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Kangaroo Court Continues as SMJ is everything.pptx

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SueBozgoz

Legal Abuse Syndrome is a caused mainly by a corrupt Judge note establishing Subject Matter Jurisdiction. Note: Americans understand what SMJ is as it is everything. When a judge does not establish SMJ it is never too late to go back and sue them for crimes against humanity. There is a cure for corruption in the court rooms, it is called exposure.

Law
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Why SUBJECT MATTER JURISDICTION IS EVERYTHING TO AMERICANS, therefore, Americans must know – courts get their authority from one source and only one source = pleadings sufficient to empower the court to act meaning one of the parties must give the court its power to act by way of written and oral argument (the parties not their attorney attorneys must do this
Purpose: Demonstrate to Americans the following: (1) How the deep state/court system plays Americans using our real time RICO case(s) against them (2) Explain why subject matter jurisdiction is everything (3) Explain how the deep state manipulates god’s natural law aka common law (4) Explain courts/judge’s responsibilities to Americans (5) Solution: (1) Quo warranto (2) DOD
Objective: Expose the treason in the united States courts and jails in America against Americans as everything is business “aka” a rich man’s trick
Agenda (1) Explain why Subject Matter Jurisdiction(Personal and Sufficiency of pleading) is everything & How to prepare yourself before court (2) Example of how the courts DO NOT establish SMJ using our real time RICO/Crimes Against Humanity case (a) 2015 Aunty Evalani Yockman and Washington State (b) 2018 Sue and Robert VS VA/DC/MD (c) 2019 Jeff Blochowicz, Augusta, GA (d) 2022 Lee and Luanne, Hillsborough, FL (e) 2022 Brad vs Hillsborough/TAMPA, FL (f) 2022 Darryl Brooks (National Case)
Agenda AGENDA (Continued) (3) Explain how the deep state manipulates God’s natural law using: (a) Common law designed by Sir Edward Cooke (b) Contract law courts are private corporations (CLEARFIELD DOCTINE they abide by contract law aka they can play, but they cannot get caught/they cannot escape responsibility. (4) Explain courts/judge’s responsibilities & Oath to Americans and how they commit TREASON (5) Solution: (1) Quo Warranto/Pro confesso (2) DOD and (3) International Criminal Court (ICC) (6) References/Past Precedent which means any act, decision, or case that serves as a guide or justification for subsequent decisions
Why Subject Matter Jurisdiction is everything to Americans
We have a two-tiered court system Note: The United States is a foreign corporation. The United States Inc is the prime contractor and the Agencies are the subcontracts with a charter. They violate their charter/oath they commit a felony/Treason against Americans. The United States Inc Military has two contracts with Americans (1) United States Inc President (CEO) and (2) Service Contract for Americans
What they don’t tell Americans: • There is only 1 law, GOD’s Natural Law. We have an obligation to stand up and object anyone who violates our GOD given rights. • The 1st time, a judge, prosecutor and etc (1) violate your right, (2) the due process clause, and (3) safety, they forfeit the right to hold that leadership/Officer of the Court position. • If you don’t know your rights, you don’t have rights and whatever happens to you, it is on you. Treason is happening. WHY? The COURT is ALWAYS FAIR. THE JUDGE IS NOT THE COURT. • Everything must be on the record due to contract law. • The United States is a foreign corporation. • They play administrative F to change your reality. They usually take 10 years. During this time, they hope to dismiss, delay and or deny your higher court case against them. • They have no fear of writing void orders against AMERICANS because the FOX GUARDS THE HEN HOUSE (EXECUTIVE ORDER 12196) • Washington, Jefferson, General Pratt stole the Americans/Indigenous land by (1) killing the elderly, (2) oppressing and killing the children, (3) Standing up residential schools, (4) changing the culture, standing, (5) re-label them meaning dead (e.g. Indians, black, slaves, nigger, negro, minority, taking away the flag). • Sir Edward Cooke, directed the Europeans not only designed common law, but he ignored the charter of the Forest and replaced charter of the FOREST with 1871 KKK Act and 1983 KKK Act which means you cannot throw out a case until the victims are made whole and relief is mandatory. • When anyone violates your GOD given rights, you have standing to sue them under 18 USC 241, 242, 42 USC 1983 KKK, 42 USC 1985, 42 USC 1986 and the ADA Interference Act. • The 14 Amendment was really designed not for slaves but for corporations • Never confuse the United States Inc and America/Americans • The United States Inc is (1) the prime contractor and (2) the Agencies are the subcontracts with a charters. • When you sue any United States Inc corporation, you must put the UNITED STATE INC on the fact of the claim vs the subcontractor.
What they don’t tell Americans (continued) : • If the United States Inc, Employees violate their charter and or oath of office, they commit a Felony/Treason against Americans/their own constitution. • In order for the constitution to be legal it must reflect the will of the majority of the people. • The constitution is supposed to reflect GOD’s natural law, hence the reason if Common Law designed by Sir Edward Cooke, conflicts with GOD’s Natural Law it can be changed. • The Judges, Prosecutors, Lawyers, DOJ, Sheriff’s Department, Jails and their pawns play administrative trickery with the law, in court and with the American People • The Attorneys work for the BAR designed by Bankers, Rockerfellers. • The system developed 1990 ADA Act and ADA Reps as a front to steal more money from Americans. For example: They pretend they are taking care of the weak (e.g., elderly, service-disabled veteran, children and people. • The United States Inc’s leaders have to be just as dirty as Epstein • The United States Inc Military has two contracts with Americans (1) United States Inc President (CEO) and (2) a Service Contract to Keep American’s safe • Their rules are not laws, but rules to their constitution • Article Three Section one on their constitution NOTHING can be PRESUMED to act Jurisdictional • Courts of Inferior or limited jurisdiction have no inherent jurisdictional authority, no inherent judicial power whatsoever. Courts are empowered by one source: SUFFICIENTY OF PLEADING – Meaning one of the partied appearing before the inferior court must literally give the court its judicial power by completing jurisdiction.
What they don’t tell Americans (continued) : • They manipulate the court records/tapes (e.g., clerks in sheriff’s department) • They use the sheriff’s department to issue fake warrants and put you in jail for at least 3 days • They own the Dr’s and Nurses who offer victims Blood pressure medicine • Their foreign nurses are replacing nurses before the nurse retires (see Augusta, GA) • The prosecutors are threating competent fact witnesses, protecting the perpetrators • The prosecutors and judges are offering victims pleas without establishing SMJ • They release victims at night and don’t allow the elderly and service- disabled veterans to use their cane, walker and reasonable accommodations • They track you using your medica records and AT&T • They hire Third Party Contractors, ORM, Post Office, and etc to TROLL you. • They spend more on retaliation against the WHISTLEBLOWER vs their real job. • They play on your fear • There are 25 things they can NEVER TAKE AWAY FROM AMERICANS…
The 25 things the United States Inc and their courts cannot take away from Americans but they will try…Remember their rules are not law, but rules for their corrupt pedo corporation. Your thoughts are your reality. Their goal is to change your reality and do what they say. Know your true worth, and they wont get away with their crimes against humanity
Your Civil Rights are property
Your rights are your property
ADA RIGHTS ARE HUMAN RIGHTS
The United States Constitution Article Three, Section one, you cannot presume THESE PEOPLE WILL act judicially. You are dealing with cult members. Sir Edward Cooke designed Common law to trick Americans out of giving up their rights.
Chief Justice Roberts is the Chief Justice which speaks volume as he is friends with EPSTEIN
Lower courts are put in place to screw Americans out of Justice
Case must be tried by a jury their game is to commit perjury until it is time for a jury. Also, in Brad’s case, Judge Margaret Taylor has explaining to do.
When anyone ignores their oath and violates HUMAN RIGHTS (e.g, due process clause, safety) TREASON is happening
Remember: Public Servant (Judges, Attorneys, DOJ, VA, Police Officers, Sheriff’s Department, and DOD) cannot take AMERICAN tax dollars and deny HUMAN RIGHTS. BLUF: Ask this question: If AMERICANS pay PUBLIC SERVANTS tax dollars to do their job and if they are not doing their job, who is the third party paying them not to do their job. In other words, who is bribing them to commit TREASON and NOT DO THEIR JOB?
Understand Sir Edward Cooke’s Common law
How to prepare yourself before dealing with the courts and administrative trickery military style
Management Methodology *
Management Methodology *  Focus Step 6 Management Execution •Develop Status Charts/Control Procedures/Define Responsibilities Step 4 Develop Strategies/Procedures •Update all procedures/Schedules •Update before, during and after the events Step 5 Applicable Forms/Documents •AAR/Track/Documents Step 3 Assign Tasks •SME, Nurse, Doctor, Mentors, Legal Assistance, ADA, EEO. Step 2 Leverage Existing Data •Rules, Regulations, Policies, Federal Law/Internal and External VA Employees/News/Mr. Burke, Mr. Murphy and Mr Clark testimony via congress Step 1 Assemble Team •VA (internal/ External), Generals, SMES, EEO, ADA
Management Methodology (continued)  Focus/Main Priority: Robert and Austin Step 7 Develop Status Chart/Control Procedures •Define Responsibilities Step 8 Meetings •Keep the lines of communication open •Internal Meetings/Interface Step 9 Coordinate Internal Audits •Internal Audits to insure accurate data
Know who you are dealing with by interviewing insiders or other whistleblowers
My note after interviewing insiders • They (Attorneys in Building 810 and Judy Valois in Sarasota, FL) use perjury as their friend see 2018 Transmittal Files • They violate the Westfall Act • If you win mediation and take it outside of VA, that means they will retaliate against you using the Sheriff’s Department, VA Agencies (IRS), Go into your records, Leaders will not respond ref 42 USC 1986, Voncelle is a throw-away, they reward her by allowing her to go TDY and get GS15 pay. • Voncelle is well known to use the courts and set up other victims • They call building 810 the plantation. They play black on black, white on white. • They communicate with everyone. They know when you file against them. • They go into your records • They deny benefits so don’t have money to use against them • They try to convince you to hire their attorney using state courts and public records • Everyone VA leader omitted without fear on government documents • The General Counsel & Attorneys in building 810 directed Doctor Racha to alter Robert’s medical records • They hired the Post Office, Dr. Klein, Gail Leary and Hawkins to alter inspection/medical records and files • They hire the EEOC Judge • They have 180 days to kick your ass and build your files • They deny board certified doctors order, FMLA leave • They go into your medical records to exacerbate your condition • They hired ORM to order Voncelle James and interns (Jada) to go into our medical records and or alter records using the Army’s safe server • They steal ADA funds and deny ADA rights • They sanction the other agencies for not obeying their crimes • They go into your personal records using AT&T phone records • They reach out to different states, sheriff’s departments and Attorney Generals to set victims up. ( • They use the courts at every level They meet after hours or at three
Whistleblower conference indicates they focus on 4 topics to get money Wars Elderly Estate Denying, delaying and or dismissing Veterans Benefits Discredit Whistleblowers
Their goal – get into your head and change your reality to their reality as your thoughts are your reality
THE CABAL’s G- Staff Personnel and support • G1 – Personnel, Parent Unit (Vatican, Queen, and 1 percent) Third-Party Contractors, Agencies, Trolls, Senators and Contractors • G2 – Intelligence (ORM, Third Party Contractors, FBI, CIA) • G3 –Operations (DC Building 810, Sarasota, FLA, Redstone Army Arsenal) • G4 – Logistics – Building 810 and Red Stone Army Arsenal • G5 – Community Service/Allies, Agencies • G6 – Communications – Courts, AT&T, Benefits, EEOC/ORM, Medical records, FB tracking, Phone tracking and etc. • G7 – Training (13 Schools) and Building 810 • G8 – Finance – American tax dollars, dead veterans, dead doctors, wounded warrior games, elderly estates (old money), service-disabled veterans (delay, deny and wait until you die aka administrative trickery)
Military Decision Matrix Process (see slides) • Problem Statement • Prior Coordination • Management Methodology • Timeline • EEO Process encountered • Cause of Actions [26 claims] • Facts • Assumptions bearing on the facts • COAs (1-3) • Screening Criteria • Comparison • Evaluations • Analysis • Conclusion/Recommendation • Back Up Slides
References • A. The Rehabilitation Act of 1973 (29 U.S.C. § 701 • B. Executive Order 13164, • C. Equal Employment Opportunity Commission (EEOC) Policy Guidance on Executive Order 13164 • D. Equal Employment Opportunity Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the American's with Disabilities Act (October 17, 2002), • E. Americans with Disabilities Act Amendments Act (ADAAA) of 2008, Public Law 110-325, effective 2009. THAT one who relies on prior decisions of the Supreme Court has a perfect defense for willfulness. (U.S. v. Bishop, 412 U.S. 346 (1973), as “The claim and exercise of a Constitutional right cannot be converted into a crime.”(Miller v. U.S., 230 F.2d. 486, 489 (1956).
References continued GOD’s Universal Law 1214 Magna Carta – Leaders/All - Treat everyone equal 1217 Charter of the Forest – Everyone receives a Fair Trial if violated Westfall Act – Cannot use government attorneys (DOJ) to defend OATH OF OFFICE - Once Judge violates: (1) safe-guards and/or (2) due process clause, treason is happening TN VS Lane - Nobody gets immunity when you sue them under TITLES II & III of the ADA Act Relief is mandatory as per: 18 USC 241 18 USC 242 18 USC 246 18 USC 1001 18 USC 1341 18 USC 1512 42 USC 1983 KKK, 1871 KKK and Charter of the Forest – Trial 42 USC 1985 42 USC 1986
Military Decision Matrix AGENDA • Problem Statement • Prior Coordination • Management Methodology • Timeline • EEO Process encountered • Cause of Actions [21, 200, 400 claims] • Facts • Assumptions • COAs (1-3) • Screening Criteria • Comparison • Evaluations • Analysis • Conclusion/Recommendation • Back Up Slides
Military Decision Matrix AGENDA • We are dealing with a corrupt foreign corporation that hires third party traitors at every level. They lie, cheat, steal, gaslight and do the OPPOSITE while they use: (1) Agencies, (2) Third Parties, (3) Courts, (4) Judges, (5) Prosecutors, (6) Electronic Filing, (7) Clerks, (8) Judges, (9) Trolls, (10) Third Parties, (11) Void Orders, (12) Fake Police Reports, (13) Fake Peace Orders, (14) Fake Criminal Courts, (15) Sheriffs Department, (16) Commissioners, (17) and etc
PROBLEM STATEMENT ref: Working with VA (Continued) • Ref initial EEOC complaint: Damage has been done as the working/living conditions are so Intolerable that a reasonable person in Robert’s position [and with his disabilities] would feel compelled to resign. • Pennsylvania state Police v. Suders, 542 U.S. 129, 147 (2004) . Accord Poland v. Chertoff, 494 F. 3d 1174, 1184 (9th circuit 2007); See also Emeldi v Univ. of Or., 673 F.3d 1218, 1225 (9th Cir.2012) holding in Title VII retaliation case that constructive discharge occurs when “a retaliating employer creates working conditions so extraordinary and egregious as to overcome the normal motivation of a competent, diligent, and reasonable employee to remain on the job. • Their issue: They wanted Dr. Price to change her ADA Reasonable Accommodation complaint against how VA HQ was treating Robert which proved construction discharge.
Dr. Prices’ Comments about VA that caused the retaliation. In addition, we wrote a 300 page document which described how VA cheats Americans and service disabled veterans out of millions
This is the document that VA attorneys wanted changed
My response to VA leaders, VA Attorneys and VA’s ADA ADVOCATE
Get a Team of Subject Matter Experts VS. Attorneys. VA pays the attorneys under the table (See Jeff’s case) • We selected a team of SME vs. Attorneys because: • The practice of Law is an occupation of common right, the same being a secured liberty right. (Sims v. Aherns, 271 S.W. 720 (1925)) Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. "The practice of law cannot be licensed by any state/State." Should any state convert a secured liberty right into a privilege, charge a fee and issue a license for it, one may ignore the license and fee and engage in the exercise of the right with impunity. (Shuttlesworth vs. City of Birmingham 373 U.S. 262 (1962)). • Members of groups who are competent nonlawyers can assist other members of the group to achieve the goals of the group in court without being charged with "unauthorized practice of law.“ NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969). • THAT one who relies on prior decisions of the Supreme Court has a perfect defense for willfulness. (U.S. v. Bishop, 412 U.S. 346 (1973), as “The claim and exercise of a Constitutional right cannot be converted into a crime.”(Miller v. U.S., 230 F.2d. 486, 489 (1956). • BLUF: Solution – writ of Mandamus and Quo Warranto
2018 Mediation PRIOR COORDINATION Robert Bozgoz ‘s Support Team Veteran’s Affairs Robert Bogzgoz- VA Employee Voncelle James – Supervisor Sue Bozgoz- (ADA Representative) [Austin] Angela Kendrix – Director, VBA Ethel Briggs – SME (ADA) Ronald Burke - Dep Under Sec Field Ops Larry Hughes (ADA) Mangram- SME (Nurse) Willie Clarke – Sec Field Ops Robert - SME (EEO) Brandye Terrell – Deputy Chief of Staff Willie L- SME (EEO and ADA) Kevin Brown- HR/ADA Coordinator *Hjordis Jones – SME (EEO ADVISOR & ADA Representative) Mike Frueh– Chief of Staff Dr Price – COA 3, Doctor Melvin Gerrets – Division Chief Comp Serv *Chairman of the Joint Chiefs of Staff. General Joe Dunford and Staff- Asked to be Impartial/DOD Karen Agee – VA HR Director General Robert Shadley – ADA/MENTOR COA 3 Chris Wunsch- ADA Director * General Russel Honore - Mediation in Good Faith French Bryant – EEO Representative *Theresa – VA Alternate ADA Representative Dr. Racha - VA Doctor- Fab 2018 Med Doc Candace - VA Coworker Under Sec- Thomas Murphy
TIMELINE OF VIOLATIONS (Page 1 of 3) Dec 2016 * Robert questions Voncelles unfair practices and she fails to respond (protected by 11 Jan 2018 Chief of Staff involvement with ADA request and allowed (e,g., ADA rep, work from home, Med doc Rep named and provided to HR/Division POC. Vocelle give Robert a void letter of reprimand/retaliation Sue informs HR and Mr Bryand that retaliation against law 31 Jan 2018 Mr Brown informs Sue that he has no 2016 ADA Records of Rob, therefore, ADA does not exists. Dec 2016 Initial Harassment with Division Chief, Angela. 24 Jan 2018 Melvin J contacts Rob and informs him that Voncelle/Angela has requested an investigation against him ref: 12 Jan. Rob forms HR that he intends to file an EEO complaint due to civil rights Violation. 17 Jan 2018 Robert called into Voncelle’s office w/o ADA rep and harassed. Voncelle told Rob for times that she demand he speak. Rob refuses. Rob emails Voncelle for HR, Kevin Brown and Voncelle response 16 Jan 2018 Voncelle calls meeting. When discover Robert request ADA representative she post/canc 12 Jan 2018 EEO complaint filed and packet filed with HR and General Dunford cc’d 18 Jan 2018 30 Jan 2018 Rob and Sue, ADA Rep meet with Melvin J. ADA rep informs Melvin, HR and EEO that retaliation and intimidation against the law *ADA rep informs Voncelle of leave issue . Nov 2018 19 Jan 2018 31 Jan 2018
TIMELINE OF VIOLATIONS (Page 2 of 3) Feb 2018 French Byant, EEO informs Sue that Voncelle & Angela agree to mediation wont Remove void reprimand. Voncelle states she isnot responsible for Rob’s 2016 harassment. Feb 2018 Sue fires VA Doc & finds other Doc for Rob. Voncelle calls Rob in meeting and ask for copy of letter of Reprimand. Sue informs Voncelle that she cannot harass Rob. Brown informs Sue due to urgency going to send ADA request to director. Chris coordinate another interactive ADA meeting. Sue request Gen Shadley and Outside support. Meeting taped and medical file given to director which he leaves on table . General Dunford staff contact Sue and states he needs to be fair. APR 2018 Voncelle and Director sends Sue the results of ADA accommodations. Sue sends to doctor and doctor tells her to take VA to court because they have ignored her on purpose as they have done nothing but willfully harm. Feb 2018 MAR 2018 Sue demands VA not delay reasonable accommodation. Stress affects son. 23 Feb 2018 Stress affects Son. Rob returns to work and Voncelle calls Rob into office w/o ADA rep. Sue asked Theresa to assist. Voncelle/Angela harass Theresa. Brown inform Sue to update RA as per they directed. Sue disagrees. Mr. Burke asks for mediation due to the harassment. HR ask so to recollect med records. Sue updates medical doc and sends: 1) 2016 med doc 2) suppl doc and 3) to FMLA (2 weeks) doc to VA. 20 Feb 16 Jan 2018 Sue Contacts Under Sec, Sec, Chief ask them to stop the harassment. Under Sec response and ask for Robs information as if they are interested in helping. Feb 2018 Robert and Sue arrive at VA to attend RA meeting. Mr. Brown & Ms Agee informs Sue to change Doc’s RA doc to remove harassment. Brown Informs Sue that higher is involved and to be nice. Brown enters RA in RAPIDS . Voncelle goes on unexpected leave. Mar 2018 APR 2018 Sue informs HR and command that stress affecting son and if he has a reset She will hold them accountable as he has been institutionalized due to his disability. Sue contacts Chief of Staff to utilize open door policy. Negative Response. Sue responds to letter of Reprimand. Later, Voncelle denies it. Feb 2018 MAR 2018 APR 2018 Sue calls VA Doc to provide 2016 reasonable accommodation to VA 2xs. Doc calls Rob ask Doc on phone and In writing to provide 2016 reasonable accommodations. VA Doc fabricates 2018 RA documents and sends. Doctor fills out FMLA for a year in an effort to protect Robert from harassment. Mr. Brown Informs the Bozgozes to tell the doctor to redo the FMLA document on the right form. Then reminds Sue that she needs to have the doctor to update RA doc. Bozgoz disagrees.
TIMELINE OF VIOLATIONS (Page 3 of3) . 17 April 2018 – VAADA Director cc’d contacts Sue and informs her if she Disagrees with their ADA results fill out another form. 18 April 2018 – Sue informs VA that it has become personal and the next Step in ADA violations is court. 19 April 2018 - Sue contacts EEO coordinator, Gary Richardson and informs him that VA disregarded the Doctors and General Shadley guidance ref: do no harm. Sue requested that the additional ADA violation be added to the 26 other ADA and 1973 Rehabilitation violations. Gary agrees.
EEO Process/Program *ADA Rep contacts Voncelle James * EEO SME: Bob Smith and Niki Jones 18 Jan Sue Contacts EEO CC: VA HR, Gen Dunford ADR 24 April 2018 31 Jan 2018 Robert Receive Letter of Reprimand ORM French Bryant & Mr. Ron Burke Informal to Formal 3 Items vs 26 Items Bryant vs Bozgoz FMLA LEAVE Reasonable Accommodation Denied Reasonable Accommodation 17 Jan 2018 Robert emails Voncelle 19 Jan Voncelle Bullies Robert into talking . Report to HR VA Leader Directors Other VA Directors Supervisors HR [Supervisors/Staff/ADA] ORM Informal (French Bryant) EEO/Harassment Coordinator [Mediator] *NOTE: ORM is employed by VA 24 Jan Melvin Gerrett calls investigation for 30 Jan 2018 Warn HR and Melvin Garrett that harassment is against the law Bozgoz Contacts EEO HR HR provides Bozgoz French Browns Bosses Number 2 Feb 2018 HR Office Resolution Management ADA/FMLA Undue Delay ADR to stop Harassment and remove void letter of reprimand Mediation Prove 26 Violation 6 Dec 2016 Harassment 27 Nov 2017 Time and Allowance * Interactive process starts via email 12 Jan 2018 Robert returned from FMLA. Within minutes he Was in another meeting Without his ADA representative
. Know the Cause of Actions Comment Race 1981 (300,000 limited does not apply due to racial discrimination) No limitation ($600,000) Under 1981A (Disability, Age, Retaliation) $300,000 Maximum. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). HIPPA/Privacy Act (2 each) (2016 & 2018) $50,000 to $250,000 (3 time – 2016) Willful Violation (KKK) 1983 of Title 42 of USC Code Jury is not entitled to place a monetary value on constitutional rights violations of which was deprived/punitive damage Married/Minority (non Federal Employee) $300,000. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Separate Cause of Action/RICO Son (non government entity) VA caused emotional set back on purpose https://www.youtube.com/watch?v=dbDR_lWmdXo $300,000. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Act. We reserve the right to contact hospital to file complaint and to file a complaint with the MD Medial Board. Attorney’s Fee/Representative ADA and Dr. Price $80,000 Subject Matter Expert Fees (ADA) (24 April) $30,000 Subject Matter Expert Fee (EEO) (24 April) $10,000 Subject Matter Expert Fee (Medical) (24 April) $10,000 ADA Rep (Theresa) /ADA Violation $10,000 (110,000) VA Doctor Falsifying Medical Record RICO (treble damages (damages in triple the amount of actual/compensatory damages). RICO Act: treble damages (damages in triple the amount of actual/compensatory damages). Tremble Damages: must allege (1) that the defendant received money from a pattern of racketeering activity, (2) invested that money in an enterprise, (3) the enterprise affected interstate commerce, and (4) an injury resulting from the investment of racketeering income distinct from an injury caused by the predicate acts themselves.
COA 1: Do Nothing COA 2: Expose their crimes to America via leaders, DOD then Writ of Mandamus and Quo Warranto COA 3: DOD Court [sue parent unit and everyone in their individual capacity official capacity] COURSE OF ACTION (COA)
Initial May 2018 COA Ref: Relief
. COA 1: Relief that would have been available had the matter been heard in court: COA 1 Comment Race Discrimination: 1981 (only applies with Race) No limitation ($600,000). 1981 Punitive Damage awarded when practice is done with malice or with reckless indifference to the federal protected rights • Constructive Discharge • Changes in policies • Manage Training Under 1981A (Disability, Age, Retaliation and etc.) $300,000 Maximum Cap. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). Promote future compliance HIPPA/Privacy Act (2 each) (2016, VA Doctor, 2018) ($150,000 ) Note: $50,000 to $250,000 (3 time – 2016, VA Dr, and 2018) 5-10 years 150,000 Willful Violation (KKK) 1983 of Title 42 of USC Code Jury is not entitled to place a monetary value on constitutional rights violations of which was deprived/punitive damage ($300,000) *Rule 65 of the Federal Rule of Civil Procedure. Allows court to stop retaliation Married/Minority (non Federal Employee) /ADA/Emotional $300,000 (Not Capped) under 42 U.S.C. & 1981 a(b)(1). Separate Cause of Action/RICO Son (non government entity)/Emotional VA Caused a emotional set back on purpose) https://www.youtube.com/watch?v=dbDR_lWmdXo $300,000 (Not Capped). under 42 U.S.C. & 1981 a(b)(1). A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Act. We reserve the right to contact hospital to file complaint and to file a complaint with the MD Medial Board. Transfer to GA at VA expense under ADA Violation law $155,000. Representative ADA (Title 42 Section 126)/ADA and Dr Price $80,000 Expert Fees (ADA) (1981A and 1981) $30,000 Expert Fee (EEO) (1981A and 1981) $10,000 Expert Fee (Medical) (1981A and 1981) $10,000 ADA Rep (Theresa $10,000) /ADA Right ($110,000) $10,000 and $110, 000) VA Doctor Falsifying Medical Record RICO (treble damages (damages in triple the amount of actual/compensatory damages). RICO Act: treble damages (damages in triple the amount of actual/compensatory damages) or Use Solution: Grant Money ($3 Million) to train VA Employees, ORM, and HR on ADA, Counseling, and EEO. Tremble Damages: must allege (1) that the defendant received money from a pattern of racketeering activity, (2) invested that money in an enterprise, (3) the enterprise affected interstate commerce, and (4) an injury resulting from the investment of racketeering income distinct from an injury caused by the predicate acts themselves.
. COA #1: Relief that would have been available had the matter been heard in court. • Robert 1981 (600,000)+ 1981A (300,000)+HIPAA (150,000) +Taxes =$1,050,000 • Sue (ADA Rep) KKK 1983 (300,000)+ Emotional/ADA (300,000) +Taxes $600,000 • Austin (ADA) (300,000) +Taxes = $300,000 (https://www.youtube.com/watch?v=dbDR_lWmdXo) • Attorney and Expert Fees: 1981/1981A ($140,000) + Training = $140,000 +$155,000 • Transfer to GA at VA’s expense under ADA violation law ~$150,000 • Robert Returns to work with leave restored • Use Grant Money under 1981/1981A to UDC to ADA/Counseling training • ~3 Million • Hold VA, DOD and everyone accountable in their own individual capacity • Mandatory “tracked” [outside] training [ADA, EEO, Counseling] for all supervisors (Use Grant 3 Million to UDC) • Coordinate with UDC to provide “tracked” counseling to VA employees [student supervised training] [win-win] • Restore leave • Hire special assistant to figure out ORM/EECO process ***We reserve the right to sue RICO and Privacy Act Violations COA 1 RECAP
. COA 2: Base Relief on Retirement (22 years with Benefit, $106 X 22 plus benefits promotion and taxes ~2.8 Million) + Expert + UDC training + 3 X s COA 2 Retirement 1981A/1981/ADA/Constructive Termination 2.8 Million + Taxes ADA Representative $300,000 Austin $300,000 Transfer Back to GA under ADA Law $155,000 Attorney’s Fee/Representative ADA 1981A/1918 $80,000 Expert Fees (ADA) 1981A/1981 $30,000 Expert Fee (EEO) 1981A/1981 $10,000 Expert Fee (Medical Nurse) 1981A/1981 $10,000 ADA Rep (Theresa) /ADA and 1981A/1981/Doctor Price $110,000 (Teresa $10,000) Solution: ***1981/1981A Grant Money ($3 Million) to train VA Employees, ORM, and HR on ADA, Counseling, and EEO.
. • COA #2: Base Relief on Retirement (22 years with Benefit, $106 X 22 plus benefits, promotion and taxes ~2.8 Million) + ADA Rep, + Son + expert • Attorney and Expert Fees: 1981/1981A ($140,000) + Training = $140,000 • ADA Rep $300,000 • Son $300,000 (https://www.youtube.com/watch?v=dbDR_lWmdXo) • Transfer to GA at VA expense ADA Violation law $155,000 • Use Grant Money under 1981/1981A to UDC to ADA/Counseling training • ~3 Million • Hold VA, DOD and everyone accountable in their own individual capacity • Mandatory “tracked” [outside] training [ADA, EEO, Counseling] for all supervisors (Use Grant 3 Million to UDC) • Coordinate with UDC to provide “tracked” counseling to VA employees [student supervised training] [win-win] • Restore leave • Hire special assistant to figure out ORM/EECO process ***We reserve the right to sue RICO and Privacy Act Violations COA 2 RECAP RECOMMENDATION
. COA 3: Relief that would have been available had the matter been heard in court: COA 3 Comment Race 1981 (does not apply) No limitation ($600,000) Under 1981A (Disability, Age, Retaliation) $300,000 Maximum Cap. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). HIPAA/Privacy Act (2 each) (2016 & 2018) $50,000 to $250,000 (3 time – 2016) Willful Violation (KKK) 1983 of Title 42 of USC Code Jury is not entitled to place a monetary value on constitutional rights violations of which was deprived/punitive damage Married/Minority (non Federal Employee) $300,000 Separate Cause of Action/RICO Son (non government entity) $300,000 A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Act. We reserve the right to contact hospital to file complaint and to file a complaint with the MD Medial Board. Attorney’s Fee/Representative ADA $80,000 Expert Fees (ADA) $30,000 Expert Fee (EEO) $10,000 Expert Fee (Medical) $10,000 ADA Rep (Theresa) $10,000 VA Doctor Falsifying Medical Record RICO (treble damages (damages in triple the amount of actual/compensatory damages). RICO Act: treble damages (damages in triple the amount of actual/compensatory damages). Tremble Damages: must allege (1) that the defendant received money from a pattern of racketeering activity, (2) invested that money in an enterprise, (3) the enterprise affected interstate commerce, and (4) an injury resulting from the investment of racketeering income distinct from an injury caused by the predicate acts themselves.
. • COA 3: Court • Relief that would have been available had the matter been heard in court (Cause of Action): Hostile work environment based on: (1) Retaliation (11 Jan 2018 & 18 Jan 2018) (*1981A =$300,000 Cap) However, $300,000 Maximum Cap. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). (2) Age Discrimination, Disability, Emotional (*1981A) (3) Race (Caucasian) Discrimination (Unlimited Cap) (4) ADA 1990, Title I, II, III, V, and VII 1981 $300,000 Cap/ADA $55,000/110,000 (5) Rehabilitation Act of 1973 ($300,000) Separate Cause of Action (6) Married disabled veteran (nonfederal) Separate Cause of Action KKK 1983 (Unlimited) (7) Austin/ADA Protected nonfederal) Separate Cause of Action KKK 1983 (Unlimited) (8) Emotional Distress (Willful/Unlimitted) 5-10 Years (9) Privacy Act/HIPPA Law (2016 & RA meeting) ($100,000 to $250,000) (10) VA Doctor falsifying 2016/2018 documents (11) RICO : Treble damages (12) Multiple Press Conferences/Veteran Services Organization/Wounded Warrior Game/Invictus Games COA 3 RECAP
COA 1: Relief as per law COA 2: Relief based on Retirement COA 3: Court [VA, DOD and individual capacity and media exposure] COURSE OF ACTION (COA)
Accepted EEO Claims
Items of Violations on EEO Report (Intro) An agency shall accept a complaint from any aggrieved employee or applicant for employment who believes that s/he has been discriminated against by that agency because of race, color, religion, sex, national origin, age or disabling condition. The Commission has long defined an "aggrieved employee" as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994); see also Wildberger v. Small Business Administration, EEOC Request No. 05960761 (October 8, 1998). An agency is required to address EEO complaints only when filed by an individual who has suffered direct, personal deprivation at the hands of the employer; the agency's act must have caused some concrete effect on the aggrieved person's employment status. Quinones v. Department of Defense, EEOC Request No. 05920051 (March 12, 1992). The complaint of discrimination raises the following claim: Whether Complainant was subjected to a hostile work environment based on: (1) Retaliation, (2) age, (3) race (Caucasian), (4) Discrimination based on his disability as a Service Disabled veteran and (4) being married to a minority service disabled veteran as evidenced by the following Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 6 Dec 2016 Retaliation for ADA representative approaching boss about the harassment and unfair treatment ref: telework and indefinite phone duty. 2 weeks later, Rob received bad Report Card due to opposition (3rd Party) Boss ignores ADA Reps request and calls team meeting. In meeting Kendrix allows co- worker to harass Rob in front of peers. Rob says nothing. ADA rep contacts Chief of Staff and Deputy Bradey Terrell. CoS insures Reasonable Accommodations request starts (2018 Voncelle states on tape this action was a management deal. What happened to Rob before her time is not her responsibility. This starts the interactive process/Rob (Oct 2002 Enforcement Guide). VA leads one to believe the interactive process starts when they say it starts. Rob receives RA (Telework, ADA, Med Appoints and Superv) 2016 VA Medical Records (Dr Rashs- and Nurse – Deb ). Emails & Written request. VA Director, Angela Kendrix Chief of Staff, Mike Freul Deputy Chief of Staff Brandey Terrell VA HR Denise Williams VA Doctor Rachsa (RA ) Nurse Deb Jou (RA) Candace and Peers EEO MGT Directive 1614.107 ADA Procedures under Executive Order 13164 requires all exe branch federal agencies institute procedures for processing RA request under Section 501 of the Rehab Act of 1973 Oct 2002 Enforcement Guide ADA 1990 , Title I, II, III, V, & VII, Rehab Act of 1993, Title VII, 501 and 505 of the Rehab Act of 1973. KKK, Title 42 USC 1983 Retaliation against Rob due to ADA contacting command Racially harassed by peers and supervisor EEO law Sections 102 and 103 of the Civil Rights Act of 1991 1981A Cap $300,000. $300,000 Maximum Cap. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). No limits on Race 1991 Race Discrimination ($600,000) and KKK/1983 No limits on Race Discrimination or Under KKK 42 USC 1983 ADA Violation - $55,000 for the first violation and $110,000 there after. Reserve the rights for *RICO Claim -3 Xs Interaction process starts when asked. Rehab Act of 1973 require Fed Agency provide RA to indiv unless cause undue hardship Race Discrimination *Pattern of ongoing discrimination Agency must consider at least as background all relevant evidence offered outside of 45 days *NOTE: No undue delay when Chief of Staff got involved. Kendrix forced to follow the rules/offers mediation ADA refuses. Wants her to simply stop the harassment. 2018 HR states packet missing/ VA Doctor Fab 2016 Medial Documents *RICO **Robert becomes protected under the ADA Acts The opposition clause of Title VII has an “expansive definition,” and “great deference” is given to the EEOC’s interpretation of opposing conduct. As the Supreme Court stated in Crawford v. Metropolitan Government of Nashville and Davidson County, “‘[w]hen an employee communicates to her employer a belief that the employer has engaged in . . . a form of employment
Items of Violations on EEO Report (#1) An agency shall accept a complaint from any aggrieved employee or applicant for employment who believes that s/he has been discriminated against by that agency because of race, color, religion, sex, national origin, age or disabling condition. The Commission has long defined an "aggrieved employee" as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994); see also Wildberger v. Small Business Administration, EEOC Request No. 05960761 (October 8, 1998). An agency is required to address EEO complaints only when filed by an individual who has suffered direct, personal deprivation at the hands of the employer; the agency's act must have caused some concrete effect on the aggrieved person's employment status. Quinones v. Department of Defense, EEOC Request No. 05920051 (March 12, 1992). The complaint of discrimination raises the following claim: Whether Complainant was subjected to a hostile work environment based on: (1) Retaliation, (2) age, (3) race (Caucasian), (4) Discrimination based on his disability as a Service Disabled veteran and (4) being married to a minority service disabled veteran as evidenced by the following Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 27 Nov 2017 Time and Attendance Abuse of Power Supervisor gave leave then took it back. Once ADA rep sent an email, Supervisor gave Robert partial leave and then invited ADA Rep to talk (See Email) Voncelle James Angela Kendrix EEO Manage Directives EEO MD 110 Title I, II, VII of the Civil Rights Act of 1964, the ADEA, Title V of the ADA, Section 501 of the Rehab Act (501), the EPA ADA KKK 42 USC 1983 Sec 501 of the Rehab Act 1973 prohibits discrimination against qualified individual with disabilities with respect all terms, conditions and privileges of employment. This law also require covered employees to make RA absent undue hardship. Title III, Public Accommodations. 504 (Gov’t Programs and activities) EEO law Sections 102 and 103 of the Civil Rights Act of 1991 1981A Cap $300,000. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). No limits on Race 1991 Race Discrimination ($600,000) and KKK/1983 No limits on Race Discrimination or Under KKK 42 USC 1983 ADA Violation - $55,000 for the first violation and $110,000 there after. Reserve the right for *RICO Claim -3 Xs Establishing a pattern. Agency must consider at least as background all relevant evidence offered outside of 45 days . This was the time (if VJ [really did not coordinate with Angela Kindrex located one door away from her office] should have researched the status of Robert as a supervisor she has a responsibility to learn.
Items of Violations on EEO Report (#2) Date Claim Action Responsible Parties Regulations Prohibited by Fine Comments Following Claim addresses the additional ADA prohibition of “interference” with the exercise of rights under the ADA. The interference provision goes beyond the retaliation prohibition to make it also unlawful to coerce, intimidate, threaten, or otherwise interfere with an individual’s exercise of any right under the ADA, or with an individual who is assisting another to exercise ADA rights. 11 Jan 2018 UNFAIR TREATMENT FOR EXPRESS OPPOSITION TO DISCRIMINATORY PRACTICE/REPRISAL Interference with ADA law In response to VJ denial email, the Complainant questioned VJ unfair discriminatory email [treatment as he was singled out]. VJ. Ignored the complainant. Voncelle James Angela Kindrex WITNESSES: Candace, Theresa Davis EEOC Enforcement Guidance on Retaliation and Related Issues 2016 REHAB ACT OF 1973, [501 and 505] UNFAIR TREATMENT FOR EXPRESS OPPOSITION TO DISCRIMINATORY PRACTICE/REPRISAL Title VII of the Civil Rights Act of 1964 (Title VII), 5 the Age Discrimination, Section 704(a) of Title VII, 42 U.S.C. § 2000e–3(a), Title V of the Americans with Disabilities Act (ADA),7 Section 501 of the Rehabilitation Act (Section 501),8 the Equal Pay Act (EPA), 9 Section 4(d) of the ADEA, 29 U.S.C. § 623(d), Section 503 of the ADA, 42 U.S.C. § 12203 Retaliation: CAP $300,00 1990 ADA $55,000for the initial Claim and $100,000. Willful harassment among VA employee starts after 12 Jan PROTECTED: The first question when analyzing a claim that a materially adverse action was retaliatory is whether there was an earlier complaint or other EEO activity that is protected by the law (known as “protected activity”). Protected activity includes “participating” in an EEO process or “opposing” discrimination. These two types of protected activity arise directly from two distinct statutory retaliation clauses that differ in scope. Participation in an EEO process is more narrowly defined to refer specifically to raising a claim, testifying, assisting or participating in any manner in an investigation, proceeding or hearing under the EEO laws, but it is very broadly protected. By contrast, opposition activity encompasses a broader range of activity by which an individual opposes any practice made unlawful by the EEO statutes. The protection for opposition is limited, however, to those individuals who act with a reasonable good faith belief that a potential EEO violation exists and who act in a reasonable manner to oppose it. Okoli v. City of Balt., 648 F.3d 216, 224 (4th Cir. 2011) (ruling that it was sufficient to constitute “opposition” that plaintiff complained about “harassment” and described some facts about the sexual behavior in the workplace. EEOC v. Go Daddy Software, Inc., 581 F.3d 951, 964 (9th Cir. 2009) (holding that allegations need not have identified all incidents of the discriminatory behavior complained of to constitute opposition because “a complaint about one or more of the comments is protected behavior”); Ogden v. Wax Works, Inc., 214 F.3d 999, 1007 (8th Cir. 2000) (ruling that reasonable jury could conclude plaintiff “opposed discriminatory conduct” when she told her harasser, who was also her supervisor, to stop harassing her). 40 1 B. Lindemann, P. Grossman, & C. Weirich, Employment Discrimination Law 15–20 (5th ed. 2012)
Items of Violations on EEO Report (#3) Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments PROTECTED: The first question when analyzing a claim that a materially adverse action was retaliatory is whether there was an earlier complaint or other EEO activity that is protected by the law (known as “protected activity”). Protected activity includes “participating” in an EEO process or “opposing” discrimination. These two types of protected activity arise directly from two distinct statutory retaliation clauses that differ in scope. Participation in an EEO process is more narrowly defined to refer specifically to raising a claim, testifying, assisting or participating in any manner in an investigation, proceeding or hearing under the EEO laws, but it is very broadly protected. By contrast, opposition activity encompasses a broader range of activity by which an individual opposes any practice made unlawful by the EEO statutes. The protection for opposition is limited, however, to those individuals who act with a reasonable good faith belief that a potential EEO violation exists and who act in a reasonable manner to oppose it. 12 Jan 2018 Refusal to meet with ADA Rep and Discuss issue [Protected] Complainants ask VJ for HR representative’s information due to 11 and 12 January incident via email. VJ responds to Complainant with HR [Mr. Brown’s] email. *This is significant information because it proves VJ knows Complainant is interested in filing an EEO complaint. *This action caused the Complainant’s disability to worsen as the Supervisor failed to resolve the issue REPRISAL/ADA VIOLATION VJ agrees to meet with Complainant at 2:45. However, when complainant initiates ADA protection rights, VJ denies representation and cancels the scheduled meeting: (1) after the ADA representative arrives (2) and while supervisor, Angela Kendrix watches and (3) in the presence of Teresa Davis. Supervisor Actions constitutes intereferance in violation od ADA Voncelle James Angela Kindrex WITNESSES: Candace, Theresa Davis Rob Questions Authority/Superv. Action via email that denies. PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause 1990 ADA Interference Provision. ADA prohibits interference with the exercise or enjoyment of ADA right Title 42 USC 1223(b) Brown vs. City of Tucson, 336 F3d 1181 (9th Cir. 2003) Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Voncelle James Angela Kendrix 17 and 18 Jan 2018 Unfair treatment for express opposition to discriminatory (3rd Party) ADA sends email to Kevin Brown, HR and [General Dunford] to informs them EEO complaint will be submitted due to 11 and 12 Jan issue and how she made Rob feel . Ask for protection. Failed to protect Rob from harassment. Informed VJ. HR, Kevin Brown Voncelle James Angela Kendrix PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause ADA Violation – Interference 198 A, $300,000 Cap/Punitive Damages 1981 Unlimited 1983, KKK Jury Unlimited ADA Violation $55,000 first violation, $100,000 there after RICO 3X Voncelle James Angela Kendrix Reserve the right to file RICO
Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 19 Jan VJ directs Rob to come to her office and willfully harasses him. REPRISAL/ADA VIOLATION Harssment ADA Interference VJ directs Robert to come to her office and sit across from her in an effort to remind him who is boss. VJ directors Robert to her about 11 and 12 Jan. VJ calls Robert into her office and orders him to speak to her abut 11 and 12 Jan issue. Robert refuses as VJ become frustrated Robert refuses as he informs her that he reserves his right not to say anything to her [as there was an EEO complaint filed against her]. VJ informs Robert 4Xs to speak. Robert reminds her that he was there to listen and she will talk to him in such a manner when he knows his rights. Voncelle James Angela Kindrex PROTECTED PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause 1990 ADA Interference Provision. ADA prohibits interference with the exercise or enjoyment of ADA right Title 42 USC 1223(b) Brown vs. City of Tucson, 336 F3d 1181 (9th Cir. 2003) Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Voncelle James knows willfully violates the ADA law without fear. 24 Jan 2018 VJ and Angela Kendrix coordinates with Melvin Garrett to investigate Robert with internal investigation Melvin Gerrett coordinates an interagency investigation with Robert which is be design to intimidate and oppress him. Melvin Gerrett Voncelle James Angela Kendrix PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Warned Melvin that retaliation and harassment were against the law.
Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 30 Jan 2018 Willful Harrssment Melvin Gerrett met with Robert in person in his office to harass him. Had him sign the same documents that was previously signed and remind him he could be held accountable for not cooperating in the VOID investigation Melvin Gettett PROTECTED ADA/Reprisial Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap. ADA, $55,000 for the initial violation and $110,000 Willful harassment. Melvin Gerrette called a fake meeting and informed both Rob and Sue that they would receive a copy of the final investigation. As of date, no report. He wasted both our times. 31 Jan 2018 Supervisor gives Robert a void Letter of Reprimand VJ knows she is not authorized to give Robert a letter of reprimand as she is not a director. According to HR and VA rules, one must be a director, provide a warning first and etc. Voncelle James and HR Karen Agee PROETCTED Interference of ADA Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap. ADA, $55,000 for the initial violation and $110,000 Willful Harassment 2 Feb 2018 ADA Rep Contacts HR and attempts to call EEOC Rep, French Bryant and report retaliation. Fraud waste and abuse of tax payers funds. VJ is not rained and willfully harassing Robert. Brown informs ADA that he violated the privacy act and lost Robert’s ADA records, therefore we need to reassemble his ADA records. Kenvin Brown, informs Bozgoz that Gary is French Bryant’s boss. Conact Gary and report EEOC Protect Privacy Act ADA Violation Privacy Act ADA representative attempting to get Robert out of the toxic area. Contact VA Doctor Rasha and inform her to resend VA Robert 2016 RA. Dr Rasha ignores request. 6 Feb 2018 Reprisal/ADA Complaint filed against VJ for issuing void letter of reprimands. Voncelle denies it (policy needs to change here. Voncelle James ADA Interference KKK Ac 1983 NO Cap Willful abuse. Fraud, waste and abuse of taxpayers money.
Date Claim Action Responsible Parties Prohibited by Fine Comments 15 Feb 2018 Reprisal/ADA Fraud waste and abuse of power and tax payers money [lack of training]. ORM informs ADA Rep VJ wants to mediate but refuses to remove the void letter of reprimand from Robs personal file. Problem: Congress give appropriate funds to: HR, VJ and ORM. If the VA policy states VJ needs to be trained why are people in leadership allowing her to run wild and play with lives? ORM informs ADA Rep the VJ refused to remove Void order and if we mediate, they wont remove reprimand. ADA request VJ recognizes. Neg Response VJ Angela Kendrix French Bryant Kevin Brown Karen Agee Congress. Fraud waste and abuse ADA Interference . Clear policies, rules, and regulations are being broken. Interfere with ADA Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Start questioning VA’s practices. 16 Feb, 2018 Interference of ADA rights. Retaliation (3rd Party). Punishes Robert by calling him into her office again. Ignores RA Abuse of authority and lack of training. Voncelle James calls Robert into her office, ask him to locate the original Letter of Reprimand. They ask him to sign her the grievance which she denied. VJ Angela Kendrix Rehab Act of 1973 [501 and 505] PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 VJ calls Robert in again without ADA rep. 19 Feb, 2018 Unfair treatment due to express opposition to discrimination practice/reprisal on third party. Fraud waste and abuse ADA calls Chief of Staff, Under Sec and Deputy and Demand that they investigate VJ and her willful Federal law violations. Called Secretary, Chrystal Brooks. Left a message (emergency). Chrystal said the Chief was in a meeting and he might call back. Chief never called. Called Under Sec and Sec Sec Under Sec Chief Deputy Chrystal Brooks Rehab Act of 1973 [501 and 505] PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Under Sec Chief of Staff, Frueh Assist Chief of Staff, Terrell Voncelle Angela
Date Claim Action Responsible Party Prohibited by Fine Comments 20 Feb 2018 Retaliation from Under Sec Under Sec request more information for Robert then stops! Direction of Duty Under Sec PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap 21 Feb 2018 ADA interference and Retaliation HR refuses to find 2016 document. ADA rep assembles suppl documents VJ Angela Kendrix Kevin Brown 1981 A. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap 21 Feb 2018 ADA Interference VA Doctor Fab RA ADA fires VA Doctor for fabricating medical Records VA Doctor Privacy Act Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap 21 Feb 2018 ADA interference and retaliation Stress taking toll on Austin/Breaks down/Dr called VA & Command Kevin Brown VJ Angela Kendrix New Doctors assist Rob as the stress has affected his family. Doctor 1981A Cap $300,000 RICO ACT (3Xs) KKK 1983 22 Feb 2018 Retaliation HR refuses to expedite RA/File FMLA to protect Rob from area HR VJ Angela Kendrix EEO Counselor provides his example of EEO complaint. Bozgoz updates it afert 2nd day and sends to command and EEO rep. Everyone ignores the complaint 1981A Cap $300,000 RICO ACT (3Xs) KKK 1983 22 Feb 2018 Reach out to General Dunford, Shadley and Honore VA/HR VJ and Angela kendrix Rehabilitation Act/Undue Delay $300,000 Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap
Date Claim Action Responsible Party Prohibited by Fine Comments March 2018 Retaliation Rob returns from FMLA and VJ calls him into her office and refuses ADA rep. ADA rep finds Theresa to act as ADA rep VJ Kevin Brown Karen Agees Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Son and Wife’s PTSD is triggered. Doctor Price inform the Bozgozes that if she thought VA was going to harass him she would not have sent him back to work. She updated his FMLA documents for a year and said VA’s work area is toxic with VJ. She recommends that he stay away as their goal is to break him without regards. March 2018 ADA interference Attend RA meeting with VA HR Superv, Karen Agee and Kevin Brown HR wanted us to tell the doctor to redo RA and take out harassment. VA Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). Once HR Supervisor left to meeting. Kevin Brown informed ADA that higher is involved in our process and to be nice and I might get what Robert wants. ADA rep informed HR rep to do his job and stop wasting tax payers money. March 2018 ADA interference and retaliation ADA Rep ask for RA update. VA refuses to update. VA wants doctor to change VA & Command Kevin Brown VJ Angela Kendrix PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause VA wants Doctor price to redo her paper work to erase what she wrote on the FMLA document and RA document. Dr Price is concen. Ask Robert to consider leaving VA. 29 Mar 2018 Mr. Burke request interested in mediation. Mediation coordinate for 24 April then cancelled by VA after team assembled Mr. Burke Mediation Schedule for 24 April team prepares and 3 days before the meeting, VA cancels meeing.
Date Claim Action Responsible Party Prohibited by Fine Comments April 2018 Retaliation Rob returns from FMLA and VJ calls him into her office and refuses ADA rep. ADA rep finds Theresa to act as ADA rep VJ Kevin Brown Karen Agees Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Son and Wife’s PTSD is triggered. Doctor Price inform the Bozgozes that if she thought VA was going to harass him she would not have sent him back to work. She updated his FMLA documents for a year and said VA’s work area is toxic with VJ. She recommends that he stay away as their goal is to break him without regards. April 2018 RA Meeting with ADA interference Undue delay Taped VJ and Chris in meeting giving wrong information. VJ is the trigger but Chris W V/J April 2018 Privacy Act Violation ADA Rep provided 2016 Medical Documents to Chris to add to his files. Chris leave documents on table after General Shadley askes him and VJ to do the right thing by focusing on the victim. Chris Privacy Act $250,000 and 5 years in prison April 2018 Undue Delay Of Reasonable Accommodations. After the RA meeting, VJ disregarded the doctors advise and made RA that was not effective. As of date, Rob is staying home on FMLA as per doctors orders. VJ Chris ADA interference PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause ADA VJ has made this personal.
SCREENING CRITERIA • Each Claim must be proven to cause harm. If this can be done, it has standing in court and relief is due • The answer is yes or no • The screening criteria must tie back to the facts
. SURVIVING COAs COA 1 (Relief as per law ) COA 2 (Relief based on Retirement) COA 3 (Court [VA, DOD and individual capacity] and exposure)
EVALUATION CRITERIA #1 • Short Title: RELIEF AS PER LAW • Definition: THE TOTAL COST REQUIRED TO Relief that would have been available had the matter been heard in court as per employment arbitration rules/mediation procedures. • Unit of Measure: MEASURED IN DOLLARS • Benchmark: What ever can be proven • Formula: MORE IS BETER • WEIGHT: 5.20
EVALUATION CRITERIA #2 • Short Title: PUBLIC TRUST • Definition: What was briefed to Congress vs. Reality • Unit of Measure: MEASURED WHAT CAN BE PROVEN REF: REGULATIONS VIOLATIONS • Benchmark: VOID ACTIONS • Formula: LESS IS BETTER • WEIGHT: 12
EVALUATION CRITERIA #3 • Short Title: RELIEF AS PER RETIREMENT • Definition: THE TOTAL COST OF BOZGOZED HEALTH as per Empirical Data, OSHA and Doctors guidance • Unit of Measure: MEASURED IN DOLLARS • Benchmark: State of mind/Emotional Health • Formula: MORE IS BETER • WEIGHT: 10
WHAT MAKES GOOD CRITERIA Based on Federal Law •Preference is for objective numerical count •Compare COA to standard, SOPS, REGULATIONS – not COAs against each other •Established SOP or doctrine based Measurable Standard •Cost, time, speed, distance, span of control, flexibility, emotional stress caused to family etc. Evaluates quality of COA •Reasoning – leader applies personal experience, training, public interest •Historical Data – based on what has been known to happen •Current Allocation – existing conditions •Averaging – mathematical average of remaining COAs - least preferred method Benchmark must be based in
ANALYSIS OF COA#1 VA SLIDE • ADVANTAGES • Cost: $____________ • Emotional Harassment for Robert, Sue and Austin Stops • Damage [indirectly and directly] Stops • Everyone moves forward • VA gets training and opportunity to repair the issues. • DISADVANTAGES • Robert will continue to work inspite of doctor’s advice • Prison time for violations
ANALYSIS OF COA#2 VA SLIDE • ADVANTAGES • Cost: $____________ • Emotional Harassment for Robert, Sue and Austin Stops • Damage Stops • Everyone moves forward • VA gets training VA gets training and opportunity to repair the issues. • DISADVANTAGES • Win/Win
ANALYSIS OF COA#3 VA SLIDE • ADVANTAGES • Cost: $____________ • Emotional Harassment for Robert, Sue and Austin Stops • Damage Stops • Everyone moves forward • VA gets training • DISADVANTAGES • Media Attention • Public Trust Violations • More fines, imprisonment, longer time
DECISION MATRIX Compare raw data VA SLIDE
CONCLUSION • COA 2 - is a win-win. Although it is more expensive this entire journey would allow everyone to move forward. The damage is done and a solution has been offered so this does not happen again. • COA 3 –Public Trust issue is brought to light and All members [DOD and VA] must answer.
SOLUTION COA 2 & 3 – QUO WARRANTO
• On 9 May 2018, VA’s attorney, Judy Valois informed us that VA decided not to settle as they needed more time [to retaliate]. Over 200 acceptable civil rights violations are found in the transmittal record and over 200 civil rights violations are found in district court as they continue to retaliate, gaslight and violate our rights against the WESTFALL ACT. BLUF: DOJ could not touch our case. Their goal is to not give us relief, put us in jail using fake peace orders, pawns, courts and etc. See DOJ’s fake response. Note the 9 fake claims that DOJ and Judge Amy B. Jackson obtained from the transmittal record. This means they always knew the truth and abused us for the hell of it.
Prohibited Personnel Practices • Those things a Federal employee with personnel authority may not do. A federal employee has personnel authority if they can take, direct others to take, recommend, or approve any personnel action. This includes appointments, or any decisions concerning pay, benefits, and training. • People with personnel authority- managers and supervisors –are charged with avoiding prohibited personnel practices • Prohibited Personnel Practices are: • Illegally discriminate for or against any employee • Solicit or consider improper employment recommendation • Coerce an employee’s political activity • Obstruct a person’s right to compete for employment • Influence any person to withdraw from competition • Give unauthorized preference or improper advantage
Prohibited Personnel Practices (Continued) • Employ or promote a relative • Retaliate against a whistleblower • Retaliate against employees or applicants for filing an appeal • Unlawfully discriminate for off duty conduct • Knowing violate veteran’s preference requirements • Violate any law, rule or regulation which implements or directly concerns the merit principle.
Title 29 of the Code of Fed Reg guarantees freedom of reprisal Individual must show the elements of proof that must be stablished for a claim of whistleblower reprisal. First the individual must show that the information they provided falls under the categories of disclosure that are protected under 5 US Code 2302 Second- the individual must show that a personnel action was taken, not taken, or was threatened as a result of the disclosure. Third- the individual must show they had actual or constructive knowledge of the protected disclosure. And Fourth- the individual must show that the protected disclosure was a contributing factor in the personnel action.
Title 7 of the Civil Rights Act • Unlawful to discriminate against an individual because he or she has opposed any practice that has been made unlawful • A complain amounts to protected opposition only if an individual explicitly or implicitly communicates a belief that the practice constitutes unlawful employment discrimination • Title 7 anti-retaliation provision’s opposition clause makes it unlawful for an employer to discriminate against any employee because he or she has opposed any practice made unlawful • The opposition clause does not require the individual be correct in their belief that the agency’s employment practice they opposed actually was unlawful. The opposition clause protects the individual provided that they had a good faith and reasonable belief that a violation of the EEO statutes had or was occurring.
•Reoccurring Issues (Human Rights Violations) • Issue has become personal •It is designed to willfully harm vs. heal •Reasonable person (e.g., General Shadley, General Honore, General Dunford & Staff, Robert’s doctors, and the public, congress) would say, “If VA is doing this to their own service-disabled veterans & employees, who else are they doing this to? (1) other veterans, Theresa D., Candace, Theresa M., Kim, Leah B. [conduct command climate] and etc). •Contradicts what VA announces to congress and in the news. ASSUMPTIONS Bearing on the Facts
Know who you are dealing with- We went to the supreme court and baby clerks signed orders
Reoccurring issue across the board or “THE DEEP STATE’s GAME is alteration of records 18 USC 1506 violation without fear. We discovered that everyone (e.g., judges, sheriff’s department, attorneys, clerks, prosecutors, ADA Clerks and etc) has/have no problem lying on government documents until everyone is in CRIMINAL COURT. Once is in the CRIMINAL COURT ROOM THE PLAINTIFF MUST SHOW SUBJECT MATTER JURISDICTION/ SUFFICIENCY OF PLEADING BUT they can’t. THEREFORE, the criminal judge, prosecutor and etc attempts to lie, gaslight and or throw out the case. NOTE: THE JUDGE does not give an order or does not signed the void order. Concern: THE DAYS YOU SPEND PAYING FOR JUSTICE, CLEARING YOUR NAME OFF PUBLIC RECORD, FUNERAL MISSED and etc lost, nobody is held accountable.
Altering and writing void order is a crime – Why isn’t anyone in jail?
The games the courts play when they don’t establish Subject Matter Jurisdiction – Pay attention to detail
Example of how the courts play Americans and dont establish SMJ [using our real time RICO/Crimes Against Humanity case] (a) Aunty Evalani Yockman and Washington State (b) Sue and Robert VS VA/DC/MD (c) Jeff Blochowicz (d) Luanne and Lee’s Hillsborough/Tampa, FL (d) Brad vs Hillsborough/Tampa, FL (e) Darryl Brooks
CASE #1 Aunty Evalani Yockman and Washington State
Background My ADA Client, Aunty Nana was a passenger in a para-trans. The driver did not buckle her into her wheelchair. The driver sped, turned the corner and My Auny Nana flew out of her wheelchair and broke her neck. The driver refused to take her to the fire department or hospital until they arrived at her house. She convinced the driver to call her daughter and his boss. He took her to the hospital. Left her in the parking lot for dead. My aunt never walked against, never returned home again and later died. When we went to court, the Judge and Zurich’s attorneys tried to fake SMJ.
CASE #1 Aunty Evalani Yockman and Washington State The Judge and Clerks did the following to pretend SMJ/Sufficiency of Pleading: (1) Coordinated court via phone. I was on phone in Maryland as an ADA Rep for my cousin everyone else (e.g., Judge, Clerks, Defendant s: Zurich and Para-trans drive and Zurich’s attorneys (Leslie and her Boss) would be in court. (2) To protect our interest, I had my family in Washington State show up. I did not tell the court that they was coming. When Zurich’s attorneys saw the family, they ran out of the courtroom with their phones. (3) Once the court started, I announced on the phone that I was present. The Judge recorded my voice then hung up the phone on me. Once this happened, TREASON IS HAPPENING. (4) The Attorney testified for Zurich and the Paratrans driver. (Attorneys never testify) (5) The Judge then told my cousin and family that he does not make the laws and he had to dismiss my Aunty Nana’s 1983 KKK, ADA Violation and Wrongful Death case against Zurich. (6) The Judge then (1) Signed a void order as if I was really there in court, (2) told me to pay for Zurich attorney’s time, (3) had an ex parte meeting and lied on a false order which meant we had two order. On the second order the Judge said my cousin and I were there in the courtroom with the defendant and SMJ had been established. (7) I paid for a reconsideration hearing and protested his void order. The judge said he did not care while Zurich’s attorney (LESLIE) ran in the hallway once she saw in court. (8) Once we received the court tape, we discovered it was erased ref: When the Judge said, “I don’t care how many times you give me past precedence, I am going to deny her case every time. (9) When I took it higher the court of appeals and district court took my money and played the delay, deny, wait until you die game.
Proof of fraud, waste and abuse and TREASON in Washington, STATE Courts (STATE, DISTRICT AND COURT OF APPEALS)
They work together and cover for each other
18 USC 1506 – Theft/alteration of records
This is the minute order the Judge, Clerk and Zurich fabricated
Issue: Face of the order is wrong. (1) The defendants were not present. (2) SMJ was not established, therefore the Judge did not have authority to dismiss it. (3) This was a second order not signed. (4) The clerk did not sign the order or stamp it (5) This is a minute fake order (6) The judge is not allowed to dismiss a 1983 KKK case when relief is due
Issue: The judge dismiss the case because he said I was not an attorney.
Proof I had a right to represent my Aunty Nana’s case provided to Zurich and the courts
The initial wrongful death claim
Proof Subject Matter Jurisdiction- Lesley/Zurich
Issue with CASE #1 Ref: Subject Matter Jurisdiction
When Subject Matter Jurisdiction is challenged, the person who submitted the motion to dismiss the 1983 KKK, ADA violation, and wrongful death case must prove SMJ. Think of a table: 4 things need to be in the courtroom when SMJ is challenged (2 legs- opposing parties, (1 leg) competent fact witness, (1 leg) SMJ/why are you there? Why do they want to dismiss a wrongful death, 1983 KKK with merit and etc? Issue: (1) Defendant was not in the court room (Zurich and the para-trans driver). However, my family and Nalanie were. (2) The Plaintiffs (ADA Representative). They allowed me to state my name before they hung up the phone. They later signed my name as if I agreed to the fake order. (3) Competent fact witness (para-trans driver and Aunty Nana). My Aunty Nana is dead and the driver or Zurich did not appear (4) Zurich’s Attorney Lesley testified. Attorneys cannot testify in court EVER. Why? Because they lie. (5) They (Lesley) said she wanted to dismiss the case because I was an ADA Advocate vs an Attorney. (6) Clerks lie and alter records (7) They use bailiffs to try to intimidate you, journalist and etc (8) Spent thousands of dollars ref: Reconsideration hearing, administrative trickery, issuing summons, Court of Appeal, District Court and etc. All of them are covering for each other. They take your money and alter records, electronic filings and lie, cheat and steal.
CASE #2 Sue, Austin and Robert’s case, DC, MD and at the VA HQ
Background Robert filed an EEOC complaint at VA HQ in Washington, DC. During the process, we found fraud, waste abuse at every turn in the EEOC process. We refused to have ORM touch the EEOC investigation and requested outside support, POST OFFICE, Dr. Kline and Gail Leary. During the Post Office EEOC investigation, learned that VA hired the Post Office and the EEOC Judge to fake the EEOC investigation while VA retaliated against Robert. VA went into our medical records and exacerbated Robert’s condition, denied RA FMLA leave, denied an OSHA investigate, denied Robert’s board-certified doctors order and ordered Robert back to work on 18 Jun on 14 Aug Robert suffered a stroke. They quickly tried to pad his files with fake letter of reprimand, 5 days suspension for them (Voncelle James) causing the stroke, denied Robert’s benefits, Denied my PTSD claim until I fronted them ref: going into my family’s records under the name of Cindy Boyd. While Robert recovered from his stroke, Austin and I filed in district court under the zone of interest. We requested ADA Reasonable Accommodation from Judge Amy B. Jackson on 29 Jan 2019. We wanted the case expedite because we won our EEOC case in May 2018, however, VA (attorneys in building 810 and Second HQ’s VA rep, Judy Valois from Sarasota, FL, said they could not settle [in May] because they were not done abusing us yet. We could prove over 200 claims (Human rights violation found in transmittal record). Because of the Westfall Act the Attorneys in building 810 flew Judy Valois for mediation. They had their team and I we had our team. Once VA said, they were not settling, we asked District court to settle as we knew no attorney could touch our case. However, Judge Amy B. Jackson (1) Ignored RA, (2) Allowed DOJ Fred Haynes go into our records and deny RA, (3) Had her clerk our house and tell us not to issue the summons until VA ordered Robert back to work so they could fire him, (4) set us up using Voncelle James, (5) Sheriff’s Department, (6) Fake peace order, (7) MD Courts (state, de novo, and criminal court), (8) prosecutors, and other agencies, (9) DOJ, (10) Judge Randolph Moss and etc. During fake criminal court Voncelle James appeared in Court. Both Prosecutors informed us that they knew nothing about our case while Judge Rand Gaslit us and the Attorneys in Building 810 screamed, OH FUCK. Why? Because they are busted. They cannot establish SMJ.
CASE #2 Sue, Austin and Robert’s Case ref: SMJ The Judge, Prosecutor and Clerks did the following to pretend SMJ/Sufficiency of Pleading: (1) Said oh shit because we appeared in court to prove everyone was involved a RICO/ 18 USC 1341 crime to include the Criminal Judge, Prosecutor and etc. (2) Judge Rand and the Prosecutor had the nerve to play us thinking we did not know our rights. We played along so we could capture everyone on tape as we were setting them up. They did the following: (3) Wasted tax dollars (4) Denied ADA Reasonable Accommodations (5) The Prosecutors told us that they knew nothing about our case (6) Judge Rand got PTSD and was rude by: (1) Ignoring our ADA Advocate, Christopher King (2) Ordered Robert not to issue Voncelle James any motions and etc (3) Issued a fake unsigned order (4) Did not or could not establish SMJ because…
Why VA Attorneys, VA Leaders and Pawn Vocelle James could not establish SMJ/Sufficiency of pleading
In order to establish SMJ 4 things need to be in the court room. 1. Plaintiff: Voncelle James 2. Defendant: Robert 3. Competent Fact Witness: Christopher King (Our ADA Advocate, Attorney and Journalist) 4. Reason why we were there: Voncelle James said on the record that DOJ, Attorneys in building 810 and Amy Jackson needed the fake peace order to help her should our higher court case against them goes to trial, However, Voncelle James perjured herself on the fake police report, fake peace order and fake criminal records. On her perjured documents VJ said the following: a) POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. b) PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons c) CRIMINAL Report dated 9 June: In order to get us into criminal court, VJ stated we were criminals because we violated the 6 June void peace order. She took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email • .
Issue with VA, VA Leaders and Voncelle establishing SMJ using perjured document during criminal court 1. Everyone is involved (RICO, 18 USC 1341 and 42 USC 1986 violation) as we told everyone to stop before we went to Kangaroo Court. Everyone knew VJ had perjured herself and did not/could not win in fake criminal court using perjured documents. Furthermore, everyone knew we paid for a DE NOVO hearing in Sep. At the De novo hearing, Judge Dwyer told everyone in court that Voncelle James fake peace order goes away. Therefore, she could not take us to criminal court in November. a) VJ POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. We have the truth on the record. This proves VJ is a liar with the support of VA leaders, Attorneys in Building 810 and MD court. This is a RICO, 42 USC 1342, 18 USC 241, 242, 1983 KKK, 18 USC 1506, 42 USC 1985, 42 USC 1986 and etc. b) VJ PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons. This significant because you cannot give a peace order to anyone who is doing anything legal. Also Robert and I are ADA Advocates, it is a felony to retaliated against ADA Advocates. Furthermore, VJ stated on the record that DOJ, the Attorneys in Building 810 told her that she needed the peace order to dismiss our higher court case against them which is another crime. c) JV CRIMINAL Report dated 9 June: In order to get us into FAKE KANGAROO CRIMINLAL COURT VJ stated we were criminals because we violated the 6 June void peace order. Voncele James took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email.
Comments ref Case #2: Case #2 shows illegal retaliation. This is a recurring issue with the Justice System, VA, DOJ, Attorneys, Prosecutors, Judges, ADA Court Clerks, Commissioners, setting Americans, Whistleblowers and etc up. Issue: If you don’t know how to protect yourself against these criminals, you WILL go to jail as their goal is to discredit the whistleblower on public record.
CASE #3 Jeff’s case, Augusta, GA
Background Jeff is a GS11 Nurse and whistleblower who discovered VA Leaders in AUGUSTA, GA had a 7.3 million slush fund. They (VA LEADERS) were stealing from dead veterans and dead VA doctors. When Jeff reported this crime, VA Leaders and Attorneys set Jeff up. They said Jeff had killed a Veteran who was in the hospital. Jeff went through a DAB and was found innocent. Once Jeff was found innocent, the Augusta Sheriff’s Deputies entered a Federal Building and arrested Jeff for the same issue. The Augusta Sheriff’s Deputies put Jeff in jail, then hired 2 inmates to beat Jeff up. NOTE: Jeff is on the DARPA super soldier program, therefore, Jeff harmed these men. To punish Jeff further, the Augusta, GA court, Jeff’s Attorney which VA paid, prosecutor, and Judge required Jeff to report to court every month for 6 years without giving Jeff an order. When Robert and I visited Jeff during his hearing in Jan, we discovered SMJ was not established and the Judge, States Attorney, Jeff’s Attorney and the Prosecutor were playing Kangaroo court. The prosecutor or the defendant were not present in the courtroom. The states attorney, Judge and Jeff’s attorneys were playing. NOTE: Attorneys cannot testiy.
CASE #3 Jeff’s case ref: SMJ
Why Augusta GA Judge, Prosecutor and Jeff’s attorney could not establish SMJ/Sufficiency of pleading
In order to establish SMJ 4 things need to be in the court room. 1. Plaintiff: Not present (VA) Prosecutor was also not present. GA State’s attorney was allowed to testify for the Plaintiff. 2. Defendant: Jeff. 3. Competent fact Witness: VA not present NOTE: Jeff was found innocent in a DAB but was forced to go to fake Kangaroo Court 4. Reason why Jeff was there: Retaliation. Jeff was led to believe that he had to attend court every month, otherwise they would arrest him.
Solution: Quo Warranto The Quo Warranto forced the Judges in GA to wake up and recuse themselves and fire: (1) The Judge, (2) Prosecutor, (3) and Jeff’s Attorney Issue: We should have had a hearing to dissolved their operation We found: The clerks were altering records in the Sheriffs office VA working with the Sheriff’s Department VA paying the Attorneys, Media and etc., under the table
Comments ref case #3: This example shows illegal retaliation and Double Jeopardy . This is a recurring issue with the Justice System, VA, DOJ, Attorneys, Prosecutors, States Attorneys and Sheriff’s Department. Issue: If you don’t know how to protect yourself against these criminals, you WILL go to jail, fake kangaroo court forever, as their goal is to discredit the whistleblower on public record.
CASE #4 Lee and Luanne’s case, Hillsborough/Tampa FL 13 Circuit Courts
Background
Hillsborough Sheriff’s Department and Tampa, Florida 13 Circuit Court is running a scam with the elderly and service-disabled veterans (see Marti Oakley 2019 Whistleblower slides)
Background • James worked with the system (Tampa 13 Circuit Courts, Hillsborough Sheriff’s Department, Drug and Alcohol Facility, Doctor, Nurse and Child and Adult protection agency). To set up his mother, Luanne Simmons and Lee Smith James did the following: • Put his name on everything • Perjured himself on court documents. James stated his mother was a drug addict who was getting her drugs from Lee Smith. James also said Lee was stealing money from his mother as he could not account for his mother $50,000. James said this knowing his mother transferred $50,000 to another account to stop James from stealing from her. • James coordinated with the Hillsborough Sheriffs department server times to harass his mother. I got involved on 23 Sep 2022 and asked: (1) the Tampa ADA Chief of Staff to assist, (2) Child and Adult Protection Agency to help and (3) Sheriffs Department. • James coordinated with the Sheriff’s department, Tampa 13 Circuit Court and the Drug and Alcoholic Facility to commit her mother. On 3 Oct after James coordinated with the Hillsborough Sheriff’s Department and the Court, the sheriff’s department enter Luanne’s house with a void court order. They told Luanne that they were going to take her to the hospital 5 minutes upthe road, instead the Hillsborough sheriffs deputy took Luanne 45 minutes to a drug and alcohol testing center without her walker and in a Hillsborough sheriff • While in the center, Luanne was forced to take a urinalysis test which was negative. Once her test was found
CASE #2 Sue, Austin and Robert’s Case ref: SMJ The Judge, Prosecutor and Clerks did the following to pretend SMJ/Sufficiency of Pleading: (1) Said oh shit because we appeared in court to prove everyone was involved a RICO/ 18 USC 1341 crime to include the Criminal Judge, Prosecutor and etc. (2) Judge Rand and the Prosecutor had the nerve to play us thinking we did not know our rights. We played along so we could capture everyone on tape as we were setting them up. They did the following: (3) Wasted tax dollars (4) Denied ADA Reasonable Accommodations (5) The Prosecutors told us that they knew nothing about our case (6) Judge Rand got PTSD and was rude by: (1) Ignoring our ADA Advocate, Christopher King (2) Ordered Robert not to issue Voncelle James any motions and etc (3) Issued a fake unsigned order (4) Did not or could not establish SMJ because…
Why VA Attorneys, VA Leaders and Pawn Vocelle James could not establish SMJ/Sufficiency of pleading
In order to establish SMJ 4 things need to be in the court room. 1. Plaintiff: Voncelle James 2. Defendant: Robert 3. Competent Fact Witness: Christopher King (Our ADA Advocate, Attorney and Journalist) 4. Reason why we were there: Voncelle James said on the record that DOJ, Attorneys in building 810 and Amy Jackson needed the fake peace order to help her should our higher court case against them goes to trial, However, Voncelle James perjured herself on the fake police report, fake peace order and fake criminal records. On her perjured documents VJ said the following: a) POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. b) PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons c) CRIMINAL Report dated 9 June: In order to get us into criminal court, VJ stated we were criminals because we violated the 6 June void peace order. She took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email • .
Issue with VA, VA Leaders and Voncelle establishing SMJ using perjured document during criminal court 1. Everyone is involved (RICO, 18 USC 1341 and 42 USC 1986 violation) as we told everyone to stop before we went to Kangaroo Court. Everyone knew VJ had perjured herself and did not/could not win in fake criminal court using perjured documents. Furthermore, everyone knew we paid for a DE NOVO hearing in Sep. At the De novo hearing, Judge Dwyer told everyone in court that Voncelle James fake peace order goes away. Therefore, she could not take us to criminal court in November. a) VJ POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. We have the truth on the record. This proves VJ is a liar with the support of VA leaders, Attorneys in Building 810 and MD court. This is a RICO, 42 USC 1342, 18 USC 241, 242, 1983 KKK, 18 USC 1506, 42 USC 1985, 42 USC 1986 and etc. b) VJ PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons. This significant because you cannot give a peace order to anyone who is doing anything legal. Also Robert and I are ADA Advocates, it is a felony to retaliated against ADA Advocates. Furthermore, VJ stated on the record that DOJ, the Attorneys in Building 810 told her that she needed the peace order to dismiss our higher court case against them which is another crime. c) JV CRIMINAL Report dated 9 June: In order to get us into FAKE KANGAROO CRIMINLAL COURT VJ stated we were criminals because we violated the 6 June void peace order. Voncele James took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email.
In order to establish SMJ 4 things need to be in the court room. 1. POLICE REPORT dated 6 Jun 2019: VJ perjured herself by stating Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. 1. PEACE ORDER dated 6 Jun 2019: VJ perjured herself by stating Robert and I were stalkers, ex- employees who came to her house with weapons in our car. She also stated on her peace order that we were issuing a summons 2. Criminal Report: In order to get us into criminal court, VJ stated we were criminals because we violated the 6 June peace order because ADA Advocate, Attorney Christopher King, and Journalist made a WHISTHLEBLOWER VIDEO, therefore we were guilty. She also use a Workers Compensation Email stating Robert sent an email to her ref: their crimes and how workers compensation meeting was late because Voncell could not attend because she filed a fake peace order on 6 June. • .
Proof of fraud, waste and abuse and TREASON in Washington, STATE Courts (STATE, DISTRICT AND COURT OF APPEALS)
Explain how the deep state manipulates God’s natural law using: (1) common law and (2) contract law
Explain courts/judge’s responsibilities to Americans and how they commit TREASON (1) The right to sue a judge and associates as nobody gets immunity (2) Relief as per 1983 KKK, 1871 KKK, and Charter of the FOREST as relief is mandatory
Solution: (1) Quo warranto (2) DOD
Our Justice System is corrupt as hell. When they go rogue do this (1) Quo Warranto and (2) get the Military involve.
(6) References/Past Precedent which means any act, decision, or case that serves as a guide or justification for subsequent decisions
Everyone should read the Secret of the Legal Industry because we Americans have been played by the rich
Kangaroo Court Continues as SMJ is everything. When the courts go rogue ask DOD Ken Scott, here is my thoughts about Darrell Brooks case. Once Subject Matter Jurisdiction is challenge, everything stops. The Plaintiffs must prove SMJ.
It is a matter of law that the Judge follow the law. When SMJ is challenged it is to be shown and proved BEFORE court proceeds
It all comes down to Corporate law/Clearfield Doctrine
We have a two-tiered court system
Example of a SMJ challenge ref: Brads case
Request for finding of the facts
EVERYTHIN G
Challenge Judge Margaret Taylor’s void order dated 31 Oct 2022 ref: Trial without a hearing scheduled on 29 Nov 2022
Appeal void order issued by Judge Margaret Taylor on 31 Oct 2022
Motion to dismiss because lack of SMJ. Sufficiency of pleading was not established
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一比一原版牛津布鲁克斯大学毕业证学位证书
 

Kangaroo Court Continues as SMJ is everything.pptx

  • 1. Why SUBJECT MATTER JURISDICTION IS EVERYTHING TO AMERICANS, therefore, Americans must know – courts get their authority from one source and only one source = pleadings sufficient to empower the court to act meaning one of the parties must give the court its power to act by way of written and oral argument (the parties not their attorney attorneys must do this
  • 2. Purpose: Demonstrate to Americans the following: (1) How the deep state/court system plays Americans using our real time RICO case(s) against them (2) Explain why subject matter jurisdiction is everything (3) Explain how the deep state manipulates god’s natural law aka common law (4) Explain courts/judge’s responsibilities to Americans (5) Solution: (1) Quo warranto (2) DOD
  • 3. Objective: Expose the treason in the united States courts and jails in America against Americans as everything is business “aka” a rich man’s trick
  • 4. Agenda (1) Explain why Subject Matter Jurisdiction(Personal and Sufficiency of pleading) is everything & How to prepare yourself before court (2) Example of how the courts DO NOT establish SMJ using our real time RICO/Crimes Against Humanity case (a) 2015 Aunty Evalani Yockman and Washington State (b) 2018 Sue and Robert VS VA/DC/MD (c) 2019 Jeff Blochowicz, Augusta, GA (d) 2022 Lee and Luanne, Hillsborough, FL (e) 2022 Brad vs Hillsborough/TAMPA, FL (f) 2022 Darryl Brooks (National Case)
  • 5. Agenda AGENDA (Continued) (3) Explain how the deep state manipulates God’s natural law using: (a) Common law designed by Sir Edward Cooke (b) Contract law courts are private corporations (CLEARFIELD DOCTINE they abide by contract law aka they can play, but they cannot get caught/they cannot escape responsibility. (4) Explain courts/judge’s responsibilities & Oath to Americans and how they commit TREASON (5) Solution: (1) Quo Warranto/Pro confesso (2) DOD and (3) International Criminal Court (ICC) (6) References/Past Precedent which means any act, decision, or case that serves as a guide or justification for subsequent decisions
  • 6. Why Subject Matter Jurisdiction is everything to Americans
  • 7. We have a two-tiered court system Note: The United States is a foreign corporation. The United States Inc is the prime contractor and the Agencies are the subcontracts with a charter. They violate their charter/oath they commit a felony/Treason against Americans. The United States Inc Military has two contracts with Americans (1) United States Inc President (CEO) and (2) Service Contract for Americans
  • 8. What they don’t tell Americans: • There is only 1 law, GOD’s Natural Law. We have an obligation to stand up and object anyone who violates our GOD given rights. • The 1st time, a judge, prosecutor and etc (1) violate your right, (2) the due process clause, and (3) safety, they forfeit the right to hold that leadership/Officer of the Court position. • If you don’t know your rights, you don’t have rights and whatever happens to you, it is on you. Treason is happening. WHY? The COURT is ALWAYS FAIR. THE JUDGE IS NOT THE COURT. • Everything must be on the record due to contract law. • The United States is a foreign corporation. • They play administrative F to change your reality. They usually take 10 years. During this time, they hope to dismiss, delay and or deny your higher court case against them. • They have no fear of writing void orders against AMERICANS because the FOX GUARDS THE HEN HOUSE (EXECUTIVE ORDER 12196) • Washington, Jefferson, General Pratt stole the Americans/Indigenous land by (1) killing the elderly, (2) oppressing and killing the children, (3) Standing up residential schools, (4) changing the culture, standing, (5) re-label them meaning dead (e.g. Indians, black, slaves, nigger, negro, minority, taking away the flag). • Sir Edward Cooke, directed the Europeans not only designed common law, but he ignored the charter of the Forest and replaced charter of the FOREST with 1871 KKK Act and 1983 KKK Act which means you cannot throw out a case until the victims are made whole and relief is mandatory. • When anyone violates your GOD given rights, you have standing to sue them under 18 USC 241, 242, 42 USC 1983 KKK, 42 USC 1985, 42 USC 1986 and the ADA Interference Act. • The 14 Amendment was really designed not for slaves but for corporations • Never confuse the United States Inc and America/Americans • The United States Inc is (1) the prime contractor and (2) the Agencies are the subcontracts with a charters. • When you sue any United States Inc corporation, you must put the UNITED STATE INC on the fact of the claim vs the subcontractor.
  • 9. What they don’t tell Americans (continued) : • If the United States Inc, Employees violate their charter and or oath of office, they commit a Felony/Treason against Americans/their own constitution. • In order for the constitution to be legal it must reflect the will of the majority of the people. • The constitution is supposed to reflect GOD’s natural law, hence the reason if Common Law designed by Sir Edward Cooke, conflicts with GOD’s Natural Law it can be changed. • The Judges, Prosecutors, Lawyers, DOJ, Sheriff’s Department, Jails and their pawns play administrative trickery with the law, in court and with the American People • The Attorneys work for the BAR designed by Bankers, Rockerfellers. • The system developed 1990 ADA Act and ADA Reps as a front to steal more money from Americans. For example: They pretend they are taking care of the weak (e.g., elderly, service-disabled veteran, children and people. • The United States Inc’s leaders have to be just as dirty as Epstein • The United States Inc Military has two contracts with Americans (1) United States Inc President (CEO) and (2) a Service Contract to Keep American’s safe • Their rules are not laws, but rules to their constitution • Article Three Section one on their constitution NOTHING can be PRESUMED to act Jurisdictional • Courts of Inferior or limited jurisdiction have no inherent jurisdictional authority, no inherent judicial power whatsoever. Courts are empowered by one source: SUFFICIENTY OF PLEADING – Meaning one of the partied appearing before the inferior court must literally give the court its judicial power by completing jurisdiction.
  • 10. What they don’t tell Americans (continued) : • They manipulate the court records/tapes (e.g., clerks in sheriff’s department) • They use the sheriff’s department to issue fake warrants and put you in jail for at least 3 days • They own the Dr’s and Nurses who offer victims Blood pressure medicine • Their foreign nurses are replacing nurses before the nurse retires (see Augusta, GA) • The prosecutors are threating competent fact witnesses, protecting the perpetrators • The prosecutors and judges are offering victims pleas without establishing SMJ • They release victims at night and don’t allow the elderly and service- disabled veterans to use their cane, walker and reasonable accommodations • They track you using your medica records and AT&T • They hire Third Party Contractors, ORM, Post Office, and etc to TROLL you. • They spend more on retaliation against the WHISTLEBLOWER vs their real job. • They play on your fear • There are 25 things they can NEVER TAKE AWAY FROM AMERICANS…
  • 11. The 25 things the United States Inc and their courts cannot take away from Americans but they will try…Remember their rules are not law, but rules for their corrupt pedo corporation. Your thoughts are your reality. Their goal is to change your reality and do what they say. Know your true worth, and they wont get away with their crimes against humanity
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  • 15. Your Civil Rights are property
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  • 19. Your rights are your property
  • 20. ADA RIGHTS ARE HUMAN RIGHTS
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  • 23. The United States Constitution Article Three, Section one, you cannot presume THESE PEOPLE WILL act judicially. You are dealing with cult members. Sir Edward Cooke designed Common law to trick Americans out of giving up their rights.
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  • 25. Chief Justice Roberts is the Chief Justice which speaks volume as he is friends with EPSTEIN
  • 26. Lower courts are put in place to screw Americans out of Justice
  • 27. Case must be tried by a jury their game is to commit perjury until it is time for a jury. Also, in Brad’s case, Judge Margaret Taylor has explaining to do.
  • 28. When anyone ignores their oath and violates HUMAN RIGHTS (e.g, due process clause, safety) TREASON is happening
  • 29. Remember: Public Servant (Judges, Attorneys, DOJ, VA, Police Officers, Sheriff’s Department, and DOD) cannot take AMERICAN tax dollars and deny HUMAN RIGHTS. BLUF: Ask this question: If AMERICANS pay PUBLIC SERVANTS tax dollars to do their job and if they are not doing their job, who is the third party paying them not to do their job. In other words, who is bribing them to commit TREASON and NOT DO THEIR JOB?
  • 30. Understand Sir Edward Cooke’s Common law
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  • 33. How to prepare yourself before dealing with the courts and administrative trickery military style
  • 35. Management Methodology *  Focus Step 6 Management Execution •Develop Status Charts/Control Procedures/Define Responsibilities Step 4 Develop Strategies/Procedures •Update all procedures/Schedules •Update before, during and after the events Step 5 Applicable Forms/Documents •AAR/Track/Documents Step 3 Assign Tasks •SME, Nurse, Doctor, Mentors, Legal Assistance, ADA, EEO. Step 2 Leverage Existing Data •Rules, Regulations, Policies, Federal Law/Internal and External VA Employees/News/Mr. Burke, Mr. Murphy and Mr Clark testimony via congress Step 1 Assemble Team •VA (internal/ External), Generals, SMES, EEO, ADA
  • 36. Management Methodology (continued)  Focus/Main Priority: Robert and Austin Step 7 Develop Status Chart/Control Procedures •Define Responsibilities Step 8 Meetings •Keep the lines of communication open •Internal Meetings/Interface Step 9 Coordinate Internal Audits •Internal Audits to insure accurate data
  • 37. Know who you are dealing with by interviewing insiders or other whistleblowers
  • 38. My note after interviewing insiders • They (Attorneys in Building 810 and Judy Valois in Sarasota, FL) use perjury as their friend see 2018 Transmittal Files • They violate the Westfall Act • If you win mediation and take it outside of VA, that means they will retaliate against you using the Sheriff’s Department, VA Agencies (IRS), Go into your records, Leaders will not respond ref 42 USC 1986, Voncelle is a throw-away, they reward her by allowing her to go TDY and get GS15 pay. • Voncelle is well known to use the courts and set up other victims • They call building 810 the plantation. They play black on black, white on white. • They communicate with everyone. They know when you file against them. • They go into your records • They deny benefits so don’t have money to use against them • They try to convince you to hire their attorney using state courts and public records • Everyone VA leader omitted without fear on government documents • The General Counsel & Attorneys in building 810 directed Doctor Racha to alter Robert’s medical records • They hired the Post Office, Dr. Klein, Gail Leary and Hawkins to alter inspection/medical records and files • They hire the EEOC Judge • They have 180 days to kick your ass and build your files • They deny board certified doctors order, FMLA leave • They go into your medical records to exacerbate your condition • They hired ORM to order Voncelle James and interns (Jada) to go into our medical records and or alter records using the Army’s safe server • They steal ADA funds and deny ADA rights • They sanction the other agencies for not obeying their crimes • They go into your personal records using AT&T phone records • They reach out to different states, sheriff’s departments and Attorney Generals to set victims up. ( • They use the courts at every level They meet after hours or at three
  • 39. Whistleblower conference indicates they focus on 4 topics to get money Wars Elderly Estate Denying, delaying and or dismissing Veterans Benefits Discredit Whistleblowers
  • 40. Their goal – get into your head and change your reality to their reality as your thoughts are your reality
  • 41. THE CABAL’s G- Staff Personnel and support • G1 – Personnel, Parent Unit (Vatican, Queen, and 1 percent) Third-Party Contractors, Agencies, Trolls, Senators and Contractors • G2 – Intelligence (ORM, Third Party Contractors, FBI, CIA) • G3 –Operations (DC Building 810, Sarasota, FLA, Redstone Army Arsenal) • G4 – Logistics – Building 810 and Red Stone Army Arsenal • G5 – Community Service/Allies, Agencies • G6 – Communications – Courts, AT&T, Benefits, EEOC/ORM, Medical records, FB tracking, Phone tracking and etc. • G7 – Training (13 Schools) and Building 810 • G8 – Finance – American tax dollars, dead veterans, dead doctors, wounded warrior games, elderly estates (old money), service-disabled veterans (delay, deny and wait until you die aka administrative trickery)
  • 42. Military Decision Matrix Process (see slides) • Problem Statement • Prior Coordination • Management Methodology • Timeline • EEO Process encountered • Cause of Actions [26 claims] • Facts • Assumptions bearing on the facts • COAs (1-3) • Screening Criteria • Comparison • Evaluations • Analysis • Conclusion/Recommendation • Back Up Slides
  • 43. References • A. The Rehabilitation Act of 1973 (29 U.S.C. § 701 • B. Executive Order 13164, • C. Equal Employment Opportunity Commission (EEOC) Policy Guidance on Executive Order 13164 • D. Equal Employment Opportunity Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the American's with Disabilities Act (October 17, 2002), • E. Americans with Disabilities Act Amendments Act (ADAAA) of 2008, Public Law 110-325, effective 2009. THAT one who relies on prior decisions of the Supreme Court has a perfect defense for willfulness. (U.S. v. Bishop, 412 U.S. 346 (1973), as “The claim and exercise of a Constitutional right cannot be converted into a crime.”(Miller v. U.S., 230 F.2d. 486, 489 (1956).
  • 44. References continued GOD’s Universal Law 1214 Magna Carta – Leaders/All - Treat everyone equal 1217 Charter of the Forest – Everyone receives a Fair Trial if violated Westfall Act – Cannot use government attorneys (DOJ) to defend OATH OF OFFICE - Once Judge violates: (1) safe-guards and/or (2) due process clause, treason is happening TN VS Lane - Nobody gets immunity when you sue them under TITLES II & III of the ADA Act Relief is mandatory as per: 18 USC 241 18 USC 242 18 USC 246 18 USC 1001 18 USC 1341 18 USC 1512 42 USC 1983 KKK, 1871 KKK and Charter of the Forest – Trial 42 USC 1985 42 USC 1986
  • 45. Military Decision Matrix AGENDA • Problem Statement • Prior Coordination • Management Methodology • Timeline • EEO Process encountered • Cause of Actions [21, 200, 400 claims] • Facts • Assumptions • COAs (1-3) • Screening Criteria • Comparison • Evaluations • Analysis • Conclusion/Recommendation • Back Up Slides
  • 46. Military Decision Matrix AGENDA • We are dealing with a corrupt foreign corporation that hires third party traitors at every level. They lie, cheat, steal, gaslight and do the OPPOSITE while they use: (1) Agencies, (2) Third Parties, (3) Courts, (4) Judges, (5) Prosecutors, (6) Electronic Filing, (7) Clerks, (8) Judges, (9) Trolls, (10) Third Parties, (11) Void Orders, (12) Fake Police Reports, (13) Fake Peace Orders, (14) Fake Criminal Courts, (15) Sheriffs Department, (16) Commissioners, (17) and etc
  • 47. PROBLEM STATEMENT ref: Working with VA (Continued) • Ref initial EEOC complaint: Damage has been done as the working/living conditions are so Intolerable that a reasonable person in Robert’s position [and with his disabilities] would feel compelled to resign. • Pennsylvania state Police v. Suders, 542 U.S. 129, 147 (2004) . Accord Poland v. Chertoff, 494 F. 3d 1174, 1184 (9th circuit 2007); See also Emeldi v Univ. of Or., 673 F.3d 1218, 1225 (9th Cir.2012) holding in Title VII retaliation case that constructive discharge occurs when “a retaliating employer creates working conditions so extraordinary and egregious as to overcome the normal motivation of a competent, diligent, and reasonable employee to remain on the job. • Their issue: They wanted Dr. Price to change her ADA Reasonable Accommodation complaint against how VA HQ was treating Robert which proved construction discharge.
  • 48. Dr. Prices’ Comments about VA that caused the retaliation. In addition, we wrote a 300 page document which described how VA cheats Americans and service disabled veterans out of millions
  • 49. This is the document that VA attorneys wanted changed
  • 50. My response to VA leaders, VA Attorneys and VA’s ADA ADVOCATE
  • 51. Get a Team of Subject Matter Experts VS. Attorneys. VA pays the attorneys under the table (See Jeff’s case) • We selected a team of SME vs. Attorneys because: • The practice of Law is an occupation of common right, the same being a secured liberty right. (Sims v. Aherns, 271 S.W. 720 (1925)) Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. "The practice of law cannot be licensed by any state/State." Should any state convert a secured liberty right into a privilege, charge a fee and issue a license for it, one may ignore the license and fee and engage in the exercise of the right with impunity. (Shuttlesworth vs. City of Birmingham 373 U.S. 262 (1962)). • Members of groups who are competent nonlawyers can assist other members of the group to achieve the goals of the group in court without being charged with "unauthorized practice of law.“ NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969). • THAT one who relies on prior decisions of the Supreme Court has a perfect defense for willfulness. (U.S. v. Bishop, 412 U.S. 346 (1973), as “The claim and exercise of a Constitutional right cannot be converted into a crime.”(Miller v. U.S., 230 F.2d. 486, 489 (1956). • BLUF: Solution – writ of Mandamus and Quo Warranto
  • 52. 2018 Mediation PRIOR COORDINATION Robert Bozgoz ‘s Support Team Veteran’s Affairs Robert Bogzgoz- VA Employee Voncelle James – Supervisor Sue Bozgoz- (ADA Representative) [Austin] Angela Kendrix – Director, VBA Ethel Briggs – SME (ADA) Ronald Burke - Dep Under Sec Field Ops Larry Hughes (ADA) Mangram- SME (Nurse) Willie Clarke – Sec Field Ops Robert - SME (EEO) Brandye Terrell – Deputy Chief of Staff Willie L- SME (EEO and ADA) Kevin Brown- HR/ADA Coordinator *Hjordis Jones – SME (EEO ADVISOR & ADA Representative) Mike Frueh– Chief of Staff Dr Price – COA 3, Doctor Melvin Gerrets – Division Chief Comp Serv *Chairman of the Joint Chiefs of Staff. General Joe Dunford and Staff- Asked to be Impartial/DOD Karen Agee – VA HR Director General Robert Shadley – ADA/MENTOR COA 3 Chris Wunsch- ADA Director * General Russel Honore - Mediation in Good Faith French Bryant – EEO Representative *Theresa – VA Alternate ADA Representative Dr. Racha - VA Doctor- Fab 2018 Med Doc Candace - VA Coworker Under Sec- Thomas Murphy
  • 53. TIMELINE OF VIOLATIONS (Page 1 of 3) Dec 2016 * Robert questions Voncelles unfair practices and she fails to respond (protected by 11 Jan 2018 Chief of Staff involvement with ADA request and allowed (e,g., ADA rep, work from home, Med doc Rep named and provided to HR/Division POC. Vocelle give Robert a void letter of reprimand/retaliation Sue informs HR and Mr Bryand that retaliation against law 31 Jan 2018 Mr Brown informs Sue that he has no 2016 ADA Records of Rob, therefore, ADA does not exists. Dec 2016 Initial Harassment with Division Chief, Angela. 24 Jan 2018 Melvin J contacts Rob and informs him that Voncelle/Angela has requested an investigation against him ref: 12 Jan. Rob forms HR that he intends to file an EEO complaint due to civil rights Violation. 17 Jan 2018 Robert called into Voncelle’s office w/o ADA rep and harassed. Voncelle told Rob for times that she demand he speak. Rob refuses. Rob emails Voncelle for HR, Kevin Brown and Voncelle response 16 Jan 2018 Voncelle calls meeting. When discover Robert request ADA representative she post/canc 12 Jan 2018 EEO complaint filed and packet filed with HR and General Dunford cc’d 18 Jan 2018 30 Jan 2018 Rob and Sue, ADA Rep meet with Melvin J. ADA rep informs Melvin, HR and EEO that retaliation and intimidation against the law *ADA rep informs Voncelle of leave issue . Nov 2018 19 Jan 2018 31 Jan 2018
  • 54. TIMELINE OF VIOLATIONS (Page 2 of 3) Feb 2018 French Byant, EEO informs Sue that Voncelle & Angela agree to mediation wont Remove void reprimand. Voncelle states she isnot responsible for Rob’s 2016 harassment. Feb 2018 Sue fires VA Doc & finds other Doc for Rob. Voncelle calls Rob in meeting and ask for copy of letter of Reprimand. Sue informs Voncelle that she cannot harass Rob. Brown informs Sue due to urgency going to send ADA request to director. Chris coordinate another interactive ADA meeting. Sue request Gen Shadley and Outside support. Meeting taped and medical file given to director which he leaves on table . General Dunford staff contact Sue and states he needs to be fair. APR 2018 Voncelle and Director sends Sue the results of ADA accommodations. Sue sends to doctor and doctor tells her to take VA to court because they have ignored her on purpose as they have done nothing but willfully harm. Feb 2018 MAR 2018 Sue demands VA not delay reasonable accommodation. Stress affects son. 23 Feb 2018 Stress affects Son. Rob returns to work and Voncelle calls Rob into office w/o ADA rep. Sue asked Theresa to assist. Voncelle/Angela harass Theresa. Brown inform Sue to update RA as per they directed. Sue disagrees. Mr. Burke asks for mediation due to the harassment. HR ask so to recollect med records. Sue updates medical doc and sends: 1) 2016 med doc 2) suppl doc and 3) to FMLA (2 weeks) doc to VA. 20 Feb 16 Jan 2018 Sue Contacts Under Sec, Sec, Chief ask them to stop the harassment. Under Sec response and ask for Robs information as if they are interested in helping. Feb 2018 Robert and Sue arrive at VA to attend RA meeting. Mr. Brown & Ms Agee informs Sue to change Doc’s RA doc to remove harassment. Brown Informs Sue that higher is involved and to be nice. Brown enters RA in RAPIDS . Voncelle goes on unexpected leave. Mar 2018 APR 2018 Sue informs HR and command that stress affecting son and if he has a reset She will hold them accountable as he has been institutionalized due to his disability. Sue contacts Chief of Staff to utilize open door policy. Negative Response. Sue responds to letter of Reprimand. Later, Voncelle denies it. Feb 2018 MAR 2018 APR 2018 Sue calls VA Doc to provide 2016 reasonable accommodation to VA 2xs. Doc calls Rob ask Doc on phone and In writing to provide 2016 reasonable accommodations. VA Doc fabricates 2018 RA documents and sends. Doctor fills out FMLA for a year in an effort to protect Robert from harassment. Mr. Brown Informs the Bozgozes to tell the doctor to redo the FMLA document on the right form. Then reminds Sue that she needs to have the doctor to update RA doc. Bozgoz disagrees.
  • 55. TIMELINE OF VIOLATIONS (Page 3 of3) . 17 April 2018 – VAADA Director cc’d contacts Sue and informs her if she Disagrees with their ADA results fill out another form. 18 April 2018 – Sue informs VA that it has become personal and the next Step in ADA violations is court. 19 April 2018 - Sue contacts EEO coordinator, Gary Richardson and informs him that VA disregarded the Doctors and General Shadley guidance ref: do no harm. Sue requested that the additional ADA violation be added to the 26 other ADA and 1973 Rehabilitation violations. Gary agrees.
  • 56. EEO Process/Program *ADA Rep contacts Voncelle James * EEO SME: Bob Smith and Niki Jones 18 Jan Sue Contacts EEO CC: VA HR, Gen Dunford ADR 24 April 2018 31 Jan 2018 Robert Receive Letter of Reprimand ORM French Bryant & Mr. Ron Burke Informal to Formal 3 Items vs 26 Items Bryant vs Bozgoz FMLA LEAVE Reasonable Accommodation Denied Reasonable Accommodation 17 Jan 2018 Robert emails Voncelle 19 Jan Voncelle Bullies Robert into talking . Report to HR VA Leader Directors Other VA Directors Supervisors HR [Supervisors/Staff/ADA] ORM Informal (French Bryant) EEO/Harassment Coordinator [Mediator] *NOTE: ORM is employed by VA 24 Jan Melvin Gerrett calls investigation for 30 Jan 2018 Warn HR and Melvin Garrett that harassment is against the law Bozgoz Contacts EEO HR HR provides Bozgoz French Browns Bosses Number 2 Feb 2018 HR Office Resolution Management ADA/FMLA Undue Delay ADR to stop Harassment and remove void letter of reprimand Mediation Prove 26 Violation 6 Dec 2016 Harassment 27 Nov 2017 Time and Allowance * Interactive process starts via email 12 Jan 2018 Robert returned from FMLA. Within minutes he Was in another meeting Without his ADA representative
  • 57. . Know the Cause of Actions Comment Race 1981 (300,000 limited does not apply due to racial discrimination) No limitation ($600,000) Under 1981A (Disability, Age, Retaliation) $300,000 Maximum. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). HIPPA/Privacy Act (2 each) (2016 & 2018) $50,000 to $250,000 (3 time – 2016) Willful Violation (KKK) 1983 of Title 42 of USC Code Jury is not entitled to place a monetary value on constitutional rights violations of which was deprived/punitive damage Married/Minority (non Federal Employee) $300,000. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Separate Cause of Action/RICO Son (non government entity) VA caused emotional set back on purpose https://www.youtube.com/watch?v=dbDR_lWmdXo $300,000. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Act. We reserve the right to contact hospital to file complaint and to file a complaint with the MD Medial Board. Attorney’s Fee/Representative ADA and Dr. Price $80,000 Subject Matter Expert Fees (ADA) (24 April) $30,000 Subject Matter Expert Fee (EEO) (24 April) $10,000 Subject Matter Expert Fee (Medical) (24 April) $10,000 ADA Rep (Theresa) /ADA Violation $10,000 (110,000) VA Doctor Falsifying Medical Record RICO (treble damages (damages in triple the amount of actual/compensatory damages). RICO Act: treble damages (damages in triple the amount of actual/compensatory damages). Tremble Damages: must allege (1) that the defendant received money from a pattern of racketeering activity, (2) invested that money in an enterprise, (3) the enterprise affected interstate commerce, and (4) an injury resulting from the investment of racketeering income distinct from an injury caused by the predicate acts themselves.
  • 58. COA 1: Do Nothing COA 2: Expose their crimes to America via leaders, DOD then Writ of Mandamus and Quo Warranto COA 3: DOD Court [sue parent unit and everyone in their individual capacity official capacity] COURSE OF ACTION (COA)
  • 59. Initial May 2018 COA Ref: Relief
  • 60. . COA 1: Relief that would have been available had the matter been heard in court: COA 1 Comment Race Discrimination: 1981 (only applies with Race) No limitation ($600,000). 1981 Punitive Damage awarded when practice is done with malice or with reckless indifference to the federal protected rights • Constructive Discharge • Changes in policies • Manage Training Under 1981A (Disability, Age, Retaliation and etc.) $300,000 Maximum Cap. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). Promote future compliance HIPPA/Privacy Act (2 each) (2016, VA Doctor, 2018) ($150,000 ) Note: $50,000 to $250,000 (3 time – 2016, VA Dr, and 2018) 5-10 years 150,000 Willful Violation (KKK) 1983 of Title 42 of USC Code Jury is not entitled to place a monetary value on constitutional rights violations of which was deprived/punitive damage ($300,000) *Rule 65 of the Federal Rule of Civil Procedure. Allows court to stop retaliation Married/Minority (non Federal Employee) /ADA/Emotional $300,000 (Not Capped) under 42 U.S.C. & 1981 a(b)(1). Separate Cause of Action/RICO Son (non government entity)/Emotional VA Caused a emotional set back on purpose) https://www.youtube.com/watch?v=dbDR_lWmdXo $300,000 (Not Capped). under 42 U.S.C. & 1981 a(b)(1). A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Act. We reserve the right to contact hospital to file complaint and to file a complaint with the MD Medial Board. Transfer to GA at VA expense under ADA Violation law $155,000. Representative ADA (Title 42 Section 126)/ADA and Dr Price $80,000 Expert Fees (ADA) (1981A and 1981) $30,000 Expert Fee (EEO) (1981A and 1981) $10,000 Expert Fee (Medical) (1981A and 1981) $10,000 ADA Rep (Theresa $10,000) /ADA Right ($110,000) $10,000 and $110, 000) VA Doctor Falsifying Medical Record RICO (treble damages (damages in triple the amount of actual/compensatory damages). RICO Act: treble damages (damages in triple the amount of actual/compensatory damages) or Use Solution: Grant Money ($3 Million) to train VA Employees, ORM, and HR on ADA, Counseling, and EEO. Tremble Damages: must allege (1) that the defendant received money from a pattern of racketeering activity, (2) invested that money in an enterprise, (3) the enterprise affected interstate commerce, and (4) an injury resulting from the investment of racketeering income distinct from an injury caused by the predicate acts themselves.
  • 61. . COA #1: Relief that would have been available had the matter been heard in court. • Robert 1981 (600,000)+ 1981A (300,000)+HIPAA (150,000) +Taxes =$1,050,000 • Sue (ADA Rep) KKK 1983 (300,000)+ Emotional/ADA (300,000) +Taxes $600,000 • Austin (ADA) (300,000) +Taxes = $300,000 (https://www.youtube.com/watch?v=dbDR_lWmdXo) • Attorney and Expert Fees: 1981/1981A ($140,000) + Training = $140,000 +$155,000 • Transfer to GA at VA’s expense under ADA violation law ~$150,000 • Robert Returns to work with leave restored • Use Grant Money under 1981/1981A to UDC to ADA/Counseling training • ~3 Million • Hold VA, DOD and everyone accountable in their own individual capacity • Mandatory “tracked” [outside] training [ADA, EEO, Counseling] for all supervisors (Use Grant 3 Million to UDC) • Coordinate with UDC to provide “tracked” counseling to VA employees [student supervised training] [win-win] • Restore leave • Hire special assistant to figure out ORM/EECO process ***We reserve the right to sue RICO and Privacy Act Violations COA 1 RECAP
  • 62. . COA 2: Base Relief on Retirement (22 years with Benefit, $106 X 22 plus benefits promotion and taxes ~2.8 Million) + Expert + UDC training + 3 X s COA 2 Retirement 1981A/1981/ADA/Constructive Termination 2.8 Million + Taxes ADA Representative $300,000 Austin $300,000 Transfer Back to GA under ADA Law $155,000 Attorney’s Fee/Representative ADA 1981A/1918 $80,000 Expert Fees (ADA) 1981A/1981 $30,000 Expert Fee (EEO) 1981A/1981 $10,000 Expert Fee (Medical Nurse) 1981A/1981 $10,000 ADA Rep (Theresa) /ADA and 1981A/1981/Doctor Price $110,000 (Teresa $10,000) Solution: ***1981/1981A Grant Money ($3 Million) to train VA Employees, ORM, and HR on ADA, Counseling, and EEO.
  • 63. . • COA #2: Base Relief on Retirement (22 years with Benefit, $106 X 22 plus benefits, promotion and taxes ~2.8 Million) + ADA Rep, + Son + expert • Attorney and Expert Fees: 1981/1981A ($140,000) + Training = $140,000 • ADA Rep $300,000 • Son $300,000 (https://www.youtube.com/watch?v=dbDR_lWmdXo) • Transfer to GA at VA expense ADA Violation law $155,000 • Use Grant Money under 1981/1981A to UDC to ADA/Counseling training • ~3 Million • Hold VA, DOD and everyone accountable in their own individual capacity • Mandatory “tracked” [outside] training [ADA, EEO, Counseling] for all supervisors (Use Grant 3 Million to UDC) • Coordinate with UDC to provide “tracked” counseling to VA employees [student supervised training] [win-win] • Restore leave • Hire special assistant to figure out ORM/EECO process ***We reserve the right to sue RICO and Privacy Act Violations COA 2 RECAP RECOMMENDATION
  • 64. . COA 3: Relief that would have been available had the matter been heard in court: COA 3 Comment Race 1981 (does not apply) No limitation ($600,000) Under 1981A (Disability, Age, Retaliation) $300,000 Maximum Cap. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). HIPAA/Privacy Act (2 each) (2016 & 2018) $50,000 to $250,000 (3 time – 2016) Willful Violation (KKK) 1983 of Title 42 of USC Code Jury is not entitled to place a monetary value on constitutional rights violations of which was deprived/punitive damage Married/Minority (non Federal Employee) $300,000 Separate Cause of Action/RICO Son (non government entity) $300,000 A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Act. We reserve the right to contact hospital to file complaint and to file a complaint with the MD Medial Board. Attorney’s Fee/Representative ADA $80,000 Expert Fees (ADA) $30,000 Expert Fee (EEO) $10,000 Expert Fee (Medical) $10,000 ADA Rep (Theresa) $10,000 VA Doctor Falsifying Medical Record RICO (treble damages (damages in triple the amount of actual/compensatory damages). RICO Act: treble damages (damages in triple the amount of actual/compensatory damages). Tremble Damages: must allege (1) that the defendant received money from a pattern of racketeering activity, (2) invested that money in an enterprise, (3) the enterprise affected interstate commerce, and (4) an injury resulting from the investment of racketeering income distinct from an injury caused by the predicate acts themselves.
  • 65. . • COA 3: Court • Relief that would have been available had the matter been heard in court (Cause of Action): Hostile work environment based on: (1) Retaliation (11 Jan 2018 & 18 Jan 2018) (*1981A =$300,000 Cap) However, $300,000 Maximum Cap. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). (2) Age Discrimination, Disability, Emotional (*1981A) (3) Race (Caucasian) Discrimination (Unlimited Cap) (4) ADA 1990, Title I, II, III, V, and VII 1981 $300,000 Cap/ADA $55,000/110,000 (5) Rehabilitation Act of 1973 ($300,000) Separate Cause of Action (6) Married disabled veteran (nonfederal) Separate Cause of Action KKK 1983 (Unlimited) (7) Austin/ADA Protected nonfederal) Separate Cause of Action KKK 1983 (Unlimited) (8) Emotional Distress (Willful/Unlimitted) 5-10 Years (9) Privacy Act/HIPPA Law (2016 & RA meeting) ($100,000 to $250,000) (10) VA Doctor falsifying 2016/2018 documents (11) RICO : Treble damages (12) Multiple Press Conferences/Veteran Services Organization/Wounded Warrior Game/Invictus Games COA 3 RECAP
  • 66. COA 1: Relief as per law COA 2: Relief based on Retirement COA 3: Court [VA, DOD and individual capacity and media exposure] COURSE OF ACTION (COA)
  • 68. Items of Violations on EEO Report (Intro) An agency shall accept a complaint from any aggrieved employee or applicant for employment who believes that s/he has been discriminated against by that agency because of race, color, religion, sex, national origin, age or disabling condition. The Commission has long defined an "aggrieved employee" as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994); see also Wildberger v. Small Business Administration, EEOC Request No. 05960761 (October 8, 1998). An agency is required to address EEO complaints only when filed by an individual who has suffered direct, personal deprivation at the hands of the employer; the agency's act must have caused some concrete effect on the aggrieved person's employment status. Quinones v. Department of Defense, EEOC Request No. 05920051 (March 12, 1992). The complaint of discrimination raises the following claim: Whether Complainant was subjected to a hostile work environment based on: (1) Retaliation, (2) age, (3) race (Caucasian), (4) Discrimination based on his disability as a Service Disabled veteran and (4) being married to a minority service disabled veteran as evidenced by the following Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 6 Dec 2016 Retaliation for ADA representative approaching boss about the harassment and unfair treatment ref: telework and indefinite phone duty. 2 weeks later, Rob received bad Report Card due to opposition (3rd Party) Boss ignores ADA Reps request and calls team meeting. In meeting Kendrix allows co- worker to harass Rob in front of peers. Rob says nothing. ADA rep contacts Chief of Staff and Deputy Bradey Terrell. CoS insures Reasonable Accommodations request starts (2018 Voncelle states on tape this action was a management deal. What happened to Rob before her time is not her responsibility. This starts the interactive process/Rob (Oct 2002 Enforcement Guide). VA leads one to believe the interactive process starts when they say it starts. Rob receives RA (Telework, ADA, Med Appoints and Superv) 2016 VA Medical Records (Dr Rashs- and Nurse – Deb ). Emails & Written request. VA Director, Angela Kendrix Chief of Staff, Mike Freul Deputy Chief of Staff Brandey Terrell VA HR Denise Williams VA Doctor Rachsa (RA ) Nurse Deb Jou (RA) Candace and Peers EEO MGT Directive 1614.107 ADA Procedures under Executive Order 13164 requires all exe branch federal agencies institute procedures for processing RA request under Section 501 of the Rehab Act of 1973 Oct 2002 Enforcement Guide ADA 1990 , Title I, II, III, V, & VII, Rehab Act of 1993, Title VII, 501 and 505 of the Rehab Act of 1973. KKK, Title 42 USC 1983 Retaliation against Rob due to ADA contacting command Racially harassed by peers and supervisor EEO law Sections 102 and 103 of the Civil Rights Act of 1991 1981A Cap $300,000. $300,000 Maximum Cap. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). No limits on Race 1991 Race Discrimination ($600,000) and KKK/1983 No limits on Race Discrimination or Under KKK 42 USC 1983 ADA Violation - $55,000 for the first violation and $110,000 there after. Reserve the rights for *RICO Claim -3 Xs Interaction process starts when asked. Rehab Act of 1973 require Fed Agency provide RA to indiv unless cause undue hardship Race Discrimination *Pattern of ongoing discrimination Agency must consider at least as background all relevant evidence offered outside of 45 days *NOTE: No undue delay when Chief of Staff got involved. Kendrix forced to follow the rules/offers mediation ADA refuses. Wants her to simply stop the harassment. 2018 HR states packet missing/ VA Doctor Fab 2016 Medial Documents *RICO **Robert becomes protected under the ADA Acts The opposition clause of Title VII has an “expansive definition,” and “great deference” is given to the EEOC’s interpretation of opposing conduct. As the Supreme Court stated in Crawford v. Metropolitan Government of Nashville and Davidson County, “‘[w]hen an employee communicates to her employer a belief that the employer has engaged in . . . a form of employment
  • 69. Items of Violations on EEO Report (#1) An agency shall accept a complaint from any aggrieved employee or applicant for employment who believes that s/he has been discriminated against by that agency because of race, color, religion, sex, national origin, age or disabling condition. The Commission has long defined an "aggrieved employee" as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. Diaz v. Department of the Air Force, EEOC Request No. 05931049 (April 21, 1994); see also Wildberger v. Small Business Administration, EEOC Request No. 05960761 (October 8, 1998). An agency is required to address EEO complaints only when filed by an individual who has suffered direct, personal deprivation at the hands of the employer; the agency's act must have caused some concrete effect on the aggrieved person's employment status. Quinones v. Department of Defense, EEOC Request No. 05920051 (March 12, 1992). The complaint of discrimination raises the following claim: Whether Complainant was subjected to a hostile work environment based on: (1) Retaliation, (2) age, (3) race (Caucasian), (4) Discrimination based on his disability as a Service Disabled veteran and (4) being married to a minority service disabled veteran as evidenced by the following Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 27 Nov 2017 Time and Attendance Abuse of Power Supervisor gave leave then took it back. Once ADA rep sent an email, Supervisor gave Robert partial leave and then invited ADA Rep to talk (See Email) Voncelle James Angela Kendrix EEO Manage Directives EEO MD 110 Title I, II, VII of the Civil Rights Act of 1964, the ADEA, Title V of the ADA, Section 501 of the Rehab Act (501), the EPA ADA KKK 42 USC 1983 Sec 501 of the Rehab Act 1973 prohibits discrimination against qualified individual with disabilities with respect all terms, conditions and privileges of employment. This law also require covered employees to make RA absent undue hardship. Title III, Public Accommodations. 504 (Gov’t Programs and activities) EEO law Sections 102 and 103 of the Civil Rights Act of 1991 1981A Cap $300,000. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). No limits on Race 1991 Race Discrimination ($600,000) and KKK/1983 No limits on Race Discrimination or Under KKK 42 USC 1983 ADA Violation - $55,000 for the first violation and $110,000 there after. Reserve the right for *RICO Claim -3 Xs Establishing a pattern. Agency must consider at least as background all relevant evidence offered outside of 45 days . This was the time (if VJ [really did not coordinate with Angela Kindrex located one door away from her office] should have researched the status of Robert as a supervisor she has a responsibility to learn.
  • 70. Items of Violations on EEO Report (#2) Date Claim Action Responsible Parties Regulations Prohibited by Fine Comments Following Claim addresses the additional ADA prohibition of “interference” with the exercise of rights under the ADA. The interference provision goes beyond the retaliation prohibition to make it also unlawful to coerce, intimidate, threaten, or otherwise interfere with an individual’s exercise of any right under the ADA, or with an individual who is assisting another to exercise ADA rights. 11 Jan 2018 UNFAIR TREATMENT FOR EXPRESS OPPOSITION TO DISCRIMINATORY PRACTICE/REPRISAL Interference with ADA law In response to VJ denial email, the Complainant questioned VJ unfair discriminatory email [treatment as he was singled out]. VJ. Ignored the complainant. Voncelle James Angela Kindrex WITNESSES: Candace, Theresa Davis EEOC Enforcement Guidance on Retaliation and Related Issues 2016 REHAB ACT OF 1973, [501 and 505] UNFAIR TREATMENT FOR EXPRESS OPPOSITION TO DISCRIMINATORY PRACTICE/REPRISAL Title VII of the Civil Rights Act of 1964 (Title VII), 5 the Age Discrimination, Section 704(a) of Title VII, 42 U.S.C. § 2000e–3(a), Title V of the Americans with Disabilities Act (ADA),7 Section 501 of the Rehabilitation Act (Section 501),8 the Equal Pay Act (EPA), 9 Section 4(d) of the ADEA, 29 U.S.C. § 623(d), Section 503 of the ADA, 42 U.S.C. § 12203 Retaliation: CAP $300,00 1990 ADA $55,000for the initial Claim and $100,000. Willful harassment among VA employee starts after 12 Jan PROTECTED: The first question when analyzing a claim that a materially adverse action was retaliatory is whether there was an earlier complaint or other EEO activity that is protected by the law (known as “protected activity”). Protected activity includes “participating” in an EEO process or “opposing” discrimination. These two types of protected activity arise directly from two distinct statutory retaliation clauses that differ in scope. Participation in an EEO process is more narrowly defined to refer specifically to raising a claim, testifying, assisting or participating in any manner in an investigation, proceeding or hearing under the EEO laws, but it is very broadly protected. By contrast, opposition activity encompasses a broader range of activity by which an individual opposes any practice made unlawful by the EEO statutes. The protection for opposition is limited, however, to those individuals who act with a reasonable good faith belief that a potential EEO violation exists and who act in a reasonable manner to oppose it. Okoli v. City of Balt., 648 F.3d 216, 224 (4th Cir. 2011) (ruling that it was sufficient to constitute “opposition” that plaintiff complained about “harassment” and described some facts about the sexual behavior in the workplace. EEOC v. Go Daddy Software, Inc., 581 F.3d 951, 964 (9th Cir. 2009) (holding that allegations need not have identified all incidents of the discriminatory behavior complained of to constitute opposition because “a complaint about one or more of the comments is protected behavior”); Ogden v. Wax Works, Inc., 214 F.3d 999, 1007 (8th Cir. 2000) (ruling that reasonable jury could conclude plaintiff “opposed discriminatory conduct” when she told her harasser, who was also her supervisor, to stop harassing her). 40 1 B. Lindemann, P. Grossman, & C. Weirich, Employment Discrimination Law 15–20 (5th ed. 2012)
  • 71. Items of Violations on EEO Report (#3) Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments PROTECTED: The first question when analyzing a claim that a materially adverse action was retaliatory is whether there was an earlier complaint or other EEO activity that is protected by the law (known as “protected activity”). Protected activity includes “participating” in an EEO process or “opposing” discrimination. These two types of protected activity arise directly from two distinct statutory retaliation clauses that differ in scope. Participation in an EEO process is more narrowly defined to refer specifically to raising a claim, testifying, assisting or participating in any manner in an investigation, proceeding or hearing under the EEO laws, but it is very broadly protected. By contrast, opposition activity encompasses a broader range of activity by which an individual opposes any practice made unlawful by the EEO statutes. The protection for opposition is limited, however, to those individuals who act with a reasonable good faith belief that a potential EEO violation exists and who act in a reasonable manner to oppose it. 12 Jan 2018 Refusal to meet with ADA Rep and Discuss issue [Protected] Complainants ask VJ for HR representative’s information due to 11 and 12 January incident via email. VJ responds to Complainant with HR [Mr. Brown’s] email. *This is significant information because it proves VJ knows Complainant is interested in filing an EEO complaint. *This action caused the Complainant’s disability to worsen as the Supervisor failed to resolve the issue REPRISAL/ADA VIOLATION VJ agrees to meet with Complainant at 2:45. However, when complainant initiates ADA protection rights, VJ denies representation and cancels the scheduled meeting: (1) after the ADA representative arrives (2) and while supervisor, Angela Kendrix watches and (3) in the presence of Teresa Davis. Supervisor Actions constitutes intereferance in violation od ADA Voncelle James Angela Kindrex WITNESSES: Candace, Theresa Davis Rob Questions Authority/Superv. Action via email that denies. PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause 1990 ADA Interference Provision. ADA prohibits interference with the exercise or enjoyment of ADA right Title 42 USC 1223(b) Brown vs. City of Tucson, 336 F3d 1181 (9th Cir. 2003) Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Voncelle James Angela Kendrix 17 and 18 Jan 2018 Unfair treatment for express opposition to discriminatory (3rd Party) ADA sends email to Kevin Brown, HR and [General Dunford] to informs them EEO complaint will be submitted due to 11 and 12 Jan issue and how she made Rob feel . Ask for protection. Failed to protect Rob from harassment. Informed VJ. HR, Kevin Brown Voncelle James Angela Kendrix PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause ADA Violation – Interference 198 A, $300,000 Cap/Punitive Damages 1981 Unlimited 1983, KKK Jury Unlimited ADA Violation $55,000 first violation, $100,000 there after RICO 3X Voncelle James Angela Kendrix Reserve the right to file RICO
  • 72. Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 19 Jan VJ directs Rob to come to her office and willfully harasses him. REPRISAL/ADA VIOLATION Harssment ADA Interference VJ directs Robert to come to her office and sit across from her in an effort to remind him who is boss. VJ directors Robert to her about 11 and 12 Jan. VJ calls Robert into her office and orders him to speak to her abut 11 and 12 Jan issue. Robert refuses as VJ become frustrated Robert refuses as he informs her that he reserves his right not to say anything to her [as there was an EEO complaint filed against her]. VJ informs Robert 4Xs to speak. Robert reminds her that he was there to listen and she will talk to him in such a manner when he knows his rights. Voncelle James Angela Kindrex PROTECTED PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause 1990 ADA Interference Provision. ADA prohibits interference with the exercise or enjoyment of ADA right Title 42 USC 1223(b) Brown vs. City of Tucson, 336 F3d 1181 (9th Cir. 2003) Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Voncelle James knows willfully violates the ADA law without fear. 24 Jan 2018 VJ and Angela Kendrix coordinates with Melvin Garrett to investigate Robert with internal investigation Melvin Gerrett coordinates an interagency investigation with Robert which is be design to intimidate and oppress him. Melvin Gerrett Voncelle James Angela Kendrix PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Warned Melvin that retaliation and harassment were against the law.
  • 73. Date Claim (Must State a claim) Action Responsible Parties Regulations Prohibited by Fine Comments 30 Jan 2018 Willful Harrssment Melvin Gerrett met with Robert in person in his office to harass him. Had him sign the same documents that was previously signed and remind him he could be held accountable for not cooperating in the VOID investigation Melvin Gettett PROTECTED ADA/Reprisial Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap. ADA, $55,000 for the initial violation and $110,000 Willful harassment. Melvin Gerrette called a fake meeting and informed both Rob and Sue that they would receive a copy of the final investigation. As of date, no report. He wasted both our times. 31 Jan 2018 Supervisor gives Robert a void Letter of Reprimand VJ knows she is not authorized to give Robert a letter of reprimand as she is not a director. According to HR and VA rules, one must be a director, provide a warning first and etc. Voncelle James and HR Karen Agee PROETCTED Interference of ADA Reprisal: $300,000 Cap 1981 A. However,.Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap. ADA, $55,000 for the initial violation and $110,000 Willful Harassment 2 Feb 2018 ADA Rep Contacts HR and attempts to call EEOC Rep, French Bryant and report retaliation. Fraud waste and abuse of tax payers funds. VJ is not rained and willfully harassing Robert. Brown informs ADA that he violated the privacy act and lost Robert’s ADA records, therefore we need to reassemble his ADA records. Kenvin Brown, informs Bozgoz that Gary is French Bryant’s boss. Conact Gary and report EEOC Protect Privacy Act ADA Violation Privacy Act ADA representative attempting to get Robert out of the toxic area. Contact VA Doctor Rasha and inform her to resend VA Robert 2016 RA. Dr Rasha ignores request. 6 Feb 2018 Reprisal/ADA Complaint filed against VJ for issuing void letter of reprimands. Voncelle denies it (policy needs to change here. Voncelle James ADA Interference KKK Ac 1983 NO Cap Willful abuse. Fraud, waste and abuse of taxpayers money.
  • 74. Date Claim Action Responsible Parties Prohibited by Fine Comments 15 Feb 2018 Reprisal/ADA Fraud waste and abuse of power and tax payers money [lack of training]. ORM informs ADA Rep VJ wants to mediate but refuses to remove the void letter of reprimand from Robs personal file. Problem: Congress give appropriate funds to: HR, VJ and ORM. If the VA policy states VJ needs to be trained why are people in leadership allowing her to run wild and play with lives? ORM informs ADA Rep the VJ refused to remove Void order and if we mediate, they wont remove reprimand. ADA request VJ recognizes. Neg Response VJ Angela Kendrix French Bryant Kevin Brown Karen Agee Congress. Fraud waste and abuse ADA Interference . Clear policies, rules, and regulations are being broken. Interfere with ADA Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Start questioning VA’s practices. 16 Feb, 2018 Interference of ADA rights. Retaliation (3rd Party). Punishes Robert by calling him into her office again. Ignores RA Abuse of authority and lack of training. Voncelle James calls Robert into her office, ask him to locate the original Letter of Reprimand. They ask him to sign her the grievance which she denied. VJ Angela Kendrix Rehab Act of 1973 [501 and 505] PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 VJ calls Robert in again without ADA rep. 19 Feb, 2018 Unfair treatment due to express opposition to discrimination practice/reprisal on third party. Fraud waste and abuse ADA calls Chief of Staff, Under Sec and Deputy and Demand that they investigate VJ and her willful Federal law violations. Called Secretary, Chrystal Brooks. Left a message (emergency). Chrystal said the Chief was in a meeting and he might call back. Chief never called. Called Under Sec and Sec Sec Under Sec Chief Deputy Chrystal Brooks Rehab Act of 1973 [501 and 505] PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. However, Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). KKK, 1983 No Cap ADA, $55,000 for the initial violation and $110,000 Under Sec Chief of Staff, Frueh Assist Chief of Staff, Terrell Voncelle Angela
  • 75. Date Claim Action Responsible Party Prohibited by Fine Comments 20 Feb 2018 Retaliation from Under Sec Under Sec request more information for Robert then stops! Direction of Duty Under Sec PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Supervisor can not violate: Merit System Principles and or the Personal Practice Reprisal: $300,000 Cap 1981 A. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap 21 Feb 2018 ADA interference and Retaliation HR refuses to find 2016 document. ADA rep assembles suppl documents VJ Angela Kendrix Kevin Brown 1981 A. Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap 21 Feb 2018 ADA Interference VA Doctor Fab RA ADA fires VA Doctor for fabricating medical Records VA Doctor Privacy Act Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap 21 Feb 2018 ADA interference and retaliation Stress taking toll on Austin/Breaks down/Dr called VA & Command Kevin Brown VJ Angela Kendrix New Doctors assist Rob as the stress has affected his family. Doctor 1981A Cap $300,000 RICO ACT (3Xs) KKK 1983 22 Feb 2018 Retaliation HR refuses to expedite RA/File FMLA to protect Rob from area HR VJ Angela Kendrix EEO Counselor provides his example of EEO complaint. Bozgoz updates it afert 2nd day and sends to command and EEO rep. Everyone ignores the complaint 1981A Cap $300,000 RICO ACT (3Xs) KKK 1983 22 Feb 2018 Reach out to General Dunford, Shadley and Honore VA/HR VJ and Angela kendrix Rehabilitation Act/Undue Delay $300,000 Punitive Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages KKK, 1983 No Cap
  • 76. Date Claim Action Responsible Party Prohibited by Fine Comments March 2018 Retaliation Rob returns from FMLA and VJ calls him into her office and refuses ADA rep. ADA rep finds Theresa to act as ADA rep VJ Kevin Brown Karen Agees Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Son and Wife’s PTSD is triggered. Doctor Price inform the Bozgozes that if she thought VA was going to harass him she would not have sent him back to work. She updated his FMLA documents for a year and said VA’s work area is toxic with VJ. She recommends that he stay away as their goal is to break him without regards. March 2018 ADA interference Attend RA meeting with VA HR Superv, Karen Agee and Kevin Brown HR wanted us to tell the doctor to redo RA and take out harassment. VA Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Reprisal: $300,000 Cap 1981 A. Damages under 42 U.S.C. & 1981 a(b)(1). Eligibility for punitive damages depends on the state of mind the leadership were in, Kolstad v Am. Dental Ass’n, 527 US 526, 535 (1999). Once HR Supervisor left to meeting. Kevin Brown informed ADA that higher is involved in our process and to be nice and I might get what Robert wants. ADA rep informed HR rep to do his job and stop wasting tax payers money. March 2018 ADA interference and retaliation ADA Rep ask for RA update. VA refuses to update. VA wants doctor to change VA & Command Kevin Brown VJ Angela Kendrix PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause VA wants Doctor price to redo her paper work to erase what she wrote on the FMLA document and RA document. Dr Price is concen. Ask Robert to consider leaving VA. 29 Mar 2018 Mr. Burke request interested in mediation. Mediation coordinate for 24 April then cancelled by VA after team assembled Mr. Burke Mediation Schedule for 24 April team prepares and 3 days before the meeting, VA cancels meeing.
  • 77. Date Claim Action Responsible Party Prohibited by Fine Comments April 2018 Retaliation Rob returns from FMLA and VJ calls him into her office and refuses ADA rep. ADA rep finds Theresa to act as ADA rep VJ Kevin Brown Karen Agees Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause Son and Wife’s PTSD is triggered. Doctor Price inform the Bozgozes that if she thought VA was going to harass him she would not have sent him back to work. She updated his FMLA documents for a year and said VA’s work area is toxic with VJ. She recommends that he stay away as their goal is to break him without regards. April 2018 RA Meeting with ADA interference Undue delay Taped VJ and Chris in meeting giving wrong information. VJ is the trigger but Chris W V/J April 2018 Privacy Act Violation ADA Rep provided 2016 Medical Documents to Chris to add to his files. Chris leave documents on table after General Shadley askes him and VJ to do the right thing by focusing on the victim. Chris Privacy Act $250,000 and 5 years in prison April 2018 Undue Delay Of Reasonable Accommodations. After the RA meeting, VJ disregarded the doctors advise and made RA that was not effective. As of date, Rob is staying home on FMLA as per doctors orders. VJ Chris ADA interference PROTECTED: Whistle Blower Protection Act. 5 USC &2302(b)(8) Freedom of Reprisal: 29 CFR &1614.101(b) Title 7 of the Civil Rights Act/aniti retaliation provision/opposition clause ADA VJ has made this personal.
  • 78. SCREENING CRITERIA • Each Claim must be proven to cause harm. If this can be done, it has standing in court and relief is due • The answer is yes or no • The screening criteria must tie back to the facts
  • 79. . SURVIVING COAs COA 1 (Relief as per law ) COA 2 (Relief based on Retirement) COA 3 (Court [VA, DOD and individual capacity] and exposure)
  • 80. EVALUATION CRITERIA #1 • Short Title: RELIEF AS PER LAW • Definition: THE TOTAL COST REQUIRED TO Relief that would have been available had the matter been heard in court as per employment arbitration rules/mediation procedures. • Unit of Measure: MEASURED IN DOLLARS • Benchmark: What ever can be proven • Formula: MORE IS BETER • WEIGHT: 5.20
  • 81. EVALUATION CRITERIA #2 • Short Title: PUBLIC TRUST • Definition: What was briefed to Congress vs. Reality • Unit of Measure: MEASURED WHAT CAN BE PROVEN REF: REGULATIONS VIOLATIONS • Benchmark: VOID ACTIONS • Formula: LESS IS BETTER • WEIGHT: 12
  • 82. EVALUATION CRITERIA #3 • Short Title: RELIEF AS PER RETIREMENT • Definition: THE TOTAL COST OF BOZGOZED HEALTH as per Empirical Data, OSHA and Doctors guidance • Unit of Measure: MEASURED IN DOLLARS • Benchmark: State of mind/Emotional Health • Formula: MORE IS BETER • WEIGHT: 10
  • 83. WHAT MAKES GOOD CRITERIA Based on Federal Law •Preference is for objective numerical count •Compare COA to standard, SOPS, REGULATIONS – not COAs against each other •Established SOP or doctrine based Measurable Standard •Cost, time, speed, distance, span of control, flexibility, emotional stress caused to family etc. Evaluates quality of COA •Reasoning – leader applies personal experience, training, public interest •Historical Data – based on what has been known to happen •Current Allocation – existing conditions •Averaging – mathematical average of remaining COAs - least preferred method Benchmark must be based in
  • 84. ANALYSIS OF COA#1 VA SLIDE • ADVANTAGES • Cost: $____________ • Emotional Harassment for Robert, Sue and Austin Stops • Damage [indirectly and directly] Stops • Everyone moves forward • VA gets training and opportunity to repair the issues. • DISADVANTAGES • Robert will continue to work inspite of doctor’s advice • Prison time for violations
  • 85. ANALYSIS OF COA#2 VA SLIDE • ADVANTAGES • Cost: $____________ • Emotional Harassment for Robert, Sue and Austin Stops • Damage Stops • Everyone moves forward • VA gets training VA gets training and opportunity to repair the issues. • DISADVANTAGES • Win/Win
  • 86. ANALYSIS OF COA#3 VA SLIDE • ADVANTAGES • Cost: $____________ • Emotional Harassment for Robert, Sue and Austin Stops • Damage Stops • Everyone moves forward • VA gets training • DISADVANTAGES • Media Attention • Public Trust Violations • More fines, imprisonment, longer time
  • 88. CONCLUSION • COA 2 - is a win-win. Although it is more expensive this entire journey would allow everyone to move forward. The damage is done and a solution has been offered so this does not happen again. • COA 3 –Public Trust issue is brought to light and All members [DOD and VA] must answer.
  • 89. SOLUTION COA 2 & 3 – QUO WARRANTO
  • 90. • On 9 May 2018, VA’s attorney, Judy Valois informed us that VA decided not to settle as they needed more time [to retaliate]. Over 200 acceptable civil rights violations are found in the transmittal record and over 200 civil rights violations are found in district court as they continue to retaliate, gaslight and violate our rights against the WESTFALL ACT. BLUF: DOJ could not touch our case. Their goal is to not give us relief, put us in jail using fake peace orders, pawns, courts and etc. See DOJ’s fake response. Note the 9 fake claims that DOJ and Judge Amy B. Jackson obtained from the transmittal record. This means they always knew the truth and abused us for the hell of it.
  • 91. Prohibited Personnel Practices • Those things a Federal employee with personnel authority may not do. A federal employee has personnel authority if they can take, direct others to take, recommend, or approve any personnel action. This includes appointments, or any decisions concerning pay, benefits, and training. • People with personnel authority- managers and supervisors –are charged with avoiding prohibited personnel practices • Prohibited Personnel Practices are: • Illegally discriminate for or against any employee • Solicit or consider improper employment recommendation • Coerce an employee’s political activity • Obstruct a person’s right to compete for employment • Influence any person to withdraw from competition • Give unauthorized preference or improper advantage
  • 92. Prohibited Personnel Practices (Continued) • Employ or promote a relative • Retaliate against a whistleblower • Retaliate against employees or applicants for filing an appeal • Unlawfully discriminate for off duty conduct • Knowing violate veteran’s preference requirements • Violate any law, rule or regulation which implements or directly concerns the merit principle.
  • 93. Title 29 of the Code of Fed Reg guarantees freedom of reprisal Individual must show the elements of proof that must be stablished for a claim of whistleblower reprisal. First the individual must show that the information they provided falls under the categories of disclosure that are protected under 5 US Code 2302 Second- the individual must show that a personnel action was taken, not taken, or was threatened as a result of the disclosure. Third- the individual must show they had actual or constructive knowledge of the protected disclosure. And Fourth- the individual must show that the protected disclosure was a contributing factor in the personnel action.
  • 94. Title 7 of the Civil Rights Act • Unlawful to discriminate against an individual because he or she has opposed any practice that has been made unlawful • A complain amounts to protected opposition only if an individual explicitly or implicitly communicates a belief that the practice constitutes unlawful employment discrimination • Title 7 anti-retaliation provision’s opposition clause makes it unlawful for an employer to discriminate against any employee because he or she has opposed any practice made unlawful • The opposition clause does not require the individual be correct in their belief that the agency’s employment practice they opposed actually was unlawful. The opposition clause protects the individual provided that they had a good faith and reasonable belief that a violation of the EEO statutes had or was occurring.
  • 95. •Reoccurring Issues (Human Rights Violations) • Issue has become personal •It is designed to willfully harm vs. heal •Reasonable person (e.g., General Shadley, General Honore, General Dunford & Staff, Robert’s doctors, and the public, congress) would say, “If VA is doing this to their own service-disabled veterans & employees, who else are they doing this to? (1) other veterans, Theresa D., Candace, Theresa M., Kim, Leah B. [conduct command climate] and etc). •Contradicts what VA announces to congress and in the news. ASSUMPTIONS Bearing on the Facts
  • 96. Know who you are dealing with- We went to the supreme court and baby clerks signed orders
  • 97.
  • 98. Reoccurring issue across the board or “THE DEEP STATE’s GAME is alteration of records 18 USC 1506 violation without fear. We discovered that everyone (e.g., judges, sheriff’s department, attorneys, clerks, prosecutors, ADA Clerks and etc) has/have no problem lying on government documents until everyone is in CRIMINAL COURT. Once is in the CRIMINAL COURT ROOM THE PLAINTIFF MUST SHOW SUBJECT MATTER JURISDICTION/ SUFFICIENCY OF PLEADING BUT they can’t. THEREFORE, the criminal judge, prosecutor and etc attempts to lie, gaslight and or throw out the case. NOTE: THE JUDGE does not give an order or does not signed the void order. Concern: THE DAYS YOU SPEND PAYING FOR JUSTICE, CLEARING YOUR NAME OFF PUBLIC RECORD, FUNERAL MISSED and etc lost, nobody is held accountable.
  • 99. Altering and writing void order is a crime – Why isn’t anyone in jail?
  • 100.
  • 101. The games the courts play when they don’t establish Subject Matter Jurisdiction – Pay attention to detail
  • 102. Example of how the courts play Americans and dont establish SMJ [using our real time RICO/Crimes Against Humanity case] (a) Aunty Evalani Yockman and Washington State (b) Sue and Robert VS VA/DC/MD (c) Jeff Blochowicz (d) Luanne and Lee’s Hillsborough/Tampa, FL (d) Brad vs Hillsborough/Tampa, FL (e) Darryl Brooks
  • 103. CASE #1 Aunty Evalani Yockman and Washington State
  • 104. Background My ADA Client, Aunty Nana was a passenger in a para-trans. The driver did not buckle her into her wheelchair. The driver sped, turned the corner and My Auny Nana flew out of her wheelchair and broke her neck. The driver refused to take her to the fire department or hospital until they arrived at her house. She convinced the driver to call her daughter and his boss. He took her to the hospital. Left her in the parking lot for dead. My aunt never walked against, never returned home again and later died. When we went to court, the Judge and Zurich’s attorneys tried to fake SMJ.
  • 105. CASE #1 Aunty Evalani Yockman and Washington State The Judge and Clerks did the following to pretend SMJ/Sufficiency of Pleading: (1) Coordinated court via phone. I was on phone in Maryland as an ADA Rep for my cousin everyone else (e.g., Judge, Clerks, Defendant s: Zurich and Para-trans drive and Zurich’s attorneys (Leslie and her Boss) would be in court. (2) To protect our interest, I had my family in Washington State show up. I did not tell the court that they was coming. When Zurich’s attorneys saw the family, they ran out of the courtroom with their phones. (3) Once the court started, I announced on the phone that I was present. The Judge recorded my voice then hung up the phone on me. Once this happened, TREASON IS HAPPENING. (4) The Attorney testified for Zurich and the Paratrans driver. (Attorneys never testify) (5) The Judge then told my cousin and family that he does not make the laws and he had to dismiss my Aunty Nana’s 1983 KKK, ADA Violation and Wrongful Death case against Zurich. (6) The Judge then (1) Signed a void order as if I was really there in court, (2) told me to pay for Zurich attorney’s time, (3) had an ex parte meeting and lied on a false order which meant we had two order. On the second order the Judge said my cousin and I were there in the courtroom with the defendant and SMJ had been established. (7) I paid for a reconsideration hearing and protested his void order. The judge said he did not care while Zurich’s attorney (LESLIE) ran in the hallway once she saw in court. (8) Once we received the court tape, we discovered it was erased ref: When the Judge said, “I don’t care how many times you give me past precedence, I am going to deny her case every time. (9) When I took it higher the court of appeals and district court took my money and played the delay, deny, wait until you die game.
  • 106. Proof of fraud, waste and abuse and TREASON in Washington, STATE Courts (STATE, DISTRICT AND COURT OF APPEALS)
  • 107. They work together and cover for each other
  • 108.
  • 109. 18 USC 1506 – Theft/alteration of records
  • 110.
  • 111.
  • 112.
  • 113.
  • 114. This is the minute order the Judge, Clerk and Zurich fabricated
  • 115. Issue: Face of the order is wrong. (1) The defendants were not present. (2) SMJ was not established, therefore the Judge did not have authority to dismiss it. (3) This was a second order not signed. (4) The clerk did not sign the order or stamp it (5) This is a minute fake order (6) The judge is not allowed to dismiss a 1983 KKK case when relief is due
  • 116.
  • 117. Issue: The judge dismiss the case because he said I was not an attorney.
  • 118. Proof I had a right to represent my Aunty Nana’s case provided to Zurich and the courts
  • 119.
  • 120. The initial wrongful death claim
  • 121.
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  • 125.
  • 126.
  • 128.
  • 129.
  • 130. Issue with CASE #1 Ref: Subject Matter Jurisdiction
  • 131. When Subject Matter Jurisdiction is challenged, the person who submitted the motion to dismiss the 1983 KKK, ADA violation, and wrongful death case must prove SMJ. Think of a table: 4 things need to be in the courtroom when SMJ is challenged (2 legs- opposing parties, (1 leg) competent fact witness, (1 leg) SMJ/why are you there? Why do they want to dismiss a wrongful death, 1983 KKK with merit and etc? Issue: (1) Defendant was not in the court room (Zurich and the para-trans driver). However, my family and Nalanie were. (2) The Plaintiffs (ADA Representative). They allowed me to state my name before they hung up the phone. They later signed my name as if I agreed to the fake order. (3) Competent fact witness (para-trans driver and Aunty Nana). My Aunty Nana is dead and the driver or Zurich did not appear (4) Zurich’s Attorney Lesley testified. Attorneys cannot testify in court EVER. Why? Because they lie. (5) They (Lesley) said she wanted to dismiss the case because I was an ADA Advocate vs an Attorney. (6) Clerks lie and alter records (7) They use bailiffs to try to intimidate you, journalist and etc (8) Spent thousands of dollars ref: Reconsideration hearing, administrative trickery, issuing summons, Court of Appeal, District Court and etc. All of them are covering for each other. They take your money and alter records, electronic filings and lie, cheat and steal.
  • 132. CASE #2 Sue, Austin and Robert’s case, DC, MD and at the VA HQ
  • 133. Background Robert filed an EEOC complaint at VA HQ in Washington, DC. During the process, we found fraud, waste abuse at every turn in the EEOC process. We refused to have ORM touch the EEOC investigation and requested outside support, POST OFFICE, Dr. Kline and Gail Leary. During the Post Office EEOC investigation, learned that VA hired the Post Office and the EEOC Judge to fake the EEOC investigation while VA retaliated against Robert. VA went into our medical records and exacerbated Robert’s condition, denied RA FMLA leave, denied an OSHA investigate, denied Robert’s board-certified doctors order and ordered Robert back to work on 18 Jun on 14 Aug Robert suffered a stroke. They quickly tried to pad his files with fake letter of reprimand, 5 days suspension for them (Voncelle James) causing the stroke, denied Robert’s benefits, Denied my PTSD claim until I fronted them ref: going into my family’s records under the name of Cindy Boyd. While Robert recovered from his stroke, Austin and I filed in district court under the zone of interest. We requested ADA Reasonable Accommodation from Judge Amy B. Jackson on 29 Jan 2019. We wanted the case expedite because we won our EEOC case in May 2018, however, VA (attorneys in building 810 and Second HQ’s VA rep, Judy Valois from Sarasota, FL, said they could not settle [in May] because they were not done abusing us yet. We could prove over 200 claims (Human rights violation found in transmittal record). Because of the Westfall Act the Attorneys in building 810 flew Judy Valois for mediation. They had their team and I we had our team. Once VA said, they were not settling, we asked District court to settle as we knew no attorney could touch our case. However, Judge Amy B. Jackson (1) Ignored RA, (2) Allowed DOJ Fred Haynes go into our records and deny RA, (3) Had her clerk our house and tell us not to issue the summons until VA ordered Robert back to work so they could fire him, (4) set us up using Voncelle James, (5) Sheriff’s Department, (6) Fake peace order, (7) MD Courts (state, de novo, and criminal court), (8) prosecutors, and other agencies, (9) DOJ, (10) Judge Randolph Moss and etc. During fake criminal court Voncelle James appeared in Court. Both Prosecutors informed us that they knew nothing about our case while Judge Rand Gaslit us and the Attorneys in Building 810 screamed, OH FUCK. Why? Because they are busted. They cannot establish SMJ.
  • 134. CASE #2 Sue, Austin and Robert’s Case ref: SMJ The Judge, Prosecutor and Clerks did the following to pretend SMJ/Sufficiency of Pleading: (1) Said oh shit because we appeared in court to prove everyone was involved a RICO/ 18 USC 1341 crime to include the Criminal Judge, Prosecutor and etc. (2) Judge Rand and the Prosecutor had the nerve to play us thinking we did not know our rights. We played along so we could capture everyone on tape as we were setting them up. They did the following: (3) Wasted tax dollars (4) Denied ADA Reasonable Accommodations (5) The Prosecutors told us that they knew nothing about our case (6) Judge Rand got PTSD and was rude by: (1) Ignoring our ADA Advocate, Christopher King (2) Ordered Robert not to issue Voncelle James any motions and etc (3) Issued a fake unsigned order (4) Did not or could not establish SMJ because…
  • 135. Why VA Attorneys, VA Leaders and Pawn Vocelle James could not establish SMJ/Sufficiency of pleading
  • 136. In order to establish SMJ 4 things need to be in the court room. 1. Plaintiff: Voncelle James 2. Defendant: Robert 3. Competent Fact Witness: Christopher King (Our ADA Advocate, Attorney and Journalist) 4. Reason why we were there: Voncelle James said on the record that DOJ, Attorneys in building 810 and Amy Jackson needed the fake peace order to help her should our higher court case against them goes to trial, However, Voncelle James perjured herself on the fake police report, fake peace order and fake criminal records. On her perjured documents VJ said the following: a) POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. b) PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons c) CRIMINAL Report dated 9 June: In order to get us into criminal court, VJ stated we were criminals because we violated the 6 June void peace order. She took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email • .
  • 137. Issue with VA, VA Leaders and Voncelle establishing SMJ using perjured document during criminal court 1. Everyone is involved (RICO, 18 USC 1341 and 42 USC 1986 violation) as we told everyone to stop before we went to Kangaroo Court. Everyone knew VJ had perjured herself and did not/could not win in fake criminal court using perjured documents. Furthermore, everyone knew we paid for a DE NOVO hearing in Sep. At the De novo hearing, Judge Dwyer told everyone in court that Voncelle James fake peace order goes away. Therefore, she could not take us to criminal court in November. a) VJ POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. We have the truth on the record. This proves VJ is a liar with the support of VA leaders, Attorneys in Building 810 and MD court. This is a RICO, 42 USC 1342, 18 USC 241, 242, 1983 KKK, 18 USC 1506, 42 USC 1985, 42 USC 1986 and etc. b) VJ PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons. This significant because you cannot give a peace order to anyone who is doing anything legal. Also Robert and I are ADA Advocates, it is a felony to retaliated against ADA Advocates. Furthermore, VJ stated on the record that DOJ, the Attorneys in Building 810 told her that she needed the peace order to dismiss our higher court case against them which is another crime. c) JV CRIMINAL Report dated 9 June: In order to get us into FAKE KANGAROO CRIMINLAL COURT VJ stated we were criminals because we violated the 6 June void peace order. Voncele James took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email.
  • 138. Comments ref Case #2: Case #2 shows illegal retaliation. This is a recurring issue with the Justice System, VA, DOJ, Attorneys, Prosecutors, Judges, ADA Court Clerks, Commissioners, setting Americans, Whistleblowers and etc up. Issue: If you don’t know how to protect yourself against these criminals, you WILL go to jail as their goal is to discredit the whistleblower on public record.
  • 139. CASE #3 Jeff’s case, Augusta, GA
  • 140. Background Jeff is a GS11 Nurse and whistleblower who discovered VA Leaders in AUGUSTA, GA had a 7.3 million slush fund. They (VA LEADERS) were stealing from dead veterans and dead VA doctors. When Jeff reported this crime, VA Leaders and Attorneys set Jeff up. They said Jeff had killed a Veteran who was in the hospital. Jeff went through a DAB and was found innocent. Once Jeff was found innocent, the Augusta Sheriff’s Deputies entered a Federal Building and arrested Jeff for the same issue. The Augusta Sheriff’s Deputies put Jeff in jail, then hired 2 inmates to beat Jeff up. NOTE: Jeff is on the DARPA super soldier program, therefore, Jeff harmed these men. To punish Jeff further, the Augusta, GA court, Jeff’s Attorney which VA paid, prosecutor, and Judge required Jeff to report to court every month for 6 years without giving Jeff an order. When Robert and I visited Jeff during his hearing in Jan, we discovered SMJ was not established and the Judge, States Attorney, Jeff’s Attorney and the Prosecutor were playing Kangaroo court. The prosecutor or the defendant were not present in the courtroom. The states attorney, Judge and Jeff’s attorneys were playing. NOTE: Attorneys cannot testiy.
  • 141. CASE #3 Jeff’s case ref: SMJ
  • 142. Why Augusta GA Judge, Prosecutor and Jeff’s attorney could not establish SMJ/Sufficiency of pleading
  • 143. In order to establish SMJ 4 things need to be in the court room. 1. Plaintiff: Not present (VA) Prosecutor was also not present. GA State’s attorney was allowed to testify for the Plaintiff. 2. Defendant: Jeff. 3. Competent fact Witness: VA not present NOTE: Jeff was found innocent in a DAB but was forced to go to fake Kangaroo Court 4. Reason why Jeff was there: Retaliation. Jeff was led to believe that he had to attend court every month, otherwise they would arrest him.
  • 144. Solution: Quo Warranto The Quo Warranto forced the Judges in GA to wake up and recuse themselves and fire: (1) The Judge, (2) Prosecutor, (3) and Jeff’s Attorney Issue: We should have had a hearing to dissolved their operation We found: The clerks were altering records in the Sheriffs office VA working with the Sheriff’s Department VA paying the Attorneys, Media and etc., under the table
  • 145. Comments ref case #3: This example shows illegal retaliation and Double Jeopardy . This is a recurring issue with the Justice System, VA, DOJ, Attorneys, Prosecutors, States Attorneys and Sheriff’s Department. Issue: If you don’t know how to protect yourself against these criminals, you WILL go to jail, fake kangaroo court forever, as their goal is to discredit the whistleblower on public record.
  • 146. CASE #4 Lee and Luanne’s case, Hillsborough/Tampa FL 13 Circuit Courts
  • 148. Hillsborough Sheriff’s Department and Tampa, Florida 13 Circuit Court is running a scam with the elderly and service-disabled veterans (see Marti Oakley 2019 Whistleblower slides)
  • 149. Background • James worked with the system (Tampa 13 Circuit Courts, Hillsborough Sheriff’s Department, Drug and Alcohol Facility, Doctor, Nurse and Child and Adult protection agency). To set up his mother, Luanne Simmons and Lee Smith James did the following: • Put his name on everything • Perjured himself on court documents. James stated his mother was a drug addict who was getting her drugs from Lee Smith. James also said Lee was stealing money from his mother as he could not account for his mother $50,000. James said this knowing his mother transferred $50,000 to another account to stop James from stealing from her. • James coordinated with the Hillsborough Sheriffs department server times to harass his mother. I got involved on 23 Sep 2022 and asked: (1) the Tampa ADA Chief of Staff to assist, (2) Child and Adult Protection Agency to help and (3) Sheriffs Department. • James coordinated with the Sheriff’s department, Tampa 13 Circuit Court and the Drug and Alcoholic Facility to commit her mother. On 3 Oct after James coordinated with the Hillsborough Sheriff’s Department and the Court, the sheriff’s department enter Luanne’s house with a void court order. They told Luanne that they were going to take her to the hospital 5 minutes upthe road, instead the Hillsborough sheriffs deputy took Luanne 45 minutes to a drug and alcohol testing center without her walker and in a Hillsborough sheriff • While in the center, Luanne was forced to take a urinalysis test which was negative. Once her test was found
  • 150. CASE #2 Sue, Austin and Robert’s Case ref: SMJ The Judge, Prosecutor and Clerks did the following to pretend SMJ/Sufficiency of Pleading: (1) Said oh shit because we appeared in court to prove everyone was involved a RICO/ 18 USC 1341 crime to include the Criminal Judge, Prosecutor and etc. (2) Judge Rand and the Prosecutor had the nerve to play us thinking we did not know our rights. We played along so we could capture everyone on tape as we were setting them up. They did the following: (3) Wasted tax dollars (4) Denied ADA Reasonable Accommodations (5) The Prosecutors told us that they knew nothing about our case (6) Judge Rand got PTSD and was rude by: (1) Ignoring our ADA Advocate, Christopher King (2) Ordered Robert not to issue Voncelle James any motions and etc (3) Issued a fake unsigned order (4) Did not or could not establish SMJ because…
  • 151. Why VA Attorneys, VA Leaders and Pawn Vocelle James could not establish SMJ/Sufficiency of pleading
  • 152. In order to establish SMJ 4 things need to be in the court room. 1. Plaintiff: Voncelle James 2. Defendant: Robert 3. Competent Fact Witness: Christopher King (Our ADA Advocate, Attorney and Journalist) 4. Reason why we were there: Voncelle James said on the record that DOJ, Attorneys in building 810 and Amy Jackson needed the fake peace order to help her should our higher court case against them goes to trial, However, Voncelle James perjured herself on the fake police report, fake peace order and fake criminal records. On her perjured documents VJ said the following: a) POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. b) PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons c) CRIMINAL Report dated 9 June: In order to get us into criminal court, VJ stated we were criminals because we violated the 6 June void peace order. She took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email • .
  • 153. Issue with VA, VA Leaders and Voncelle establishing SMJ using perjured document during criminal court 1. Everyone is involved (RICO, 18 USC 1341 and 42 USC 1986 violation) as we told everyone to stop before we went to Kangaroo Court. Everyone knew VJ had perjured herself and did not/could not win in fake criminal court using perjured documents. Furthermore, everyone knew we paid for a DE NOVO hearing in Sep. At the De novo hearing, Judge Dwyer told everyone in court that Voncelle James fake peace order goes away. Therefore, she could not take us to criminal court in November. a) VJ POLICE REPORT dated 6 Jun 2019: Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. We have the truth on the record. This proves VJ is a liar with the support of VA leaders, Attorneys in Building 810 and MD court. This is a RICO, 42 USC 1342, 18 USC 241, 242, 1983 KKK, 18 USC 1506, 42 USC 1985, 42 USC 1986 and etc. b) VJ PEACE ORDER dated 6 Jun 2019: Robert and I were (1) stalkers, (2) ex-employees who came to her house with weapons in our car. NOTE: VJ also stated on her peace order that we were issuing a summons. This significant because you cannot give a peace order to anyone who is doing anything legal. Also Robert and I are ADA Advocates, it is a felony to retaliated against ADA Advocates. Furthermore, VJ stated on the record that DOJ, the Attorneys in Building 810 told her that she needed the peace order to dismiss our higher court case against them which is another crime. c) JV CRIMINAL Report dated 9 June: In order to get us into FAKE KANGAROO CRIMINLAL COURT VJ stated we were criminals because we violated the 6 June void peace order. Voncele James took Christopher King’s Whistleblower video and said we were guilty because we were associated with Christopher King. Voncelle James also use a Workers Compensation ADA Confidential Medical Email stating Robert is guilty because he cc’d her on the email.
  • 154. In order to establish SMJ 4 things need to be in the court room. 1. POLICE REPORT dated 6 Jun 2019: VJ perjured herself by stating Robert was dangerous and came to her house stating, “I AM GOING TO GET YOU”. 1. PEACE ORDER dated 6 Jun 2019: VJ perjured herself by stating Robert and I were stalkers, ex- employees who came to her house with weapons in our car. She also stated on her peace order that we were issuing a summons 2. Criminal Report: In order to get us into criminal court, VJ stated we were criminals because we violated the 6 June peace order because ADA Advocate, Attorney Christopher King, and Journalist made a WHISTHLEBLOWER VIDEO, therefore we were guilty. She also use a Workers Compensation Email stating Robert sent an email to her ref: their crimes and how workers compensation meeting was late because Voncell could not attend because she filed a fake peace order on 6 June. • .
  • 155. Proof of fraud, waste and abuse and TREASON in Washington, STATE Courts (STATE, DISTRICT AND COURT OF APPEALS)
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  • 157. Explain how the deep state manipulates God’s natural law using: (1) common law and (2) contract law
  • 158. Explain courts/judge’s responsibilities to Americans and how they commit TREASON (1) The right to sue a judge and associates as nobody gets immunity (2) Relief as per 1983 KKK, 1871 KKK, and Charter of the FOREST as relief is mandatory
  • 159. Solution: (1) Quo warranto (2) DOD
  • 160. Our Justice System is corrupt as hell. When they go rogue do this (1) Quo Warranto and (2) get the Military involve.
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  • 163. (6) References/Past Precedent which means any act, decision, or case that serves as a guide or justification for subsequent decisions
  • 164. Everyone should read the Secret of the Legal Industry because we Americans have been played by the rich
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  • 179. Kangaroo Court Continues as SMJ is everything. When the courts go rogue ask DOD Ken Scott, here is my thoughts about Darrell Brooks case. Once Subject Matter Jurisdiction is challenge, everything stops. The Plaintiffs must prove SMJ.
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  • 181. It is a matter of law that the Judge follow the law. When SMJ is challenged it is to be shown and proved BEFORE court proceeds
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  • 184. It all comes down to Corporate law/Clearfield Doctrine
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  • 189. We have a two-tiered court system
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  • 194. Example of a SMJ challenge ref: Brads case
  • 197. Challenge Judge Margaret Taylor’s void order dated 31 Oct 2022 ref: Trial without a hearing scheduled on 29 Nov 2022
  • 198. Appeal void order issued by Judge Margaret Taylor on 31 Oct 2022
  • 199. Motion to dismiss because lack of SMJ. Sufficiency of pleading was not established