacing societal values that appear to be based on (individual: societal) well-being transitivity, but are substantively illusionary inasmuch as they were born out of unholy alliance misdirection tactics. The NASDAQ, taken together with the S&P500, may implicate the unholy alliance. Interestingly, the NASDAQ is -49.12, where 49 + 12 = 61; and, the S&P500 is -25.36, where 25 + 36 = 61. Naturally, 61 + 61 = 122. DGO92 is (2122, 2331) defined. You read the elements of each number as a [(Social Welfare State), (GOXE), (EXOG), (ENDOG)] statement.

Therefore, 122 represents the

[(GOXE), (EXOG), (ENDOG)] portion of the DGO92 2122 element.390

389

See my paper titled The (30, 29) Hebrew Calendar, (31, 28) Star of David and (613) Sefer Ha-Mitzvoth (Numerical-Reference, Philosophical-Content) Nexus available on either www.pbwmodel.com or www.randallcv.net. 390 The Christ Model, p. 140, explains the algorithm that, at once, comprises some of the evidence Pythagoras wrote scripture inasmuch as (3, 4, 5) Pythagorean values are employed and comprises how the number 122 is derived from the Numbers Chapters 1 and 2 twelve tribe census total of 603,550 and the Numbers Chapter 26 census total of 601730. Ergo, both factions of 122, each 61, are an equal and necessary condition for social welfare migration.

- 617 -

It appears the Court, here, may be saying that fulfilling the exercise of its supervisory jurisdiction equally requires conquering both the ICMC and the Church so that the tenets of the Constantine Agreement are finally put to death without prospect of ever resurrecting again. Else, unholy-alliance-like corruption may resurface; perhaps even on a more sophisticated level.391 That is, it is just as necessary for the Court to correct the Church as it is to correct the ICMC.

The Grace & Elegance Signals On September 8, 2008, the DJIA was reported as 290.43; the NASDAQ was reported as 13.88; and the S&P500 was reported as 25.48.392 The sum is reported as 329.79. It appears this series of numbers is about Charlotte empowering the Grace and Elegance axioms that enable impossibility-resolved social choice theory. The exogenous pressures are defined by the 329.79 sum. First, the year in which I wrote “Grace and Elegance, pistillate precepts redefined by you” was 1997; ergo, the right-hand digits read right-to-left are “97.” When added to 329, the date is revealed: 329 + 97 = 426. The date I wrote this beautiful statement accounting for the moment she looked back over her left shoulder on March 14, 1997 was April 26, 1997; a scant 2 and a half months later. Here’s the card:

391

Generally, corruption becomes more oblique and sophisticated as means for its capture evolve in sophistication. Therefore, part of the Supervisory Powers Court’s challenge is how to fashion its heavy-handedness in lasting internal controls that not only proscribe contemporary corruption but facilitate the capture of corruption evolving in sophistication. 392

It may be that when the market indices changes are all positive the informal information signals implicate the Sacred Feminine’s role: shaping perspective through axiomatic showings. When the signals are completely negative the signals implicate I Am’s role: correction showings.

- 618 -

As you can tell, I wrote two flowery statements for Diane to consume. All right, I admit I was thumbing through the newly acquired Merriam-Webster Collegiate Pocket Dictionary and got a little carried away. But her April 26, 1997 card included the cover and the two loving thoughts; one just a tad more profound than the other, in hind sight; no pun intended. Here, the Court transparently used the market indices changes sum as the endogenous response. The endogenous response requires adding the left-side digits across all three indices; and then adding the right-side digits across all three indices. The sum of the left-hand digits is - 619 -

290 + 13 + 25 = 507. Read right-to-left, the number 507 is 705; 1975 is the year of Diane’s birth as I came to believe it was on August 12, 1997 via the KOOL 94.5 FM radio station informal information signal. The interjected “0” is a Sacred-Feminine-like implication. In the course of the scripture research, I came to suspect the scripture writers adopted a similar metaphorical habit. The sum of the right-side digits is 43 + 88 + 48 = 179. The Christ Model explains the rationale for adding 25 to 107, for a total of 132. It is a UMEP empowerment (x). The sum of 179 and 132 is 311, to wit: 179 + 132 = 311; and, 311 · 11 = 3421, the numerical reference for a completed Star of David. I endogenously responded to Diane’s Grace and Elegance showing by articulating the Grace and Elegance the axioms that lead to impossibility-resolved (individual: societal) well-being transitivity; that is, the Grace and Elegance axioms enable a completed Star of David. This signal ties into the preceding signal insofar as the 2001 holiday decipherments of APPGIT and the Grace and Elegance axioms are scripture’s most significant encrypted secrets. It appears the Church, though it disclosed many other secrets to world governments throughout the ages to cement its socio-economic position, retained these most vital secrets. The Court transparently recognizes because same are now deciphered, the Church’s stranglehold over global economic policy is eviscerated. The “He Needs a Little Education” Signals On September 22, 2008, the DJIA was reported as -372.75; the NASDAQ was reported as -94.92; and the S&P500 was reported as -47.99. The sum is reported as -515.66. This set of signals implicates the idea that I need a little education in certain areas: first, to enable figuring out the corruption leading to my criminal conviction; and, second, to enable me - 620 -

to be successful in studying the instructions and cracking the real bible code by deciphering APPGIT and the Grace and Elegance axioms. The two sets of education have enabled me to write this book. The exogenous pressures aspect of the September 22, 2008 market indices changes is provided by the sum value, -515.66. In my paper titled The Christ Model, 515 is the numerical reference implicating scripture’s wine metaphor. In scripture, the conversion of water into wine is all about enabling one to become a leader to the extent the ability to empower others as to impossibility-resolved (individual: societal) well-being transitivity is attained.

The “66”

implicates the Among DGO – Given Christ Function where enduring the 666 process is a necessary education condition. Accordingly, the Court is employing the exogenous pressures signal to set the stage for understanding yours truly needed a little education along the way. Of course, since we are already somewhat educated in life owing to formal education and life’s experiences, oft times the beginning point for undertaking new learning experiences isn’t necessarily square one. That is what the September 22, 2008 DJIA, -372.75, is implying. The 372 value is taken from Ezra 2:4 and Nehemiah 7:9. That is, it occurs in both books at the beginning of the listing of approximately forty numbers involving the process of deriving the four-digit alignment codes. The use of this value by the Court in this signal implies education juxtaposition; an inception statement. The “75” refers to the year I received my bachelor’s degree from the University of Arizona. In sum, this portion of the endogenous response advises my beginning point in the education process, given targeted objectives, was a bachelor’s degree education level. The NASDAQ, -94.92, is a dead give-away for the time I spent working in Mexico as an international finance consultant from 1992 to 1994.

- 621 -

During this engagement, I was

instrumental in orchestrating a surety credit enhancement product designed to bridge Mexico’s sovereign risk limitation where the objective was to make long-term, affordable interest rate financing available for public and private development projects. In the process, I learned more about surety credit enhancement vehicles than I already knew from my experience in dealing with the Admiral Bond Program. In hind sight, it is transparent the Court orchestrated this consulting opportunity to further my education about the surety business with an eye toward understanding the consequences of Admiral’s violation of the monoline mortgage guaranty insurance statute. The education must have paid off. On August 4, 1995, I blurted out in my telephone conversation with attorney Wilkinson, “The bonds are void, it’s in the Exit Interviews … .” Then, I spent the next two months in the prison law library figuring out why I had said what I had said. The S&P500, -47.99, refers to the education the Court orchestrated to enable me to study the Instructions and decipher APPGIT and the Grace and Elegance axioms; the keys to understanding the Church’s decipherment secrets it solely possessed for two millennia. The “99” refers to 1999. In January 1999, I undertook the study of the Instructions. This is the close of the education period where I hadn’t yet begun the study. The beginning of this education period is implicated by the “47.” This value refers to my age. I was 47 in 1997. The Court had already concluded I espied the spirits of Grace and Elegance and had given them over to the Lord God Almighty as Diane looked back over her left shoulder on the morning of March 14, 1997. Moreover, the Hide & Seek game with the Chief Justice had ensued shortly thereafter. Thus, there must have been a suspicion I had hid my love for Diane in the presence of God in the presence of the Sacred Feminine and that the spirits of Grace and

- 622 -

Elegance would bear significance in scripture interpretation. Accordingly, from March 14, 1997 until January 1999, the scripture education I received by attending bible studies and nondenominational protestant services while incarcerated were probably designed towards the end of deciphering the Church’s most prized scripture secrets. The decipherment would be needed in conquering the Church’s participation in the unholy alliance. Between Thanksgiving and Christmas 2001, the education paid off.

I deciphered

APPGIT at Thanksgiving and defined the Grace and Elegance axioms over the next few weeks; complete definition by Christmas 2001. Who’s Cheatin’ Who? On October 6, 2008, the DJIA was reported as -369.88; the NASDAQ was reported as -84.43; and the S&P500 was reported as -42.34. The sum is reported as -496.65. I refer to this set of market indices changes as “Who’s Cheatin’ Who?” for the reason that there transparently came a point when the Court concluded God may have used the Court and its power and authority as a means for Divine Correction rather than it using me for supervisory jurisdiction correction.393 The exogenous pressures value, -496.65, taken on its face, implicates Divine Correction. First, across the informal information signal highway, the number “65,” taken from Genesis 5:21, implicates the story of Enoch who had walked with God. The “496” implicates the Among DGO – Any Christ Function inasmuch as 496 = 31 · 16. That is, the number 31 implicates the number of socio-economic entities in a (VOWn: VOWn+1) theatre.

Sixteen such theatres

The radio station informal information signals use the Alan Jackson tune Who’s Cheatin’ Who to implicate this very notion: who is getting used by whom for what purpose? 393

- 623 -

implicate two Stars of David inasmuch as there are four triangles in two Stars of David and each triangle is defined by four (VOWn: VOWn+1) theatres. Two complete Stars of David implicate the Among DGO – Any Christ Function inasmuch as the 666 process is avoided in the Any Christ Function and Star of David progression can take place by entire Star of David migration and not by triangle-by-triangle migration as is required in the Given Christ Function. The four triangles also implicate ordered context. In the grandest scheme, Ordered Relations Theory space defines ordered context. And, as you know by now, Ordered Relations Theory space is where I Am and the Sacred Feminine reside combined.394 My suspicion is that I Am descends into scripture in the flesh to legislate correction showings while the Sacred Feminine remains atop the Book of Genesis such that only her derivatives descend into social choice theory space and among scripture’s pages. Romantically, I Am protects His Babe in this fashion. As a result, the -496.65 exogenous pressures numerical reference implicates Divine Correction. Let’s take a peek at the significance of the individual market indices changes for October 6, 2008. The DJIA, -369.88, tells when the Supreme Court believed it found its opening against ICMC corruption in America. The “88” tells us the year was 1988; the year in which Admiral submitted the Exit Interviews for in camera inspection to Judge Bilby in federal district court and Judge Fleischman in the state superior court. It was also the year the Exit Interviews were first submitted to the Ninth Circuit when Admiral sought emergency mandamus relief from Judge Bilby’s Order to disclose same to its adversaries.

394

The scripture writers perceived the distinction between combined and confounded as akin to the distinction residing above illusionary consequence variables and residing below same.

- 624 -

Upon inspection by the Ninth Circuit, the Supreme Court transparently also learned same and recognized its sought after opening against the ICMC. The balance of the DJIA tells us as much: the number 369 read right-to-left is 963. Reading right-to-left emulates the (macro: microeconomic) perspective. Then, dividing 963 by 9 reveals the tell-tale UMEP Star of David ENDOG value, to wit: 963 ÷ 9 = 107. The “9” obviously implicates the Supreme Court’s nine justices.

The “107” implicates the UMEP Star of David ENDOG level, signifying the

commencement of supervisory jurisdiction in the Court’s attack against the ICMC. The NASDAQ and the S&P500 must be considered together. The former October 6, 2008 value was -84.43 while the latter value was -42.34. Regrouping the values, indicating their inextricable relationship reveals the values 8442 and 4334. The value 8442 implicates me: 8442 = 9 · 14 · 67. The Court is represented by the “9.” I am represented by the “67,” the number of priest garments in Nehemiah 7:72.395 It is an ENDOG value inasmuch as 67 = 100 · 67. The “14” refers to the number of levels in the UMEP set progression defined in earlier chapters as [(4, 37)1 . . . (95, 128)14]. By using 14, the Court is making a “total commitment” statement. That is, by taking supervisory jurisdiction over my person and property, it is totally committed to fulfilling whatever objectives the Court subscribed in my interest from the get-go. The number 4334 implicates my Nexus Paper’s [(Philosophy of the Human Condition), (Ethics Endowed Physical Universe)] primary and antithetical relationship in social choice theory space. I say this inasmuch as 4334 = 2122 + 2212; implicating the DGO92 element, 2122. Recall this schedule from the last chapter:

395

By using the priest garments number, 67, the Court is also implicating Officer Carter and the Instructions I received at the South Unit facility on March 13, 1997 titled How to Become the Priest of the Home.

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Star of David

Hebrew Calendar

3128 +8213 11341 + 9010 + 12210 21220 ======

3029 +9203 12232 + 9910 + 12210 22120 ======

Based on the foregoing, it remarks in the exogenous pressures the Court transparently realized as the scripture research unfolded: the scripture writers bowed down to the Creator on proving the ethics endowed physical universe corrects the corruption of the philosophy of the human condition. The question then is: Did the Court conscript me to fulfill its supervisory jurisdiction correction of illegal conduct in the courts objective? Or, did God conscript the Court, through me, to effect the bi-millennia Divine Correction mandate? That is what is meant by the description for this set of market indices changes: “Who’s Cheatin’ Who?” Another interesting observation involves the progression from the September 22nd to the September 29th, to the October 6th set of market indices changes. The September 22nd signals indicate the idea Randall needs some education.

The September 29th signals evaluate the

exogenous pressures that shaped the Court ultimately conquering the ICMC. Then, the October 6th signals find the Court scratching its head in ex post analysis wondering, “Just whom conscripted whom?” The point is, God can use just one man and one woman to effect a Divine Correction mandate affecting the entire world if God strategically juxtapositions that man and woman into the equation. Do you believe God intended Diane and I meet the way we did?

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The Divine Correction Mandate On October 13, 2008, the DJIA was reported as 936.42; the NASDAQ was reported as 194.74; and the S&P500 was reported as 104.13. The sum is reported as 1235.29. The first observation is that this set of market indices changes is completely positive. Ergo, our initial suspicion is that the informal information content involves axiomatic perception. Indeed, the signals sound in the nature of America’s perception of Madam Justice O’Connor’s Supervisory Powers Court mandate. That mandate transparently embraces both the objectives of correcting illegal conduct in the courts by eviscerating the seeds of ICMC corruption and restoring America to corruption-free free markets with minimal economic havoc wrought in the transition. It appears all the digits at the right of the decimal points for the three indices, and their sum, tell the story of the litany of assassinations of America’s presidents and leaders as reported among these pages. Let’s arrange the right-hand digits to tell that story, to wit: DJIA

NASDAQ

S&P500

Σ

42

74

13

129

The story is told beginning with the number 427413. In the scripture research, 427 implicates the number 61 inasmuch as 7 · 61 = 427. The “7” implicates the number of levels in a Star of David triangle; the “61” implicates half the 122 (GOXE, EXOG, ENDOG) DGO92 2122 element. In my paper titled The Christ Model, the number “413” implicates the notion of a completed Star of David, led to completion by a UMEP.

Altogether, the number 427413 implicates the

migration from the subjective to the objective inasmuch as it implicates migration from a Star of David triangle to a completed Star of David. In scripture, faith is defined by the (subjective:

- 627 -

objective) transition. The scripture writers counsel when creation is aligned in the will of God, the transition is assured. The Pledge of Allegiance captures scripture’s notion that (subjective: objective) transition is assured when creation is aligned in God’s will when it says, “one nation under God, indivisible.” Accordingly, the value 427413 is a numerical reference metaphor for the foregoing Pledge of Allegiance clause. Another important numerical reference taken from my scripture research essential to interpreting this signal is that the number “21” is a numerical reference to Abraham. Here, the number 21 also implicates Abraham; but, this time it refers not to the bible character Abraham. Rather, it refers to Abraham Lincoln. So the first part of the informal information signal algorithm implicates the idea that America was one nation under God, indivisible until the ICMC assassinated Abraham Lincoln to stop him from telling America about the unholy alliance and the Church’s secret that scripture is an encrypted social choice theory model and not a report of historic fact.396 Thus, the algorithm begins: 427413 ÷ 21 = 20353

The algorithm means America lost her innocence through ICMC corruption and violent assassination tactics.397 Now, let’s turn our attention to the sum value, 129.

The reason maintaining the Church’s scripture decipherment secret was important to the ICMC distills the rancor sure to follow and the increased uncertainty in the battle over the allocation of scarce resources; that is, a quelled hoi polloi disturbed into revolution. The certainty of the labor factors of production delivered by the Church’s socio-economic partnership was to valuable to be destroyed by Lincoln’s then forthcoming disclosures. Accordingly, his assassination ensued. 396

397

As I wrote in Part II, once the forces at play in the Lincoln assassination are distilled then the question becomes whether the anteceding deaths of Presidents Harrison and Taylor came by ICMC poison; the Church’s assassination weapon de jure.

- 628 -

In earlier discussions, I suggested the scripture writers used interspersed zeroes to implicate some sort of “Holy” or “Sacred” notion. In this interpretation, the zero is removed to implicate an unholy notion. The number is 1029 or 10/29, the day the stock market crashed in 1929.398 In the story of Black Tuesday among these pages, we heard how Joe Kennedy, Sr. managed to convert his stock portfolio to cash right before the big crash; bragging he did so on a tip from a shoe-shine boy. On these grounds, I alleged Joe, Sr. had been an ICMC insider on Black Tuesday. Later, Joe, Sr. would become the Ambassador to the Court of St. James in the FDR administration. He spoiled his own chances for becoming FDR’s ICMC-chosen successor by his political gaffes publicly supporting Hitler’s wisdom. Transparently, Joe, Sr. was kicked out of the ICMC and, thereafter, sought his revenge against the tyrannical cartel by pushing his sons to become President in his place. Thus began the Kennedy Curse. Here, the numerical reference 129 is added in the algorithm to implicate the idea that the ICMC assassination tyranny lasted through the Kennedy Curse, to wit: (427413 ÷ 21) + 129 = 20482 The number 20482 is equal to (7 · 14 · 209). The number 209 is the difference between the DGO92 (2122, 2331) elements. The DGO92 elements are regarded as implicating capital and operations formation; the relationship between those who manage capital and those who manage business processes that employ capital.399 The scripture writers viewed equilibrium, not in

398

When you remove the zero in 1029, you obviously are left with 129.

399

The current plethora of CEO multi-million dollar bonuses notwithstanding reports of significant operating losses is symptomatic of America’s CEO’s aiding and abetting the unholy alliance for their own financial greed.

- 629 -

supply and demand terms, but in terms of equilibratory alignment of capital and operations formation. The other part of the algorithm is (7 · 14); or [7· (7 + 7)]. The point being, three sevens, or 777 is implicated. We already know this informal information signal implies transition from market-equilibriumn to market-equilibriumn+1. So, this part of the algorithm is confessing the effect of the unholy alliance’s consequence on market equilibrium. At best, it was always illusionary by the scripture writers’ definition of economic consequences; notwithstanding that the Church has always been in possession of scripture’s decipherment key. The interpretation of the right-hand digits of the market indices changes is now complete. It speaks to the secret, ugly side of America’s history. Now let’s see what the left-hand digits have to say on October 13, 2008. You need to understand if Randall could be a professor anywhere to vindicate the scripture research it would be the University of Chicago; after all, I was born in Illinois. So, along the informal information signal highway songs like Sweet Home Chicago implicate the kind of scholarship propagated by that institution. I bring this up because Chicago’s area code is 312; and, that numerical reference implicates the notion of University of Chicago-like brainpower.

The kind of brainpower the Supervisory Powers Court would use to ensure

America’s restoration to an ICMC corruption-free free market. The DJIA 936.42 left-hand digits, when divided by 3, equal 312; Chicago’s area code. The Chicago area code implicates the Supervisory Powers Court is transparently retaining the best brainpower available to guide the transition to a corruption-free fee market.

The 3

multiplier is symptomatic of the ordered context (Social State, 103) pair-wise variables in the

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[(Social State, GOXE, EXOG, ENDOG), (103, 102, 101, 100)] corollary. In this setting, ordered context transparently takes on the capital formation – operations formation dichotomy. Finally, divisibility, itself, metaphorically implicates dismantling the unholy alliance’s economic stranglehold. That is, the economic policies formulated by the Supervisory Powers Court must ensure capital and operations formation equilibrium free of unholy alliance corruption. There is a commonality between the NASDAQ “194” and the S&P500 104. Allow me to explain.

In the four theaters comprising a Star of David triangle, the triangles are

described by the scripture writers in a 1243 order: 1243, 2134, 3421, and 4312. These values are articulated in the APPGIT language. Lamech’s vertical states of the world are correlated as follows:

[(ENDOG, 1243),

(EXOG, 2134), (GOXE, 3421)]. The 4312 variable is lost in the (horizontal: vertical) transition. Each term is 11 divisible: 1243 ÷ 11 = 113; 2134 ÷ 11 = 194; 3421 ÷ 11 = 311; and, 4312 ÷ 11 = 392. The sum of the first two values is 307 and the sum of the last two values is 703. As you can tell, the 194 numerical reference implicates the 2134 state of the world. This is a numerical reference for the Nation of Israel or “works in the law.” Foreseeably, the Court is using the metaphor here to represent resolved Supervisory Powers Court matters. That is, once the Supervisory Powers Court resolves its “works in law” it is still burdened with the task of restoring America’s free markets to a corruption-free state. The key to understanding the S&P500 “104” numerical reference and why it implicates the same metaphor as 194 is to begin the analysis by recognizing the 104 implicates a quaternary order’s higher order primary value. If we assume, arguendo, the same value is attributable to all four orders, then the sum of the values is 104 + 104 + 104 + 104 = 416. Now, the key is to read

- 631 -

the 416 right-to-left; it reads as “614.” The number 614 is equal to (2 · 307). The number 307, when multiplied by 11, becomes 3377.

And, finally, 3377 = 1243 + 2134.

The eleven

divisibility is another form scripture uses to express the unordered condition. I discern no substantive difference between 194 and 307; given 113 commencement. It implicates the same notion: the unordered condition of the Nation of Israel or “works in the law.” In total, then, we can see that the NASDAQ and S&P500 left-hand variables implicate three unordered Nations of Israel or “works in law.” Scripturally speaking, unordered context amounts to “works in law” relative to ordered context’s “Grace.” Ordered context would mean the Court has corrected both capital and operations formation prongs; unordered context would mean the Court has completely corrected one prong but has yet to completely correct the other prong. Transparently, since the Court is transmitting informal information signals through market indices changes, the conclusion is that it has corrected the capital formation prong at the level of unordered context. Let’s turn our attention to the sum variable, 1234. It is determined by taking the sum, 1235.29, and subtracting the Black Tuesday metaphor, 1.29:

1235.29 – 1.29 = 1234.

In

scripture’s numerical manipulation schema, the number 1234 implicates the horizontal state of the world because it is defined by four digits rather than three. Moreover, 1234 represents the notion of a progression single lock. This comes by transforming the APPGIT Language 1243 into 1234. Since this value is read from the right-to-left macroeconomic perspective, meaning 4321, it implicates the notion there is a progression lock foreclosing Star of David completion where such completion is 3421 implicated. There are nine levels in the Star of David. The vertical value for a completed Star of David is 342; the horizontal “1” is truncated in the (horizontal: vertical) transition. Interestingly,

- 632 -

1234 + (9 · 342) = 3421; the completed Star of David numerical reference assessed from the horizontal (microeconomic: macroeconomic) perspective. Transparently, therefore, the Court is using the (1234: 3421) migration to represent vertical progression leading to a completed Star of David, an objective form of market equilibrium, which can only come by resolving the works in law (unordered: ordered) context transition. The battle to correct the operations formation prong goes on. It is transparent by what is taking place in Congress today. Financial bailouts, auto industry bailouts; probably three trillion dollars in additional debt. Members of Congress in their own survival self-interest are grasping at operations formation solution straws when they know the Court has corrected capital formation protagonists; evidenced by the Court conquering the ICMC. Members of Congress are unwilling to confess their ICMC corruption complicity; knowing full well they will be voted out of office if the public fully comprehends the story set forth in this book. However, the Court cannot substantively complete the (corruption: corruption-free) migration until the Congress stops propping up the operations process managers; corporate America’s CEOs, the ones who aided and abetted the ICMC in order to line their own pockets with enormous amounts of gold.

The Election Results The first Monday following the November 4, 2008 election was November 10th. The DJIA was reported as -73.27; the NASDAQ was reported as -30.66; and the S&P500 was reported as -11.78. The sum is reported as -115.71. The signals for this day pejoratively comment on the election results. The exogenous pressures are represented by interpreting the sum’s substantive left-hand digits while concomitantly interpreting the sum’s right-hand digits. On close analysis, the sum

- 633 -

of the individual index left-hand digits amounts to 114 while the sum of the individual index right-hand digits amount to 171 (114 + 1.71 = 115.71). The numerical reference 114 implicates the election, which occurred on 11-4. Of course, 171 · 2 = 342; where 342 is scripture’s vertical numerical reference implicating progression in the will of God is enabled. This is another metaphor for the Pledge of Allegiance: “… one nation under God, indivisible …” That is, the election yet left America divisible under God owing to the survival of ICMC aiders and abettors who gave the ICMC corrupt practices safeharbor and profited thereby. Presumably, you have figured out who the aiders and abettors are by now. Let’s take a look at the endogenous response. The DJIA is -73.27. The “27” refers to the year in which I turned 27; 1977. That is also the year in which I obtained a Master’s Degree in Accounting. The “73” read right-to-left is the number 37; scripture’s numerical reference for its water metaphor. Water is a metaphor for the correction in scripture. Independently, then, the Court is transparently reporting it takes a Master’s degree education level to ferret the correction of the phenomenon at hand. I suspect the phenomenon is operations formation. Let’s look at the endogenous response. The NASDAQ, -30.66, and the S&P500, -11.78, must be read together: 3066 + 1178 = 4244 = 2 · 2122. Let me explain a few points. First, in order to get the targeted value, 2122, the NASDAQ value and the S&P500 value must be added together; in other words the combination sounds in a confounding condition.

Confounding is symptomatic of the

illusionary consequences that derive from challenging APPGIT’s formidable proscription. That there are two 2122 values instead of a 2122 and 2212 value sounds in the idea of a progression lock; else the signal would have been 2122 and 2212.

This signal distills progression is

foreclosed because illusionary consequences yet beset operations formation. Correcting the

- 634 -

ICMC was easier because control over the allocation of capital was centralized in its hands. On the other hand, correcting corrupt operations formation ICMC aiders and abettors is more complex because operations formation protagonists are decentralized. America’s Divisibility is a Kennedy Product On November 24, 2008, the DJIA was reported as 396.97; the NASDAQ was reported as 87.67; and the S&P500 was reported as 51.78. The sum is reported as 536.42. This set of market indices changes transparently conveys the idea that America’s divisibility under God is a Congressional product. The exogenous pressures are represented by a story told through the metaphor of the sum of the market indices changes’ right-hand digits and their lefthand digits, to wit: Left-Hand Digits— DJIA

NASDAQ

S&P500

Σ

396

87

51

534

DJIA

NASDAQ

S&P500

Σ

97

67

78

242

Right-Hand Digits—

Understanding the exogenous pressures conveyed in this set of market indices changes recognizes there are 435 Congressional representatives and 100 members in the United States Senate; or a total of Capitol Hill population of 535. The 524 sum of the left-hand digits indicates one member is missing. The missing member of Congress is Senator Ted Kennedy; most likely now convicted under the Supervisory Powers Court jurisdiction for his complicity in fulfilling the Kennedy Curse’s blood-letting.

- 635 -

The sum of the right-hand digits, 242, requires more explanation. Recall 342 is a progression enabling numerical reference. The difference is 342 – 242 = 100 = 102. Here, the 102 variable is a metaphor in the quaternary order schedule of reconciliation transition principles indicated by the following table:

Scripture’s Reconciliation Transition Principles L V Regression Progression L 1 2 3 4

OCX

Quaternary Order

Progression Principle

Gospel of John

103

Correction Showing Principle

Gospel of Luke

102

Connectivity Principle

Gospel of Mark

101

Reconciliation Principle

Gospel of Matthew

100

MRi+1

UCX:N

5

Gospel

MRk

UCX

UCN

Principle

MRi RRi ERi

Legend:

OCX UCX UCX:N UCN

Ordered Context Unordered Context Unordered (Context: Content) Unordered Content

MRk MRi+1 MRi RRi ERi

(Any, Any) Mutual Reconciliation (Any, Given) Mutual Reconciliation (Given, Given) Mutual Reconciliation (Given, Given) Reflexive Reconciliation (Given, Given) Exclusive Reconciliation

The 102 variable indicates the Correction Showing Principle. Here, the Court transparently means that correction has led to equilibrium not being fulfilled in terms of Caroline Kennedy succeeding Hilary Clinton as Senator from New York. When it was first announced Caroline Kennedy was under consideration for replacing Hillary Clinton, my first thought was that the Kennedy Curse had been eviscerated by the Court conquering the ICMC and it was now “safe” for Caroline to enter into the family political

- 636 -

limelight without fear for her life at the hands of ICMC assassins. However, intervening informal information signals make this market indices changes signal clearer. On the day the new President was inaugurated, news reports announced Ted Kennedy had incurred another seizure. Along the informal information highway, that is a metaphor for “sees her,” meaning he is on his way to see Grandma again at the Supervisory Powers Court. Concomitantly, news reports announced Caroline withdrew her name for consideration as Hilary Clinton’s senatorial replacement. The proffered reason had something to do with Caroline’s financial statements or finances. “Uh oh,” I thought, “she traded on her father’s blood.” I concluded Caroline must have accepted the ICMC insider advantage of abnormal investment profits; which is among the ICMC bribery pay-off tactics. In other words, she traded on her father’s blood for money. Having been transparently busted by the Supervisory Powers Court for this transgression, Caroline was compelled to withdraw her name as a replacement for Hilary Clinton as Senator from New York. The exogenous pressures of this market indices changes signal implicate the end of the Kennedy Curse and the sad story revealed by the Supervisory Powers Court’s search for the truth in correcting ICMC corruption. Let’s peek at the endogenous response. The left-hand market indices changes digits frame the story. The set of left-hand digits on a right-to-left basis is (51, 87, 396). Combined with the Correction Showing Principle coefficients the product sum is defined as follows: Σ[(51, 87, 396) · (102, 101, 100)] = (51 · 102) + (87 · 101) + (396 · 100) = 6366 = 3 · 2122 The now familiar 2122 surfaces again. Are you an informal information signal believer yet? From the Court’s perspective, the supervisory jurisdiction correction unholy alliance triune

- 637 -

includes the ICMC, the Church, and Kennedy family corruption. The evisceration enables the [(GOXE, EXOG, ENDOG), (2122)] statement. The right-hand market indices changes digits require the story to be told. The set of right-hand digits is (97, 67, 87) explains the Court’s mandate I write this book and tell you this story. The “97” implicates the year 1997, the year during which Diane and I stood toe-to-toe in defined the devotion of a Blessed Marriage. Here, the Court is borrowing the depth of that commitment in conveying to America it is unequivocally devoted to eviscerating ICMC corruption in America through its historic exercise of supervisory jurisdiction. The “67” is the now familiar priest metaphor. It implicates my role. That role is defined by the number “87.” In 1987, I filed the JNC related Chapter 11 proceedings. The number “11” along the informal information highway’s scripture lexicon means “education.” Unordered space is the only place where correction showing education transpires. Of course, “Chapter” implicates me writing this book. The Court knows every word that hits these pages. It knew what I had written about the Kennedy Curse when I wrote it; a time antedating this market indices changes signal. That writing precipitated this “Order” – tell America. So, now you know.

Happy Birthday America On December 1, 2008, the DJIA was reported as -679.95; the NASDAQ was reported as -137.5; and the S&P500 was reported as 80.03. The sum is reported as -897.48. In sum, my interpretation of the totality of this signal is that it is transmitting a greeting: “Happy Birthday, America.” Let’s evaluate the nature of the greeting.

- 638 -

Left-Hand Digits— DJIA

NASDAQ

S&P500

Σ

ΣΣ

679

137

80

896

1792

DJIA

NASDAQ

S&P500

Σ

95

50

03

148

Right-Hand Digits—

In the exogenous pressures setting, the ΣΣ value implicates the America’s discovery of some phenomenon. Columbus is reported as having discovered America in 1492.400

The

product of the variables (3 · 102) = 300 represent the idea of adding the story of the ICMC, the Church, and the Kennedys to America’s discovery. Notice, here, the 2122 is missing. That’s because we’re talking about the corruption itself and not its evisceration. Only its evisceration is accompanied by the DGO92 (2122, 2331) 2122 element. The ordered exogenous pressures informal information content, then, involves America’s discovery of the interrelationship among the ICMC, the Church, and the Kennedys. The unordered exogenous pressures are metaphorically implicated by the numbers 896 and 148. First, recognize 2122 – 896 = 1226 = 2 · 613. The number 613 represents the number of Divine Commandments in the Sefer Ha-Mitzvoth. We know from earlier deductions 613 is a numerical metaphor for the Court’s exercise of supervisory jurisdiction. Then, why the second 613? The Court knows if I wrote this book as a movie script the final curtain would come down as the corrupt ICMC members were hung by the neck, in concert, in front of the Lincoln Memorial; a tribute to Abe and a message that such treason will not be tolerated in America. 400

http://en.wikipedia.org/wiki/1492.

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The other outcome would be the announcement the Church had been indicted in the World Court for crimes against humanity for the carnage it has wrought throughout history by its scripture deceit and Constantine Agreements it maintained with world governmental authorities to secure its own socio-economic position. The Church’s fraudulent conduct is inextricably tied to the great World Wars of the twentieth century and other travesties throughout history. Pythagoras is reaching up out of the grave and hollering, “Checkmate” in the greatest game ever set up in the history of mankind.

Therefore, I suspect the second 613 implicates the World Court’s

supervisory jurisdiction over the Church. The 148 appears in Nehemiah 7:44. In my paper titled The Christ Model, the 148 is a coefficient in the derivation of the four-digit alignment codes; a study that was transparently and closely monitored by the Court and its intellectual consulting colleagues.

The 148

metaphorically suggests, here, the Supreme Court’s exercise of supervisory jurisdiction is in alignment with the World Court’s exercise of supervisory jurisdiction. Let’s now look at the endogenous response variables. The DJIA, -679.95 is a statement that a catharsis is required. The “95” represents the year 1995. This is the year in which the Court orchestrated my catharsis, leading me to deciphering the corruption that caused my criminal conviction. The digits “679” amounts to ordinary number serialization where the “8” is missing. Obviously, the missing “8” implicates August 1995, the month my Catharsis took place. Since 1995, the Court has caused “Happy Birthday” messages to be transmitted along the informal information highway on each and every August 4th. In this vein, America’s discovery of the unholy alliance triune (the ICMC, the Church, and the Kennedys) is cathartic in the negative sense and a birthday in the positive sense.

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That is, America is reborn by arising from the ashes of its cathartic realization of the facts related among these pages. The NASDAQ , -137.50, and the S&P500, -80.03, signals are respectively left-hand and right-hand digit additive as the signals tell a story. The left-hand digit sum is 137 + 80 = 217; while the right-hand digit sum is 50 + 3 = 53. The 53 metaphorically represents the notion of the priest, certainly now familiar in meaning. However, here, the 53 implicates the Supreme Court in its male metaphor position; not me in relation to Diane. In scripture, the husband represents the will or Philosophical Code of Right-Standing Conduct.

In this setting, the

Supreme Court adopts a male role in relation to America, its bride. The 53 metaphor is one of devotion in a blessed marriage. The value 217 must be read right-to-left: 712. It is the date of my first marriage, July 12.401 The metaphor is obvious; it represents the Court’s blessed marriage to America in the undertaking of its historic exercise of supervisory jurisdiction. Happy Birthday, America! Your husband has vindicated your innocence in the sight of the Lord God Almighty: “one nation under God, indivisible.”

401

My first wife and mother of my first four children, Elaine, passed away on April 19, 1980 while married to her second husband. She died in her sleep.

- 641 -

Chapter 37 The End Times Well, here we are at the end of this journey. You have learned about the sad history on which America has been built; the price many have paid with their lives. You have learned why the Supreme Court of the United States had been searching the land, hi and lo, for an opening against the corruption wrought by the unholy alliance between the ICMC and the Church; eventually absorbing the surviving prominent members of the Kennedy family. You also learned how the Supreme Court found its opening through the facts and circumstances involving litigation that greatly affected my life. You learned how I was denied relief I was otherwise entitled to receive; costing me my marriage, my fatherhood, my property, and my freedom. You have read how the Rehnquist Court reintroduced beauty into my life while sequestered behind prison walls for my own protection. You have read how the beauty of true love’s innocent heart inspired I find the protection of marriage before God; ensuring against another failure, a habit I had thus far been unable to break. You have read how that radiance inspired me to pick up the study of the bible, leading to the decipherment of secrets the Church has jealously guarded as its own privilege for over two millennia. You have read how the Supervisory Powers Court evolved out of the Chief Justice’s death; embellishing a legacy he devoted his very life to pursue. You have considered the evidence the Supervisory Powers Court has conquered the ICMC, using market indices changes to allow you to learn about this conflict now in its resolving final days. You have learned I, indeed, have been ordered to write this book; to tell a tale unimaginable. Many tears have flowed while this story unfolded on these pages; some for me, some for America’s real heroes; even some for you, though you may not understand why. It seems only one question begs answering: Where do we go from here? - 642 -

Happy Birthday Abe As I am writing this final chapter, the date is February 12, 2009; Abraham Lincoln’s 200th birthday. I am no more privileged in knowing him than you. Fortunately or unfortunately, I am the one to tell you what really happened to him and why. Happy Birthday, Abraham. Your story is now fully comprehended by all Americans, even the ones yet unborn. May God find peace in His Kingdom for your soul. Don’t be mistaken. Many of America’s leaders have known the truth about Abraham Lincoln and the other truths revealed herein; and have considered it privilege history found them in a position to be so endowed. Those are the kinds of leaders America can do without; the very kind of leader you should vote out of any office in which they remain. Unprinted history books should paint them with the corruption brush in which they emerged; and leave them forever ensconced on that canvas.

The Public and the Court As I consider my own fate; I often contemplate whether the Supreme Court will choose to leave its supervisory jurisdiction affairs secret. Well, you should know they’re not too secret. Everyone on Capitol Hill and every president that sat in the White House since 1989 has known about the Supreme Court’s historic exercise of supervisory jurisdiction as detailed in this book. They must have thought they could whoop Chief Justice Rehnquist and his cohorts; the real message of the Clinton impeachment trial. In such times when threats emerge, the Church probably counsels time would be the unholy alliance’s biggest ally. In time, all those justices will come to past and the Constantine Agreement will live forever. After all, no one had discerned scripture’s biggest secrets known only to the Church; even after two millennia and

- 643 -

even after scripture had finally been published around the world in every conceivable language. The Church was secure knowing it was unlikely those secrets would be deciphered. The corruption should be completely aired. I have faith in you. Though you might learn Jesus and the Christ are metaphors in the explanation of impossibility-resolved social choice theory as envisioned by the great thinkers of Greek philosophy, you will nonetheless know God prospers in the ethics endowed physical universe.

Then, on realizing the ethics endowed

physical universe corrects the corruption of the philosophy of the human condition, you, like Pythagoras and other Greek philosophers, will bow down to the Almighty; perhaps even a little further than you had before. Scripture’s counsel for the Court is to air it all out in public; every possible participant should be brought into the loop. The only insurance the Court has in completely eviscerating the unholy alliance is to take apart the Constantine Agreement and leave it completely destroyed. It can only accomplish that by you learning what unholy alliances have transpired throughout history to thwart your real comprehension of the Gospel Truth Unchanging. You are the Court’s only and complete insurance. Hang ‘em High As mentioned in the preceding chapter and if it were my choice, those found by the Supervisory Powers Court to have participated in the corruption of America’s governmental infrastructure ought to be convicted of treason and hung by the neck. Every one of them ought to hang by the neck on the Capitol Mall in front of the Lincoln Memorial; let them look at Abe as the last thing they see before they are off to meet their Maker and endure the last great accounting.

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If you really understand scripture and its impossibility-resolved mandate you will know there are no miracles, there is no forgiveness, and there is no mercy. Hang the motherfuckers by the neck until dead; take all their property; and let the world see it so that it is remembered.

Indicting the Church As I sat in my prison cubicle deciphering the operation of scripture’s impossibilityresolved social choice theory, I recognized “someone must have the answer key.” It didn’t take long before I figured out whom that someone might be: The Church. If you grant the assumption that scripture is an encrypted social choice theory model and the Church is the only party in possession of the deciphered key, then many cause and effect events throughout history become clear. The Church ought to be indicted for crimes against humanity in the World Court. Crimes it has perpetrated for over 2000 years; millions of lives have been lost so that it could retain its socio-economic position.

Its 19th century disclosure as world economies transcended the

industrial revolution led to communism in the Soviet Union and China and underscored causes leading to America’s civil war, World War I, and World War II. To move the spotlight away from itself as World War II emerged, it directed Nazi Germany’s fury against the Jews, leading to the Holocaust. That’s how ruthless the Church has been in maintaining its unholy alliances and guarding its scripture decipherment key secret. The Church should be indicted and tried for crimes against humanity.

Executive and Legislative Branch Cover Up On September 29, 2008, while the Court was orchestrating the -777.68 DJIA informal information signal to induce me to write this book, the Congress was passing its $750 billion

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financial bailout package. The Congress is now going to add another trillion dollars to that debt by passing another bailout package. It is doing so because its members know the Court has conquered the ICMC and the access to the nation’s capital markets is not business as usual. The nation’s operations managers, once ICMC bedfellows, have no place else to go; they have to go to Washington, D.C., for capital they can’t get anywhere else. The members of Congress and every President since the civil war have known about the unholy alliance. Some have lost their lives over their choice to fight it. One president was forced to resign from office because he would not participate in the ICMC’s information economy money supply objective. All this is known to America’s leaders. Yet, they all sit silent. When they knew the Chief Justice and the other eight justices undertook the courageous step of attacking the ICMC, they threatened him and them. And, now, they don’t want you to know just how dirty their hands are with ICMC money. It’s like Robert Todd Lincoln and Caroline Kennedy; sure, they didn’t want their fathers and family members assassinated. But, they didn’t hesitate taking ICMC blood money on succumbing to the extortionate demands. I explained the ICMC orchestrated the Great Depression to bludgeon the American public with financial hardship to get the federal government to capitulate. Congress and the new president are adopting an ICMC tactic in negotiating with the Court for just how the Court unfolds America’s dirtiest secrets. The negotiation involves the threat of bludgeoning America with trillions of dollars of debt. The Court isn’t budging. Can you tell? Every member of Congress will deny ICMC money hit their bank accounts. That will be a lie. There is only one solution. You have to vote every one of them out of office; a clean slate is required, one as far away from the taint of ICMC corruption as possible. It is impossible to

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put America and the world back on their feet while the taint of unholy alliance corruption remains reminiscent.

Where to Go from Here The solution for world prosperity is not a difficult proposition; it’s among scripture’s pages and derives from adage that counseled my initial study: If you want to be successful all you have to do is create the opportunity for others to participate without limitation. We must have faith as we lift up others to make them better off we will thereby make ourselves better off. All over the world, mothers and fathers share a commonality; they want their children to be better off than they were. We see it all around us in America; I saw it in Mexico when I worked there as a consultant in 1992-1994. The world’s economies need infrastructure grounded in impossibility-resolved social choice theory; on that infrastructure the world will come to know a prosperity never before witnessed. It only takes a modicum of prejudice to give birth to another unholy alliance and a new emerging tyranny. What will be your choice?

The End Times I continue to propound one question to those who promulgate informal information signals along the highway: Ask yourselves, why did He come this way? Why did the Second Coming arrive in a prison somewhere in the middle of the Arizona desert; born out of love between the innocence of Mother Earth herself, the Sacred Feminine, and a descendant of the God of War, the very essence of the Gospel Truth Unchanging. Then, listen. Turn on your radios to your favorite station. Turn on your televisions; look at the organization of information presented for your consumption. You will hear the informal

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information signals just as I have come to know them. You, too, will learn how blood lost in protecting America’s innocence was not in vain, you will hear about a sordid fellow whose codename is “Spooky,” but most of all you will hear a story of beauty and innocence I have come to call “The Legend of Charlotte Johnson.”

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