Francis K. Fong: Contract for U.S. v. Fong - 2:2008cv82

The "Henninger Resolution," IDR's Request to Rectify MacLauchlan Killing

2010-07-09T08:36:00.000-07:00

This posting by the author Francis K. Fong describes the fact issues underlying the "Henninger resolution," IDR's rectification of the MacLauchlan killing predicated upon our local (County and Municipal) authorities' participation in that killing in furtherance of federal funding of the Calvin cycle.

IDR's Request to Rectify MacLauchlan Murder

On 6-29-09, Tippecanoe Superior Court 2 Judge Tom Busch issued a warning to practicing judges and lawyers in Indiana. On that day, Busch, Scott Kyrouac, outside counsel for Nationwide Insurance, and George Tofaute, Fong's lawyer in a personal injury case, Fong v. Yoon, Cause No. 79D02-0808-CT-38, entered into a discussion. Also present in the discussion was Fong's wife, Margareta. The occasion was the Tippecanoe County court's hearing on Tofaute's request to withdraw as counsel for Fong.

Tofaute requested to withdraw was a result of IDR Deputy General Counsel Doug Klitzke's letter of 2-21-09 on the Henninger resolution. On 6-20-06, IDR Office of the General Counsel approved the Henninger resolution pursuant to IDR's request of 3-7-02 to rectify the MacLauchlan killing. This request was done in compliance with the "Alternative Writ of Mandamus" issued 1-10-94 by the Indiana Supreme Court.

Mr. Klitzke wrote to rectify the MacLauchlan killing to unravel the "TIAA Order," which Indiana Chief Justice Randall Shepard signed to replace the "Alternative Writ of Mandamus." The high state court in the Alternative Writ directed Judge Busch to file a report on Tippecanoe Prosecutor John Meyers' cover-up of the MacLauchlan contract closed by callers of the death threats received 1-3-96 by Fong, Mrs. Fong, and their youngest child, Peter.

The Busch Warning

During the 6-29-09 hearing, Busch and Tofaute did most of the talking focused on the Second Posner Order. Capping the open court hearing, Busch warned up to, or exceeding, 100 litigants and their lawyers. He said something like:

Judges and lawyers practicing law in Indiana, who dare to touch on any of Fong's claims [having to do with the Calvin cycle including specifically, but not exclusively, Woodmar Realty Company ("the $48,903.81"), the MacLauchlan murder, the FBI PX 45 request before the House Oversight Subcommittee, and the "NFTL for $64,057,"] will be disbarred by the Indiana Supreme Court.

The warning issued by Busch was serious business. Woodmar Realty Company counsel Owen Crumpacker was disbarred by the Indiana Supreme Court in 1978 for opposing Judge James T. Moody, see, deposition (10-15-91) of Owen Crumpacker at 26. See, also, In re Crumpacker, 269 Ind. 630, 383 N.E.2d 36 (1978). The year 1978 was the year Judge Richard Posner by Mr. Daniels transferred the $48,903.81 from Treasury to the John Doe Trust to pay NSF Deputy Director George Pimentel for redistribution to revenue officers and NSF OIG employees. In the 1990’s attorney Andrew Jackson had his law license suspended for representing Crumpacker in claiming the $48,903.81. After Crumpacker died on 2-10-98, DOJ (Tax) trial counsel Gerald Parshall had his law license suspended for submitting before DOJ (Tax) Chief Mullarkey the FBI PX 45 request.

Meyers' Cover-up: Evidence Tampering

On 1-26-93, Fong conducted a direct examination of Mr. Meyers on his cover-up of LPD (Lafayette Police Department) Lt. Gene Reed's tampering of the crime scene evidence to misplace the firearm responsible for Mr. MacLauchlan's shooting death of 12-4-89. Unfortunately, to date, Fong has been unable to secure a certified transcript of Mr. Meyers' direct testimony, the judge presiding over the direct examination having instructed the court reporter to render the tape recording unintelligible by reason of a "machine breakdown."

Clue to Solving MacLauchlan Killing

The clue to solving the MacLauchlan cold case is the link, the underpinnings of Lt. Reed's evidence tampering on the morning Mr. MacLauchlan was murdered, as that evidence tampering and the other acts of cover-up of the killing -- Judge Busch's warning, Meyers' direct testimony, and Shepard's TIAA Order -- relate to the fact statements in NSFfunding.com's registration request of 6-26-07 as follows:

NSF's letter of 11/6/89, prompted by Chief Mullarkey's exchange with the court of the PX 45 tape with the PX 46 tape (to take matter from the PX 45 tape);
USPS Supervisor Connie Bowman's certification of the contents of the Letter 3172 showing Purdue Board's use of the same PX 45/PX 46 exchange to commit perjury ("Senator Lugar's Chief-of-Staff Mitch Daniels did not introduce the fictitious entries in the Woodmar docket for Judge Moody to grant, by his order of 5/7/04, at 5, fictitious petitioners the $48,903.81, which Mr. Daniels, had, in 1978, transferred from Treasury to the Federal Registry, in South Bend, and, then, the Sibley trust, in Hammond") suborned by Treasury and NSF OIG officers on Purdue Board's payroll; and
Ms. Bowman's attributions to Treasury executives' U.S. mail theft of Judge Busch's acting as their agent for recording the Letter 3172 as the "Second NFTL for $64,057."

Treasury executives in Washington, with Judge Busch in Lafayette, Indiana, as their agent for recording the Letter 3172 as the "Second NFTL for $64,057," ordered the death threats by the shooters of the MacLauchlan contract doing the interstate drug-trafficking business across the Terre Haute-Danville stateline owned, in part at least, by the same executives in Washington.

The missing link in solving the MacLauchlan Cold Case is that which connects Judge Richard Posner of the Seventh Circuit Court of Appeals in Chicago, Illinois, who ordered the MacLauchlan contract, to Mr. Meyers, who covered up the local LPD police authorities' tampering of the MacLauchlan crime scene in Tippecanoe County, Indiana.

Prosecuting Tax-Related Conspiracies : The Calvin Cycle, Sustained by Syndicate Control

2010-04-06T17:09:00.000-07:00

The inquiry here is whether Cordova's finding is tantamount to a conclusion that the federal funding of photosynthesis research predicated on the Calvin cycle is a tax-related conspiracy prosecutable under the general conspiracy statute, 18 U.S.C. § 371. The focus, for the author Francis K. Fong's report to Bobby Hunt (IRS EXEC), is the patterned activity for using the "order" submitted by IDR (Indiana Department of Revenue) to its legal department for rectification.

Fong is authorized, under the IR Code Section 7623 contract, see, Rev. Agt. Hunt Jr.'s Submissions, to detect and bring to trial members of the bribery-conspiracy for PCDF's promotion of the Lawler tract, who come from different walks of life. The instant detection of the Moody action as a tax-related conspiracy is specialized to PCDF's agreement with Melvin Calvin for making of the Calvin cycle, NSF's Dark Photosynthesis Funding Scheme.

In a letter dated 4-1-09, Fong outlined as follows the applicable statutes for PEFCU outside counsel, Andy Gutwein. The crime was specialized to PEFCU's conspiring to conceal the Posner-Margerum transfer to redistribute the John Doe Trust in furtherance of the Calvin cycle.

The criminal tax statutes in Title 26 of the United States Code do not include a statute for the crime of conspiracy. Tax-related conspiracies are generally prosecuted under 18 U.S.C. § 371, the general conspiracy statute. Section 371 sets out two types of conspiracies. United States v. Helmsley, 941 F.2d 71, 90 (2d Cir. 1991), cert. denied, 112 S.Ct. 1162 (1992); United States v. Arch Trading Co., 987 F.2d 1087, 1091 (4th Cir. 1993).

Conspiring or agreeing to engage in conduct, which is prohibited by a substantive Title 26 offense, is a prosecutable offense under Section 371.

Section 371 may also be violated by conspiring or agreeing to defraud the United States, meaning, “primarily, to cheat the Government out of property or money,” and also, “interfere with or obstruct one of its lawful governmental functions by deceit, craft, or trickery, or at least by means that are dishonest.” Hammerschmidt v. United States, 265 U.S. 182, 188 (1924).

In criminal tax prosecutions, this conduct is typically charged as a “Klein conspiracy,” where the government alleges the defendant conspired to defraud the United States by “impeding, impairing, obstructing and defeating the lawful government functions of the Internal Revenue Service of the Department of the Treasury in the ascertainment, computation, assessment, and collection of the revenue, to wit, income taxes.” United States v. Klein, 247 F.2d 908, 915 (2d Cir. 1957), cert. denied, 355 U.S. 924 (1958). See also, United States v. Cambara, 902 F.2d 144, 146 (1st Cir. 1990); United States v. Helmsley, 941 F.2d at 90-91; United States v. Vogt, 910 F.2d 1184, 1202 (4th Cir. 1990), cert. Denied, 498 U.S. 1083 (1991); United States v. Sturman, 951 F.2d 1466, 1472 (6th Cir. 1991), cert. denied, 112 S.Ct. 2964 (1992); Alexander v. Thornburgh, 943 F.2d 825, 829 (8th Cir. 1991).

The said concealment acts were overt acts, Grunewald v. United States, 353 U.S. 391, 405 (1957), done to re-distribute the John Doe Trust, the object of the conspiracy. United States v. Falcone, 311 U.S. 205, 210 (1940). An overt act need not, on its own, be a crime, and may even be totally innocent and legal. United States v. Hermes, 847 F.2d 493, 495 (8th Cir. 1988). In Fong's discussion with Gutwein, the crime was PEFCU’s committing acts of deceit, or concealment, to render the IRS impotent to compute the tax consequences of the members’ re-distribution of the John Doe Trust in furtherance of the Calvin cycle. Spies v. United States, 317 U.S. 492, 499 (1943) (An affirmative act of tax evasion is “any conduct, the likely effect of which would be to mislead or conceal”). Criminal tax conspiracies contemplate acts of concealment to further that crime. United States v. Cunningham, 723 F.2d 217, 229 (2d Cir. 1983), cert. denied, 466 U.S. 951 (1984); United States v. Vogt, 910 F.2d 1184, 1201 (4th Cir. 1990), cert. denied, 498 U.S. 1083 (1991); United v. Mackey, 571 F.2d 376, 383-84 (7th Cir. 1978); United States v. Pinto, 838 F.2d 426, 435 (10th Cir. 1988); United States v. Feldman, 731 F.Supp. 1189, 1197 (S.D.N.Y. 1990).

In addition to a charge of murder, or conspiracy to commit murder in aid of Posner's order of the MacLauchlan contract, a felony, a perpetrator's acts of concealment are subject to the Criminal Fine Enforcement Act of 1984 (P.L. 98-596) enacted 18 U.S.C. § 3623. Where 18 U.S.C. § 3623 is applicable, which was changed to 18 U.S.C. § 3571, commencing 11-1-86, the maximum fine under 18 U.S.C. § 371, for felony offenses committed after 12-31-84, would be at least $250,000 for individuals and $500,000 for corporations. Alternatively, if any person derives pecuniary gain from the offense, or if the offense results in a pecuniary loss to a person other than the defendant may be fined not more than the greater of twice the gross gain or loss. 18 U.S.C. § 371 (d). The offenses in furtherance of the Calvin cycle are likely to result in penuniary losses to the United States, or Fong, in excess of tens of billions of dollars.

Should an individual or organization come forward with an affirmative act inconsistent with the object of the conspiracy and do so in a manner reasonably calculated to reach co-conspirators, that act may be regarded as sufficient to establish withdrawal of or abandonment. United States v. U.S. Gypsum Co., 438 U.S. 422 (1978).

Finally, 26 U.S.C. § 7214(a)(4) contains a provision prohibiting conspiracy to defraud the United States. This statute only applies to officers and employees of the United States acting in connection with any revenue law of the United States. See, United States v. Eisenmann, 396 F.2d 565 (2d Cir. 1968).

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Canipe's Submissions of FBI PX 45 Request a/k/a the Calvin Cycle Before House Oversight Subcommittee

2010-02-25T07:55:00.002-08:00

Introduction

On 4-12-07, Communications Director LuAnn Canipe submitted the FBI PX 45 request, a/k/a the Calvin cycle, before the House Oversight Subcommittee as an integral part of its investigation of Purdue's "tabletop bubbles research." See, Hunt Submissions at 97-99. The FBI PX 45 request is also known as the Calvin cycle, because it pertains to DOJ (Tax) trial counsel Jerry Parshall's memorandum request of 8-11-98 before Chief Mullarkey for the FBI crime lab's forensic analysis of the PX 45 tape, of which the court (James T. Moody) on 6-23-98 produced a badly chopped-up copy, which its clerk certified as the "original PX 45 tape," from which was taken the matter disclosed by Steve Beering of PCDF's making of the Calvin cycle. The Calvin cycle and the tabletop bubbles are two intertwining federal false claims by Purdue.

This post elucidates NSF OIG Senior Counsel Monte Fisher's murder plot, to provide the details for the author Francis K. Fong's brief summary of the PX 45 tape in his letter of 5-10-07 to Canipe and Martin Jischke, France Cordova's predecessor President of Purdue University, Hunt Submissions at 33. Through the proceedings of the subject lawsuit, United States v. Fong, Fong detected Fisher's murder plot as the MacLauchlan contract closed by Richard A. Posner, who did as follows to render impotent the House Subcommittee's investigation of the FBI PX 45 request, a/k/a the Calvin cycle. He installed Cordova on the National Science Board in control of its Oversight Committee to disable OIG's investigation instituted by its AIG (Criminal) Peggy Fischer, and ordered Tippecanoe Superior Court 2 (Thomas Busch) in implementing the Kyrouac Agreement to record the RNFTL made out by Cordova in furtherance of that agreement.

The October 8, 1986 Meeting - The PX 45 Tape on the Calvin Cycle

On 10-8-86, Beering convened a meeting. Present were School of Science Dean Ken Kliewer, Chemistry Deparetment Head Harry Pardue, Provost Varro Tyler and Fong. The purpose was to discuss Purdue's submission to the United States Congress to arrive at remedial measures for (1) PCDF's agreement in the making of the Calvin cycle - NSF's dark photosynthesis funding standard; (2) the Posner-Margerum transfer to procure Reviewer No. 8, and (3) the state and federal tax issues arising from (1) and (2). Beering tape-recorded the proceedings.

(a) FBI PX 45 Request a/k/a the Calvin Cycle

On 4-26-88, Beering submitted the tape recording of the 10-8-86 meeting to the court in Francis K. Fong v. Purdue University, U.S.D.C., N.D. Ind., Hammond Division, No. L-88, i.e., PX 45, Exhibit and Witness List (4/25/88-4/28/88). This List shows the chain-of-custody of PX 45: no one except Beering and the court had access to it.

On 6-23-98, the court (Moody) issued an order to release a tape recording, which the court's clerk, Steve Ludwig, certified as "the original PX 45 tape." But this "original" tape was badly chopped up. Side A of the tape (please download and play) appeared intact; but Side B was shortened by approximately 30 minutes. Compare, the court's certified transcript submitted by Beering on 4-26-88, which faithfully tracks the deletions manifested by the mechanical "clicks" and broken words uttered by Beering. See, Fong's 7-29-98 letter to DOJ (Tax) trial counsel Gerald Parshall. On 8-11-98, Parshall, Fong and Margareta, Fong's wife, met at the Justice Center in Washington. There, in the library near Parshall's office, the three of them listened to the tape in its entirety. Parshall verified the broken up passages on Side B of the tape, and determined that the discussions on the Calvin cycle were deleted in toto. Accordingly, he wrote for submission on the following business day before his superior, Chief Mullarkey, a memorandum request for the FBI crime lab's forensic analysis of Moody's "original PX 45 tape." In 1988, the deletions set in motion the murder plot for eliminating Don MacLauchlan as Fong's live witness in the GAO review committed 10-30-89 by Senator Lugar's office (Keith Luse), see, Hunt Submissions at 25.

On 9-18-98 DOJ (Tax) Chief Pat Mullarkey wrote the author Francis K. Fong:

“In Chief Judge Sharp’s thorough opinion appearing at 692 F.Supp 930, he extensively discusses PX 45, see esp. pp 941-942. *** Dr. Beering contended that the entire meeting had not been recorded in the first place; at that time you were contending that a portion of the tape was deleted in 1986. The court found that regardless of which contention was correct, the matter wasn’t on the tape so it could not support any of your claims. *** So many people had access to the tape from 1986 on, that it would serve no purpose for the F.B.I. to examine the tape, because even if it were concluded that matter was deleted from the tape, it would be impossible to tell who did it or when.”

But evidence of the tampering on Side B of PX 45 is manifested by Beering's broken words and the mechanical clicks appearing immediately following the broken sentence, "A letter I wrote Dr. Ford that I decided not to send pending internal investigations . . ." Transcript at 9, end of paragraph 2. Because this transcript was submitted, PX 45B on 4-26-88, by Beering to the court, the "so many people had access to the tape from 1986 on" are narrowed to Beering and the court. PX 45B tracks precisely PX 45, the tape released by Moody could only have been tampered with by Beering, the court. Nowhere in “Chief Judge Sharp’s through opinion” was there an “extensive” discussion of PX 45. Instead, Sharp's discussion was on "PX 46," a copy of PX 45 made by Purdue audio technician Richard Kemmer, Exhibit and Witness List, 692 F.Supp. 930, 938. Fong has a tape recording of Mullarkey's telephone call on 9-22-98, in which he contradicted his letter in all details. The DOJ executive wondered in the recorded conversation why DOJ(Tax) trial counsel Jerry Parshall asked Fong to contact The New York Times to facilitate Mullarkey's request for the FBI crime lab's forensic analysis of the PX 45 tape. ("the FBI PX 45 request")
Beering's lawyer David Starkweather in a motion paper filed 9-9-98, Hunt Submissions at 35-36, wrote:

"The facts which demonstrate that Fong's cross motion for summary judgment should be denied are: the alleged [PX45] tape which is the subject of Fong's counterclaim was not tampered with and the federal district court conclusively resolved this issue more than a decade ago; the statute of limitations bars Fong's allegations with respect to evidence submitted in a case in 1988."

Assuming the truth of Starkweather's statement, Beering did not shorten the tape. What he did was to comply with Richard A. Posner's order. Beering shortened the transcript to match the abbreviated tape by Mullarkey to take from it the patterned activity for making the Calvin cycle. Mullarkey lied in his letter.

(b) Cordova's Appointment to NSB : Fisher's murder plot

On 8-5-02, Fisher wrote of a "murder plot." At that time Beering was named to the NSB (National Science Board). Fisher's murder plot relates to Richard A. Posner's order of the MacLauchlan contract described in Beering's letter authenticated by the U.S. Attorney by order of federal court issued 2-20-98:

"Senator Lugar's commitment of the GAO review in the fall of 1989 prompted Judge [Richard A.] Posner to order the McLauchlan contract to eliminate your only live witness. To finnish you off, he also ordered my submission of the shortened transcript ("PX 45B") to match the abbreviated PX 45 tape, thereby eliminating your remaining evidence."

Accordingly, Fong wrote Purdue President France Cordova, also a member of the NSB. He anticipates her proper response to the two-pronged question pertinent to the Calvin cycle. An officer of the United States, Cordova has a duty under the Code, 26 U.S.C. Sec. 7214(a)(4), to report, in writing, to the Treasury Secretary. A potential concern relates to Kelly Lee's answer to Fong's inquiry as to Cordova's installment on the NSB to help Beering control its Oversight Committee in order to cover up Fisher's murder plot a/k/a Posner's order of the MacLauchlan contract.

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The Hunt Submissions - Documentation B: NTA Case No. 3221334 - Audio Files for Treasury's Assignment of Counsel with Accounting Expertise

2010-02-24T09:24:00.000-08:00

Introduction

Hunt submissions - Documentation B, as communicated 6-21-07 by Robert Hunt Jr. to IRS EXCEC, consists of NTA case no. 3221334 for performing the Section 7623 contract authorized by IR Chief Counsel at the behest of Commissioner Everson backed by audio files involving Everson's senior staff. Its size being > 200 MB, it was not until this writing reproduced in its entirety.

Documentation B was described as follows in the author Francis K. Fong's email of 5-10-07 to Martin Jischke and LuAnn Canipe, Hunt Submissions at 33:

This documentation would show, as a motive for employees' theft of my U.S. mail dating from 12-14-04, my correspondence with Mr. Everson's senior staff on seeking a Congressional oversight investigation of employees' Congressional contacts for mutilating IRS case no. 3221334. On 6-1-04, the IRS instituted for my performance of the Code Section 7623 contract case no. 3221334 to provide legal and accompanying expertise to submit http://www.nsffunding.com/ for peer review by the National Science Foundation. The purpose is to arrive at a dollar figure for the United States' losses arising from Purdue Research Foundation's method for involving Senator Lugar in the arrangement for investing the monies from Treasury to do for-profit businesses and get paid false claims for dark photosynthesis and bubble fusion, of which I am to get repaid 1/3 of Treasury's recovery.

IRS EXEC's affirmation of NTA Case No. 3221334

On 6-22-04, Fong conducted an inquiry as to NTA's (National Taxpayers Adovocate) institution of case no. 3221334 to assign governmental counsel with accounting expertise for him to prepare NSFfunding.com's proposal website.

The proceedings of this inquiry (summarized below) were tape-recorded in their entirety, as provided in two downloadable audio files herein: (1) the Andrews-Fong telephone interview; and (2) the Burkhardt-Fong interview/Blair-Fong interview for IRS's re-instatement of case no. 3221334, of which a transcript of the Blair-Fong telephone interview is also provided.

The proceedings were tape recorded, and the audio files are as follows incorporated in this posting. First, Fong conducted a telephonic interview of Marlene Andrews, IRS TAS (Taxpayers Advocate Service) office in Indianapolis, who acknowledged NTA's institution of case no. 3221334, but insisted on "educating" Fong on something other than that case. Andrews promised that Fong would hear from IRS's Ogden Service Center.  Fong advanced his inquiry to Andrews' manager, Brent Burkhardt.

The discussion with Burkhardt, was even less productive, but later that day, Ogden Service Center TAS supervior Chet Blair called. He summarized his review of the situation with Jim Trimble, Andrews' supervisor. Thereby, Trimble and Blair re-affirmed Fong's contract with Treasury, Code Section 7623.  Blair reported that someone erased NTA's case no. 3221334 from the Service's computer, but a hard copy of the erased matter by IRS regulation would be on file for seven years from the date of its issuance.

After the telephonic interview, Blair wrote Karen Sheeley, supervisor of Andrews and Burkhardt, for Sheeley to explain to Fong why she and her staff (Andrews and Burkhardt) deleted NTA case no. 3221334. Hunt Submissions at 70.

On 7-16-04, Bobby Hunt issued an IRS executive order for Fong to detect and punish anyone violating the internal revenue statutes. Hunt Submissions at 71-75.

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Rev. Agt. Hunt Jr.'s Submissions

2010-02-23T20:41:00.000-08:00

The Hunt Submissions (downloadable here in their entirety - including a three-page Table of Contents - as a 101-page pdf file) were emailed by Rev. Agt. Robert L. Hunt Jr. on 6-21-04 to Director Bobby Hunt of the Executive Division of the Internal Revenue Service (IRS EXEC). They consist of seven Attachments, 01-07.

Attachment 04, which documents the Woodmar recipients' enforcement of National Science Foundation's (NSF) dark photosynthesis funding standard (DPFS) submitted by Senator Lugar before the Senate Committee on Commerce, Science and Transportation, is listed ahead of the remaining six Attachments. It was properly chosen by Robert L. Hunt Jr. as the lead Attachment. For ease of making references to specialized topics, the 101-page Hunt Submissions are divided into smaller units as follows:

Pp.1-10: Table of Contents (pp.1-3); Francis K. Fong's email of 6-20-07 to Mark W. Everson and LuAnn Canipe (p.4); Francis K. Fong's 6-19-07 letter to Mark W. Everson and Brad Miller (pp.5-6); Robert L Hunt Jr.'s submissions to Bobby Hunt (IRS EXEC) (p.7) of Francis K. Fong's 6-18-07 analysis of Purdue's "table-top bubbles research" addressed to J. Timothy McGinley and Martin Jischke, which made specific references to Attachments 01-07. (pp.8-10);
Pp.11-26: Attachment 04 - Woodmar recipients' enforcement of NSF's dark photosynthesis funding standard properly before Senate Committee on Commerce, Science and Transportation;
Pp.27-36: Attachment 01 - 9-9-05 FOIA request to IRS and (at 33) Documentations A and B;
Pp.37-77: Attachment 02 - New York Times Spinach Power Story and paper work on Section 7623 contract;
Pp.78-96: Attachment 03 - GAO review committed by Keith Luse; Helen Woods' death certificate; and U.S. Attorney Richard Keiser's acting as the deceased Mrs. Woods to petition for the $48,903.81;
Pp.97-99: Attachment 05 - FBI PX 45 request;
P.100: Attachment 06 - Chem. Eng. News story on dark reaction cycle; and
P.101: Attachment 07 - Steven C. Beering's sworn testimony for Fong-Butcher model.

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A Simple Plan for Margerum-Posner Transfer, "a banality of evil" : How the Judge Thinks

2010-02-06T05:57:00.001-08:00

A conservative economist and renowned judge, Richard A. Posner has an uncanny ability to make economic sense otherwise outlandish legal issues. Consider, for example, his essays on how judges think and why public corruption makes good economic sense. How this judge, Richard A. Posner, thinks formed the basis for the author Francis K. Fong's contract with Treasury, to detect and punish him for the $250,000 payment he received from Purdue Research Foundation.

In consideration of the $250,000 payment, Posner set in motion a simple plan, a patterned activity for making the Calvin cycle, predicated upon his economic model for the public corruption of judges:

"So what is wrong with bribing public officials to obtain public services, provided the practice is known and wages are adjusted accordingly? In effect, bribes shift the financing of public services from taxes to a combination of taxes and fees for service. By injecting a market element into public services, bribes can actually improve efficiency when used to get around rigid or inefficient rules."

Posner's simple plan of 1978 was an antecessor to the 1993 work of Scott Smith, a young Dartmouth-educated writer who named his first novel A Simple Plan. Two brothers and their friend stumbled upon the wreckage of a single-engine plane with a duffle bag containing four million dolars. With the pilot dead, these ordinary men hatched an agreement to hide, keep, and share the fortune. But the plan exploded. In a variation of the banality of evil, Smith described the turn of events that divided the brothers and their friend, exploding into violence and murders.

Posner's plan, which in time evolved into the Kyrouac Agreement for furthering the Calvin cycle, began simple. In 1973-74, he bribed AOUSC executives to withdraw from a Treasury account the $48,903.81. He transferred the moneys to the Federal Registry in South Bend; from there he funneled the funds through the John Doe Trust. Then, Posner transferred the $48,903.81 to PEFCU through Margerum's local connections in West Lafayette to pay the Woodmar recipients in furtherance of the Calvin cycle. In 1984, Posner entered the First Posner Order, Crumpacker v. Gettinger, USDC, N.D.Ind., No. H83-700 (7-12-84), to cover up PCDF (Purdue-Calumet Development Foundation) Director Jay Given's gangland slaying for the $5,000 bribe he (Given) paid Judge James T. Moody. By that order, Posner barred Woodmar claimants from getting paid the $48,903.81. Don MacLauchlan, Fong Solar Research financial vice-president, gained personal knowledge of the simple plan. So Posner ordered the MacLauchlan contract to have him eliminated.

In 1992, Posner entered the Second Posner Order, 976 F.2d 735, to await the last Woodmar claimant's death. In 2004, Judge Moody used the Second Posner Order to bar Fong from claiming the Woodmar's cash assets. He then "granted" the long-dead Woodmar claimants the $48,903.81, which by the Margerum-Posner transfer of 1978 had been paid to the Woodmar recipients in furtherance of the Calvin cycle.

On 12-31-96, Fong filed the 1996 report on the $48,903.81 and Posner's order of the MacLauchlan contract. In March of 1998, the Woodmar recipients removed that report from the Service's administrative file to enable the Moody action. In that action, U.S. Magistrate Judge Paul Cherry disclosed the court's (Moody) transfer of the original PX 45 tape to DOJ (Tax) Chief D. Patrick Mullarkey to take matter from it, enabling the 7th Circuit's issuance of the Second Posner Order, 976 F.2d 735, affirm. 692 F.Supp. 930.

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NSFfunding.com's Contract with Treasury Crafted by Acting Chief Counsel and Her Staff Attorneys : Beering's three-part statement

2010-01-20T20:54:00.004-08:00

Introduction

This post is written in conjunction with NSFfunding.com's Proposal Website, "the Homesite." The origins of Treasury's Section 7623 contract involving the author Francis K. Fong date back to 1989, when he founded NSFfunding.com to report, for repayment by Treasury, Original Information of the Calvin cycle as a conspiracy to defraud the Internal Revenue Service. In return, the local (Lafayette, IN) IRS walk-in office (Susan Wright) "zeroed out" his 1989 federal tax account as a down payment for that Original Information, which he was to incorporate in his Form 1040 returns for the years to come. Subsequently, however, certain unidentified supervising agents reversed this initial approach by Treasury to set up the Section 7623 contract.

The theme of Fong's detection pertains to Administrative Office of U.S. Courts executives' role in assisting the court's theft of unclaimed moneys from a Treasury account, in a funding scheme to bribe revenue officers and NSF Office of Inspector General personnel in furtherance of federal funding of dark photosynthesis. From the outset the author focused on identifying the ranking executive of the Justice Department in charge of IRS career officers who expedited the systemwide funding scheme. In the summer of 2009, in a letter addressed to DOJ (Tax Division) Chief D. Patrick Mullarkey, Fong narrowed the scope of that identification to a single individual. That individual was the as yet unidentified supervisor of Chief Counsel Mullarkey, who let go successor DOJ (Tax) trial counsel Doug Snoeyenbos to the earlier dismissed DOJ (Tax) trial counsel Gerald Parshall, who respectively refused to oppose Fong's motion papers in United States v. Francis K. Fong - 2:2008cv00082 ("cv082") and requested, in a written memorandum dated September 18, 1998, the FBI crime lab's forensic analysis of the court-certified "PX 45 tape."

Early development

PX 45 and Purdue's Extraordinary Committee

In a meeting on October 8, 1986, Purdue University President Steven Beering approved on tape, the original ( i.e., "not tampered-with") PX 45 tape, the conclusion of an Executive Committee - consisting of Fong and two academic vice-presidents, Don Brown and Bill Fischang, chaired by Purdue Research Foundation vice-president Bob Greenkorn - that NSF procured Reviewer No.8 as a result of the court's transfer-back (theft) of "unclaimed moneys" ("the $48.903.81"), which the executives of Administrative Offic of U.S. Courts transferred from a Treasury account absent the Section 2042 order, and that Purdue-Calumet Development Foundation Director Jay Given was murdered for making discovery of that transfer-back in a disciplinary action before the Indiana Supreme Court. Beering corroborated the patterned activity for making the Calvin cycle based on a news story by Dale W. Margerum, which the Purdue trustees released in July of 1955 contrary to the experimental findings reported by Melvin Calvin in Wilson and Calvin (1955).

Dr. Beering explained on PX 45 the mechanism for enforcing the Calvin cycle by Purdue trustees president Don Powers' self-dealing in laundering through Munster Medical Research Foundation the proceeds from the court's thefts from Treasury, PCDF's investment programs funded by federal reimbursement moneys, and the Seventh Circuit partnership (involving organized crime) interests' use of Continental Bank short-term notes for profit-sharing by career officers of the United States to pay off PCDF's East Chicago federal loan contract.

Pursuant to Beering's disclosure on the PX 45 tape, NSF Chemistry Division Director Janet Osteryoung called for Fong to submit a proposal on NSF’s peer review standard for funding photosynthesis research based on the Calvin cycle. She communicated to NSF General Counsel William C. Harris a summary of the 10-8-86 meeting. Beering responded, in care of Harris, with a three-part statement, a group of three letters dated 5-15-95 and 5-19-95 on bribes paid to the federal bench. In these letters, Beering disclosed as follows:

(letter 1) In 1955, Purdue trustees entered into an agreement with Calvin/Berkeley to use federal reimbursement funding to develop real estate. They issued a newspaper story, Chem. Eng. News 33, 2809 (July 4, 1955), contrary to Calvin's finding of the photosynthetic light reaction (L), Wilson,A.T. and Calvin,M. (1955) J. Am. Chem. Soc. 77, 5948-5957, for Calvin to establish photosynthesis as a dark reaction, enforced by

(letter 2) the murder, in 1981, of Jay Given, Purdue-Calumet Development Foundation Director; and that

(letter 3) in 1989, of Carbon Reduction vice president Don MacLauchlan, sponsor for the author's NSF proposal on Fong's discovery of the Calvin cycle.

The gist of Beering's disclosures on the PX 45 tape and in these three letters, which were authenticated by the U.S. Attorney, was that the 7th Circuit transferred back the $48,903.81 from Treasury by issuing, instead of the Section 2042 order, two Posner Orders in a simple plan to pay the Woodmar recipients in furtherance of the Calvin cycle.

Meanwhile, on March 23, 1995, Fong included his early findings of the Calvin cycle in his 1993 return, in a letter addressed to IR Commissioner Margaret Richardson to advise her of the supervising agents' reversal of the contractual arrangement. Pursuant to President William J. Clinton's approval of Fong's investigation of NSF's report dated November 6, 1989, "the Umminger report," Ms. Richardson authorized the Service Center in Cincinnati to put in writing the "down payment method" of 1989 ("the 1995 report").

Fischer's network - PX 46, NFTLs, Calvin cycle and Justice Sullivan

In response, after the U.S. Attorney authenticated, in February of 1998, Purdue President Steven Beering's three-part statement on the court's bribe-taking, the enforcement by murder of the Calvin cycle, IRS Executives Rena Girinakis and Bobby Hunt set in motion a series of operations as follows.

By the theft of Fong's certified U.S. mail letters, to remove from the Service's administrative file Fong's submissions pertinent to his filing of Form 1040 returns, they issued two Notices of Federal Tax Lien in NSF Office of Inspector General's coordinatred action with DOJ. They engaged Deputy Assistant U.S. Attorney General John A. DiCicco in the court's transfer of the original PX 45 tape to DiCicco in exchange for the PX 46 tape, from which was deleted matter pertaining to Powers' self-dealing to launder through MMRF, among other things, the moneys stolen from Treasury by the court. DiCicco then authorized one Robert Quilgley (Treasury Inspector General for Tax Administration) to direct Judge Moody to certify a fictitious Docket in Woodmar Realty Company's bankruptcy proceedings. With that Docket, the court (Moody) on May 7, 2004 granted fictitious petitioners the $48,903.81 it redistributed as bribe in 1978. The stolen cash assets were first paid into privately held investment funding pools. The proceeds were then redistributed to revenue and OIG officers in furtherance of federal funding of dark photosynthesis research.

Moody's grant of the $48,903.81 to fictitious petitioners in May 2004 was done in the Woodmar Realty bankruptcy proceedings.  The proceedings involved Fong as the claimant for the $48,903.81, U.S. Attorney (now U.S. District Judge) Joe Van Bokkelen as counsel for the United States, and Moody the presiding judge. Van Bokkelen explained to Fong that he was Given's private attorney in the disciplinary action involving the PCDF director, that Given was murdered in May of 1981 after Hearing Officer Judge Hack approved Given's discovery making of the court's theft of the $48,903.81 from Treasury, that Judge Hack too was murdered as a result, that he (Van Bokkelen) was state's special prosecutor of the Given killing appointed by Lake County prosecuting attorney Jack Crawford after the local police and the FBI had bungled the murder investigation, that Paul DiCharia, the East Chicago Police Inspector in charge of the original investigation, had lied about evidence tampering, and that DiCharia said he lied for fear of losing his job. In support, Van Bokkelen showed proof to Fong of Moody's introduction of fictitious entries in the Woodmar Docket in the fall of 1981 after Given was murdered in the spring that year, so the court could later use, it turned out at the behest of DiCicco and Quigley, the phony Docket to grant the $48,903.81 to Woodmar's long deceased successors-in-interest as if they had not all died and the $48,903.81 not been stolen by the court decades ago.

The entire sequence of transactions were witnessed by IRS supervising agent Jim Trimble in Indianapolis. Accordingly, on July 16, 2004, Fong and IRS Acting Chief Counsel Emily Parker and her staff caused to have IRS Executive Bobby Hunt issue an executive directive Re: Section 7623 Contract. It authorized Fong under that contract to detect, as an IRS outside stakeholder, the court's use of the stolen $48,903.81 as seed money for bribing revenue officers and OIG personnel in furtherance of the federal funding of the Calvin cycle to foreclose the United States' development of photosynthesis as an alternative energy. Surprisingly, NSF OIG's Associate Inspector General Peggy Fischer by OIG Senior Counsel Monte Fisher and others made public her coordinated action with DOJ to disable the parties' performance in satisfaction of the Section 7623 directive signed July 16, 2004 by Bobby.

Inspite of Fisher's coordinated action, Parker, Fong and Hagan succeeded in having Bobby's directive provide the parties to the contract, Fong and the United States, with the subject action, United States v. Fong - 2:2008cv00082 ("cv008"), as a means to use Richard A. Posner's economic model for networking bribery to unravel Fischer et al's network headed by DiCicco. By this network, DiCicco used the two NFTLs to institute cv008.  Meanwhile, IR Commissioner Mark Everson's staff and Fong hatched a plan, in the fall of 2004. They timed the precise moment, which happened to be late February and early March of 2008, for Treasury to release the First RNFTL to dismantle whatever Fischer et al had in mind to accomplish in DiCicco's institution of cv008. The stage was set for the network to unravel, as the court (Moody) was forced to confess that it used the PX 46 tape as the "certified original PX 45 tape" for Fischer and DiCicco to prompt Indiana Associate Justice Frank Sullivan's certification of the fictitious "order" to supplant the Indiana Supreme Court's "Alternative Writ of Mandamus."

By its Alternative Writ, the Indiana Supreme Court ordered the Tippecanoe Superior Court 2 (Busch) to file a report on the MacLauchlan shooting. Mr. MacLauchlan was murdered for uncovering Sullivan's role as counsel for Powers' self-dealing using the MMRF described in the 1995 report. Mr. Given was murdered for discovery-making of the court's theft of the Woodmar trust res reported in the 1996 report. The shooters in the Given and MacLauchlan contracts were identified by IRS Internal Security Special Agent Terry Sparks as revenue officers employed in the interstate drug-traficking across the Indiana (Terra Haute) - Illinois (Danville) stateline. DiCicco authorized sullivan's certification of the fictitious order for Tippecanoe Superior Court 2 Judge Tom Busch to implement the Kyrouac Agreement. Originally known as the the "three-way" agreement," see, Emergency Motion (5-26-09) at 13-14, renamed the Kyrouac Agreement in recognition of Terre Haute attorney Scott M. Kyrouac's pivotal role in enabling Fong's publication of NSFfunding.com's Proposal Website.

Treasury's Code Section 7623 Contract

IRS Directive signed July 16, 2004

The IRS EXEC issued the July 16, 2004 directive by reason of IDR's (Indiana Department of Revenue) submission for rectification by its legal department of the patterned racketeer activity enabling Sullivan's use of "the order" to supplant Indiana Supreme Court's "Alternative Writ of Mandamus." Upon U.S. Attorney van Bokkelen's showing proof of the court's (Moody) use of the certified Docket consisting of fabricated entries to steal from Treasury the $48,903.81, in April 2004, Fong contacted IRS Acting Chief Counsel Emily Parker to formalize Treasury’s Code Section 7623 authorized by President Clinton. Ms. Parker authorized NTA (National Taxpayers Adovocate) to institute case no. 3221334 to assign governmental counsel with accounting expertise for him to prepare NSFfunding.com's Proposal Website. Theereafter, the July 16, 2004 directive was drafted under Fong's supervision by Parker's staff attorney Holly Hagan, Public Contracts and Technology Law (PCTL). It was signed by Bobby Hunt, Director, Taxpayer Education and Communication, Small-Business/Self-Employed (SB/SE). In it, Hunt under Section 7623 of the Internal Revenue Code directed Fong to "detect and punish anyone violating the internal revenue laws," therby making him a law enforcement officer of the United States within the menaing of 18 U.S.C. Section 1515(a)(4)(A).

Reinstatement of NTA Csee No. 3221334

On 6-22-04, word reached Fong that someone had removed from the Service's administrative file NTA's case no. 3221334. Accordingly, he conducted an inquiry. The proceedings (summarized below) were tape-recorded in their entirety, as provided in two downloadable audio files herein: (1) the Andrews telephone interview; and (2) the Burkhardt-Fong interview for IRS's re-instatement of case no. 3221334, of which a transcript is also provided.

The audio files are as follows incorporated. First, Fong conducted the telephonic interview of Marlene Andrews, IRS TAS (Taxpayers Advocate Service) office in Indianapolis, who acknowledged on tape NTA's institution of case no. 3221334, but insisted on "educating" Fong on something other than the subject matter of the investigation. Andrews promised that Fong would hear from IRS's Ogden Service Center. Fong advanced his inquiry to Andrews' manager, Brent Burkhardt.

The interview of Burkhardt, was less productive, but later that day, Ogden Service Center TAS supervior Chet Blair called. He summarized his review of the situation with Jim Trimble, Andrews' supervisor. Thereby, Trimble and Blair re-affirmed Fong's contract with Treasury, Code Section 7623. Blair reported that someone erased NTA's case no. 3221334 from the Service's computer, but a hard copy of the erased matter by IRS regulation would be on file for seven years from the date of its issuance. After the telephonic interview, Blair wrote Karen Sheeley, supervisor of Andrews and Burkhardt, for Sheeley to explain to Fong why she and her staff (Andrews and Burkhardt) deleted NTA case no. 3221334. Hunt Submissions at 70.

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The First Posner Order : A Victimless Crime

2010-01-20T19:38:00.000-08:00

The author Francis K. Fong posts this report to Bobby Hunt (IRS EXEC) to call in the FBI from Washington. The case is made for the FBI to investigate DOJ (Tax) Chief Mullarkey's "three-way agreement," an outgrowth of IDR's submissions of 2-7-02 to its legal department to rectify an Indiana Supreme Court "order" entered 1-10-94 absent the required 3-justice voteline. By this order the state high court sought to cover up the MacLauchlan murder and the FBI PX 45 request.

The issue involves OIG's public letter to solicit the BGM (Bryant-Govindjee-Mets) defense to negative Purdue's finding for Fong's published work.

Richard A. Posner in his model on the economics of corruption argued,

"So what is wrong with bribing public officials to obtain public services, provided the practice is known and wages are adjusted accordingly? In effect, bribes shift the financing of public services from taxes to a combination of taxes and fees for service. By injecting a market element into public services, bribes can actually improve efficiency when used to get around rigid or inefficient rules."

What's wrong in Posner's accepting the $250,000 bribe? His model for practicing bribe-taking is "known." By accepting the bribe, he got rid of the rigid requirement of Section 2042 for the court to enter an order to withdraw the $48,902.81. In 1973, when AOUSC executives transferred back the $48,903.81 from Treasury to South Bend absent the Section 2042 order, Woodmar successor-in-interest Helen M. Woods and Posner were 72 and 34 years of age. Posner knew the odds. Mrs. Woods died in August of 1981.

After Woods died, to make the transfer-back of the $48,903.81 a victimless crime, Posner launched the simple plan. In 1984, he entered the First Posner Order, Crumpacker v. Gettinger, USDC, N.D.Ind., No. H83-700 (7-12-84), to cover up PCDF (Purdue-Calumet Development Foundation) Director Jay Given's gangland slaying for the $5,000 bribe he (Given) paid Judge James T. Moody. By this Order, Posner kept Woods' heir from petitioning for the unclaimed funds, which by 1978 he had, through Dale and Sonya Margerum's connections in West Lafayette, transferred to PEFCU to pay the Woodmar Recipients.

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The James T. Moody Action : Defendant Fong's Report to Bobby Hunt on PEFCU's Payment Plan for House Subcommittee's Investigation of the Calvin Cycle

2009-12-08T05:42:00.000-08:00

The Purpose of thie Report

By this report to Bobby Hunt (IRS EXEC) the author Francis K. Fong requests Bobby to call in the FBI from Washington to investigate the matter of PEFCU's payments in furtherance of the Calvin cycle or, in the alternative, assist pursuant to Fong's Code Sec. 7623 contact with Treasury in vesting upon Fong the power to arrest to enable his investigation of the same.

In the summer of 2004, the federal authorities and Fong made an arrangement to enable the subject action, United States v. Francis K. Fong. A long range project, this arrangement was carefully designed to unravel the court's (James T. Moody) transfer through the John Doe Trust of the $48,903.81 from Treasury for PEFCU to pay the Woodmar recipients. By PEFCU General Counsel Andy Gutwein's corroboration of Purdue president France Cordova's authorization for PEFCU's additional $15,000 payment, Nationwide Insurance by its outside counsel Scott M. Kyrouac agreed ("the Kyrouac Agreement") to make matching and additional payments through PEFCU to keep secret Purdue's Blue-Book formula with MIT to finance the Munster Plains development. The Blue-Book formula secret is as disclosed by Purdue president Steven C. Beering on the unedited PX 45 tape. Accordingly, an important objective the arrangement is to ascertain the court's handling of this unedited PX 45 tape, which Beering submitted to it in April of 1988.

The issue begins with DOJ (Tax) Chief D. Patrick Mullarkey's (Deputy Assistant Attorney General John A. DiCicco's staff) removal, in March of 1998, from IRS's administrative file of Fong and his wife Margareta's 1995 Form 1040 joint return, in which was incorporated the 1996 report. Accountant Kelly Lee of the Administrative office of U.S. Courts (AOUSC) summarized Richard Posner's simple plan, by which AOUSC executives withdrew, without the required Secition 2042 order, the $48,903.81 from a Treasury account, material to the investigation of the FBI PX 45 request by the House Oversight Subcommittee. A principal objective of the Moody Action is to establish the court's (Moody) transfer, through Mullarkey to DiCicco, of the unedited PX 45 tape.

The Moody Action

Fong in his detection of DiCicco's removal of the 1996 report was assisted by IRS Acting Chief Counsel Emily Parker and her staff in order to enable the Moody Action as follows.

First, Bobby removed Margareta's name from the 1995 return so - by March of 2008, when time came for Mullarkey to protect the 10-year statute for the Fongs' not filing return for the tax period ending 12-31-95 - only Fong was named the defendant in a tax suit with Moody as the presiding judge.
Second, prior to Mullarkey's filing suit, Bobby amended the original NFTL (Notice of Federal Tax Lien) to remove Margareta's name.
Third, and most important, in anticipation of DiCicco et al's introduction of a refiled NFTL ("RNFTL"), IRS executives were to issue timely a Certificate of Release of the original NFTL to dismantle the RNFTL, after the court's (Moody) admission of its transfer to DiCicco of the unedited PX 45 tape.

One concern was that one other than Moody would sit as judge.  The recusal statute 28 U.S.C. 455 requires a judge to recuse himself from a proceeding in which his "impartiality might reasonably be questioned," or, in other words, "whether there is a reasonable basis for a finding of an appearance of partiality under the facts and circumstances of the case." Pepsico, Inc. v. McMillen, 764 F.2d 458, 460 (7th Cir.1985) (citation omitted). Having taken the $5,000 to steal the $48,903.81 from Treasury, Moody - had he been innocent of the theft - would most likely have disqualified himself from the proceedings. Fortunately, in March of 2008, Mullarkey filed suit, United States v. Francis K. Fong - 2:2008cv082, and bribed the Chief Judge of the U.S. District Court, N.D.Ind., to assign the case to Moody sitting as presiding judge.  Fong's plan with the federal authorities for the "Moody action" succeeded.

DiCicco instituted the Moody action to convert the John Doe Trust to render impotent, or a fraud, the House Oversight Subcommittee's investigation of the FBI PX 45 request.  By the Kyrouac Agreement, which was earlier known as the "three-way" (Lugar-Mullarkey-Moody) agreement, see, Emergency Motion (5-26-09) at 13-14, Indiana Associate Justice Frank Sullivan certified the order denying writ petition ("the order") to supplant the Alternative Writ of Mandamus, in corroboration of the 1996 report.

The 1996 report addresses the 7th Circuirt's (Posner) unreported profits from the bankruptcy proceedings in In re McLean's Graphics Corporation and the Blue-Book formula enabled by Posner's order of the MacLauchlan contract.  The John Doe Trust in the sum of $261,664.89 is the trust res of the $2.34m in 1941 dollars plundered by the courts in this jurisdiction. See, Congressional Record, Proceedings and Debates of the 92d Congress, 2d Sess., Vol. 118, March 27, 1971, at E3117.

On 4-16-2008, the IRS released the ANFTL (Amended Notice of Federal Tax Lien), rendering moot the Moody Action, and DOJ (Tax) trial counsel Doug Snoeyenbos refused to oppose the defendant Francis K. Fong's motion papers.

FBI PX 45 Request

Snoeyenbos declined to oppose Fong's motion papers on account of the FBI PX 45 request submitted 4-12-04 by Communications Director LuAnn Canipe as an integral part of House Subcommittee's investigation of Purdue's "bubbles research." See, Motion for Taking "Special Judge" Pete's Deposition (8-25-08) at EXHIBIT ONE.

The FBI PX 45 request was Snoeyenbos' predecessor DOJ (Tax) trial counsel Jerry Parshall's submission of 8-11-98 before Mullarkey. The request was for the FBI crime lab to conduct a forensic analysis of the PX 45 tape released 6-25-98 by Moody, an edited (i.e., abbreviated to take matter from it) tape which Moody certified as "the original PX 45 tape."

The unedited PX 45 tape, which Beering submitted on 4-25-88, consists of Beering's explanation of the Francis K. Fong conspiracy mentioned in NSF's report of 1979. Beering explained the conspiracy in terms of Purdue's joint venture with MIT to install the Blue-Book formula for Purdue trustees' investment in the Munster Plains development involving Senator Lugar's connections to Purdue trustees president Don Powers and the Chicago Heights organized crime connections. Lugar, at whose behest NSF General Counsel's Office coordinated action with Purdue counsel Bill Emerick and IDR to have the court (Sharp) edit the PX 45 tape, is represented by Morgan Frankel, a Washington lawyer, who as Senate Counsel directed the interstate commerce for murdering MacLauchlan involving Lugar, Evan Bayh and Sullivan.

After Snoeyenbos stopped opposing Fong's motion papers, U.S. Magistrate Judge Paul Cherry took over. Cherry affirmed as follows: the court (Moody) transferred through Mullarkey the unedited PX 45 tape from its evidence vault in Lafayette, Ind., to DiCicco's in Washington. Thereafter, Sullivan certified the order to perfect the Kyrouac agreement.

Busch's Implementation

In the summer of 2009, Kyrouac represented Nationwide's interests in the Kyrouac Agreement. The representation threatened to expose Posner's simple plan, the insiders network for taking advantage of the out-of-print Indiana Supreme Court changes in its Original Action Rules in the winter of 1993-94. Kyrouac disclosed Sullivan's mistake in using "the order" file-stamped 12-21-93, which was prohibited under the pre-1994 rules. Kyrouac showed proof of Busch's assignment by Posner to record the RNFTL (a refiling of the NFTL naming both Francis K. and Margareta Fong), a botched cut-and-paste job, which Purdue President France Cordova made up at the behest of one R.A. Mitchell upon PEFCU's payment of the $15,000 to file the RNFTL and any additional liens needed for sustaining the Moody Action.

The proof was that, within seconds prior to Busch's recording of the RNFTL, the IRS recorded the ANFTL. Busch explained in open court why he went along. He said something like, "Otherwise I'll be disbarred by the Indiana Supreme Court."

Busch's Warning

On 6-29-09, Frank and Margareta Fong, Busch, Kyrouac and attorney George Tofaute, Fong's lawyer, conducted a confusing discussion recorded by the court reporter having to do with Sullivan's certification of the order, the Second Posner Order, and the MacLauchlan killing. Capping the strange event, Busch warned in open court before an audience of 100 or more litigants and their lawyers. He said something like:

Any lawyer practicing in Indiana, who dare to touch on that subject matter, will be disbarred by the Indiana Supreme Court.

In subsequent correspondence, Tofaute informed Fong of the purpose of Busch's warning: Sullivan, Moody, Busch and Mullarkey set in motion a plan in furtherance of the court's transfer of the unedited tape to DiCicco. The plan entails these individuals' manipulation of the court proceedings to convert the John Doe Trust, all in accordance with the Kyrouac Agreement for PEFCU's payments as consideration to render impotent the House Oversight Subcommittee's investigation of the Calvin cycle.

The Request: Investigation by FBI or Vesting Fong Power to Arrest

Therefore, Fong submits this report for Bobby to call in the FBI from Washington to investigate the court's transfer of the unedited PX 45 tape to DiCicco. In the alternative, Fong requests that, pursuant to the Code Sec. 7623 contract, Hunt Submissions at 51, Director Bobby Hunt provide "assistance", thereby:

"I. Facilitating Justice Department's (Tax Division) memorandum request for the FBI Crime Lab's forensic analysis of the PX45 tape;

"II. Upon verification of TIGTA's and other federal agencies' inability to assume jurisdiction, vesting upon [Fong] the power to arrest for investigating the bribery scheme corroborated by Chief Mulloarkey in support of Mr. Hunter's complaint; (emphasis in bold added) and

"III. To prepare [Fong's] 1999-2004 1040 returns, implementing [his] publication of a proposal website pursuant to Dr. Osteryoung's request for a proposal for peer review by the NSF to assist the United States' recovery of Treasury's losses from dark photosynthesis research funding."

An Update

After publication of this Report to Bobby Hunt, executives of the IRS on 3-13-11 issued a Certificate of Release for the original NFTL to dismantle the Moody Action as an instrument of fraud to penetrate the United States Treasury.

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