This class action complaint alleges that the California Army National Guard and Defense Finance and Accounting Service illegally sought to recoup enlistment bonuses from over 16,000 service members, including the plaintiff, in violation of statutes of limitations. The plaintiff, Sgt. Bryan James Strother, claims he received a retention bonus in good faith in 2006 but kept the same job, and the defendants falsely contend he changed jobs in violation of his contract. The complaint asserts class action status on behalf of all similarly situated plaintiffs and alleges the defendants violated 42 U.S.C. 1983 due to a failure to properly train personnel regarding bonus contracts and recoupment.
United States History regarding: "Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications. 2011 Document prepared for Members and Committees of Congress.
This document provides instructions and information for completing Standard Form 180, Request Pertaining to Military Records. It explains that the form is used to request information from military records and certain identifying information is needed to locate records. It outlines where to mail the form depending on the type of record requested and provides definitions to help complete the form.
The defendants filed a motion to dismiss the indictment charging them with violating export control laws. They argue that the language of the US Munitions List regulating the export of military equipment is unconstitutionally vague and does not provide fair notice of what requires an export license. Specifically, the list does not enumerate the exact parts the defendants were charged with exporting. This violates the due process requirement that criminal statutes define the prohibited conduct clearly. The defendants therefore could not have known their actions were illegal.
United states’ motion in limine concerning united states munitions list deter...Cocoselul Inaripat
This document is a motion filed by the United States in a criminal case requesting that the court preclude the defendant from challenging the US State Department's determination that certain exported items were properly classified as "defense articles" on the United States Munitions List. The motion argues that (1) the Arms Export Control Act expressly prohibits judicial review of State Department determinations about items on the munitions list, (2) past precedent establishes that such determinations involve political questions reserved for the executive branch, and (3) allowing challenges would undermine the executive's authority over national security and foreign policy matters.
State of North Dakota's Unopposed Motion to Intervene as Petitioner; State of Wyoming v. United States Department of the Interior; Sally Jewell, in her capacity as Secretary of the Interior; Bureau of Land Management; and Neil Kornze, in his capacity as Director, Bureau of Land Management
This document summarizes a 1996 appellate court case regarding the removal of a wrongful death lawsuit to federal court. The lawsuit was filed in Alabama state court against an airplane engine manufacturer and inspector over a plane crash in France. The defendants removed the case to federal court under the Federal Officer Removal Statute. The appellate court upheld the removal, finding the inspector was acting as a federal officer in certifying the plane's engine as airworthy. It also found the district court did not abuse its discretion in dismissing the case based on forum non conveniens, as most witnesses and evidence were located in France.
08/10/12 - MOTION TO STRIKE RESPONSE TO: Motion To Strike Motion To DismissVogelDenise
This document is a motion to strike filed by plaintiff Vogel Denise Newsome in the case of Newsome v. Page Kruger & Holland P.A. et al. in the U.S. District Court for the Southern District of Mississippi. The motion seeks to strike responses filed by defendants in opposition to previous motions by Newsome. Newsome argues the defendants do not dispute her right to a jury trial under Rule 38 of the Federal Rules of Civil Procedure and the 7th Amendment. Newsome also argues Judge Tom S. Lee must recuse himself due to a conflict of interest. Newsome cites statutes requiring recusal when a judge's impartiality may reasonably be questioned.
U.S. Supreme Court Order On The Travel Ban Appeals, June 26, 2017Honolulu Civil Beat
The Supreme Court granted certiorari and partially stayed injunctions blocking enforcement of Executive Order 13780, which suspended entry of nationals from six Muslim-majority countries. Lower courts had issued nationwide preliminary injunctions, finding the order likely violated the Establishment Clause. The Supreme Court's partial stay allows the 90-day travel ban to take effect but exempts foreigners with bona fide relationships with U.S. entities or individuals. Oral arguments will be heard in the fall on the constitutionality of the executive order.
United States History regarding: "Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications. 2011 Document prepared for Members and Committees of Congress.
This document provides instructions and information for completing Standard Form 180, Request Pertaining to Military Records. It explains that the form is used to request information from military records and certain identifying information is needed to locate records. It outlines where to mail the form depending on the type of record requested and provides definitions to help complete the form.
The defendants filed a motion to dismiss the indictment charging them with violating export control laws. They argue that the language of the US Munitions List regulating the export of military equipment is unconstitutionally vague and does not provide fair notice of what requires an export license. Specifically, the list does not enumerate the exact parts the defendants were charged with exporting. This violates the due process requirement that criminal statutes define the prohibited conduct clearly. The defendants therefore could not have known their actions were illegal.
United states’ motion in limine concerning united states munitions list deter...Cocoselul Inaripat
This document is a motion filed by the United States in a criminal case requesting that the court preclude the defendant from challenging the US State Department's determination that certain exported items were properly classified as "defense articles" on the United States Munitions List. The motion argues that (1) the Arms Export Control Act expressly prohibits judicial review of State Department determinations about items on the munitions list, (2) past precedent establishes that such determinations involve political questions reserved for the executive branch, and (3) allowing challenges would undermine the executive's authority over national security and foreign policy matters.
State of North Dakota's Unopposed Motion to Intervene as Petitioner; State of Wyoming v. United States Department of the Interior; Sally Jewell, in her capacity as Secretary of the Interior; Bureau of Land Management; and Neil Kornze, in his capacity as Director, Bureau of Land Management
This document summarizes a 1996 appellate court case regarding the removal of a wrongful death lawsuit to federal court. The lawsuit was filed in Alabama state court against an airplane engine manufacturer and inspector over a plane crash in France. The defendants removed the case to federal court under the Federal Officer Removal Statute. The appellate court upheld the removal, finding the inspector was acting as a federal officer in certifying the plane's engine as airworthy. It also found the district court did not abuse its discretion in dismissing the case based on forum non conveniens, as most witnesses and evidence were located in France.
08/10/12 - MOTION TO STRIKE RESPONSE TO: Motion To Strike Motion To DismissVogelDenise
This document is a motion to strike filed by plaintiff Vogel Denise Newsome in the case of Newsome v. Page Kruger & Holland P.A. et al. in the U.S. District Court for the Southern District of Mississippi. The motion seeks to strike responses filed by defendants in opposition to previous motions by Newsome. Newsome argues the defendants do not dispute her right to a jury trial under Rule 38 of the Federal Rules of Civil Procedure and the 7th Amendment. Newsome also argues Judge Tom S. Lee must recuse himself due to a conflict of interest. Newsome cites statutes requiring recusal when a judge's impartiality may reasonably be questioned.
U.S. Supreme Court Order On The Travel Ban Appeals, June 26, 2017Honolulu Civil Beat
The Supreme Court granted certiorari and partially stayed injunctions blocking enforcement of Executive Order 13780, which suspended entry of nationals from six Muslim-majority countries. Lower courts had issued nationwide preliminary injunctions, finding the order likely violated the Establishment Clause. The Supreme Court's partial stay allows the 90-day travel ban to take effect but exempts foreigners with bona fide relationships with U.S. entities or individuals. Oral arguments will be heard in the fall on the constitutionality of the executive order.
Should us encourage_un_development-bulletin-1986-6pgs-polRareBooksnRecords
Colonel Roberts provides testimony against the United Nations organization, arguing that:
1) The UN is a subversive organization that has illegally transferred vital powers of the US government, such as the powers to wage war and keep peace, to the UN in violation of the Constitution.
2) The UN Charter was adopted to overthrow the Constitution and coerce Americans into a socialist system.
3) The ongoing war in Vietnam is secretly a UN war conducted to serve UN purposes and increase its political power, not reduce the power of Communist enemies or increase US power.
4) Treaties like SEATO were formed under the UN Charter to provide regional arrangements for UN control over US military forces, as the Security Council
The court reviewed a case brought by Kenyan victims and family members of victims of the 1998 US embassy bombing in Nairobi, Kenya against Osama bin Laden, al Qaeda, and Afghanistan. The court affirmed the dismissal of claims against Afghanistan, finding that Afghanistan's alleged conduct did not constitute "commercial activity" within the meaning of the Foreign Sovereign Immunities Act's commercial activity exception. However, the court reversed the dismissal of claims against bin Laden and al Qaeda, finding that the District Court had personal jurisdiction over them based on their purposefully directing their terrorist activities at US residents, giving them fair warning that they could be haled into court in the US.
The document criticizes Public Laws 87-297 and 101-216, which relate to U.S. cooperation with the United Nations on arms control and disarmament. It argues that these laws violate the Constitution by divesting the U.S. of its armed forces and placing them under U.N. control. The document warns that this destroys American sovereignty and obsoletes the Constitution. It urges citizens to protest their state's cooperation in these acts, as maintaining a military defense is essential to preserving the Union and Constitutional system.
This is the final judgment of Oriel Jean Oriel Jean — the former security chief of ex-President Jean-Bertrand Aristide and whose testimony in U.S. courts a decade ago helped take down key figures in Haiti’s drug trafficking underworld
In 2005, Jean was sentenced to three years in prison in a money-laundering plea deal after helping the U.S. Attorney’s Office convict several Haitians and Colombians of moving tons of Colombian cocaine through Haiti to the United States.
At Jean’s November 2005 sentencing, U.S. District Judge Jose Martinez complimented him for his “good work.” In his court testimony, Jean indirectly implicated former Haitian President Jean Bertrand Aristide and also testified against him before the grand jury.
This document is an information charging Nelson Tamayori with misprision of felony. The United States Attorney alleges that on September 5, 2014, Tamayori witnessed Vincent Morre assault J.T. and F.F., which is a felony deprivation of rights under color of law, but concealed it by omitting this information from a police report. This violated Tamayori's legal duty to report the felony he had knowledge of. The United States is charging Tamayori with one count of misprision of felony under 18 U.S.C. § 4.
The document is a detention order for Traian Bujduveanu, who is charged with conspiracy to export military parts to Iran without proper licensing. At a hearing, the court determined no bail conditions would reasonably assure his appearance at trial given: 1) the substantial evidence against him, 2) his extensive international business and travel ties, and 3) his ties to Romania, making him a flight risk. As a result, the court ordered him detained pending trial.
This telegram from Operation PBSUCCESS headquarters in Florida to the CIA recommends countermeasures to combat the argument that the U.S. opposed Guatemala's Arbenz regime to protect the United Fruit Company. It suggests issuing statements supporting principles of agrarian reform and past U.S. support for land redistribution programs. It also recommends presenting criticism of Guatemala's reforms by drawing parallels to China and emphasizing the issue is an internal matter, while the U.S. is concerned with communism in the hemisphere.
This document defines key terms used in federal firearms laws and regulations. It defines terms like "firearm", "destructive device", "shotgun", "rifle", and others. It also defines terms related to the firearms industry like "importer", "manufacturer", "dealer", and "collector". The definitions are used throughout federal law to clarify the scope and application of firearms statutes and regulations.
What would a flu pandemic in the USA look like? More like a war than a natura...Harm Kiezebrink
What would a flu pandemic in the U.S. look like? More like a war than a natural disaster, a government report indicates.
The USA is by far one of the best-prepared countries in the world when it comes to managing possible outbreak situations. This recently declassified Department of Defense report, dated August 2009, estimates that a full-blown flu pandemic could sicken about 30% of the U.S. population, leading to 3 million hospitalizations and 2 million deaths.
This Implementation Plan for Pandemic Influenza of the US Department of Defense directs how to prepare for, detect, respond to and contain the effect of a pandemic on military forces, DOD civilians, DOD contractors, dependents and beneficiaries.
Additionally, it addresses the provision of the US Department Of Defense assistance to civil authorities, foreign and domestic, as well as key security concerns such as humanitarian relief and stabilization operations that may arise.
A very interesting report that you NEED to read!
COUNT 4 - CONSPIRACY TO MURDER (For UIE...Criminal Complaint)VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
CONFEDERATE STATES OF AMERICA’S A/K/A UNITED STATES OF AMERICA’S CONFEDERATES, KU KLUX KLAN, WHITE SUPREMACISTS/ZIONISTS CONSPIRE TO HAVE THE UTICA INTERNATIONAL EMBASSY’S INTERIM PRIME MINISTER VOGEL DENISE NEWSOME ASSASSINATED AND/OR MURDERED
Do d directive allowing the use of military force against american citizens i...RepentSinner
This document establishes policy and assigns responsibilities for Defense Support of Civil Authorities (DSCA), also referred to as civil support. It provides guidance for DSCA when requested by civil authorities and approved by the appropriate DoD official. It defines DSCA and establishes authorities and responsibilities for immediate response to requests from civil authorities and use of military force in emergency situations.
This document summarizes a court case between Prime Time International Company and the US Department of Agriculture regarding tobacco assessments under the Fair and Equitable Tobacco Reform Act. The USDA assessed Prime Time, a manufacturer of small cigars, quarterly fees based on its market share of the cigar class. Prime Time appealed, arguing that treating all cigars equally failed to account for size differences and that alternative sales data should be used. The court upheld most of the USDA's assessment methodology but found that Prime Time correctly challenged the exclusion of some manufacturers and inclusion of certain expenses.
This document contains a collection of links to various websites discussing topics such as: international bankers controlling governments; disarming the American public; religious deception and control; satanism in the Vatican; Jewish control of media and government; exposing flaws in concepts of law, religion and science; pedophilia in the Talmud; reincarnation; secret societies like the Freemasons; the legal fiction of corporate governments; police not being obligated to protect individuals; filing counterclaims against police; opting out of Social Security; the USA being a religious corporation; the Pope controlling America; raw food diets healing disease; foreign sovereignty; civil rights liability; public servants as property of the government; protesting the legal
Ch 5 presentation Will Kumi, Rebecca Mendelsohn, Conrad Blackrebeccamendelsohn
The document summarizes key aspects of civil liberties and the Bill of Rights in the United States. It discusses how the Bill of Rights was drafted to limit federal government overreach on individual liberties. It then examines how the 14th Amendment and the incorporation doctrine applied these protections to state laws over time through Supreme Court rulings. Specific rights covered include freedom of religion, speech, press, and assembly. The establishment and free exercise of religion clauses are explained. Tests for determining protected speech like clear and present danger are also summarized.
Legal process that allows the federal government to take “ill gotten gains” from the defendant.
Inserted into numerous federal statutes and is mandatory for over 200 federal crimes.
Gross Proceeds at time of commission of the offense may be forfeitable.
Process begins immediately after sentencing.
Proceeds go to government, not victim.
This document is a court opinion from the United States Court of Appeals for the Ninth Circuit regarding an executive order issued by President Trump imposing restrictions on entry into the US from several majority-Muslim countries. The court found that while the President has broad authority to control immigration, his actions in issuing the executive order exceeded the scope of authority delegated by Congress. Specifically, the President did not make a sufficient finding that entry of these classes of people would harm national interests, as required by law. The court also found the order violated other provisions of immigration law prohibiting nationality-based discrimination and requiring certain processes for refugee caps. The court affirmed the lower court's preliminary injunction of sections of the executive order on these statutory grounds.
This document provides a list of resources for finding legal forms, including print and electronic sources focused on Florida and federal practice forms. It outlines books and databases containing forms for areas like civil procedure, criminal law, wills and trusts. Internet sources of forms are also included, as well as guidance on using LexisNexis and Westlaw to search their extensive form libraries. The resources listed offer a wide selection of up-to-date forms and commentary to assist legal practitioners.
O documento recomenda caminhar na natureza para se acalmar e encontrar felicidade, longe dos lugares agitados, inspirando o ar puro e refazendo conceitos para abençoar a vida como ela é apresentada, pois a existência atual já oferece o necessário para ser feliz.
Este documento presenta una breve biografía de Juan Sebastián Chica Giraldo, un joven de 17 años que vive en Armenia, Colombia. Detalla que nació el 13 de febrero de 1996 y vive con su abuela, hermanos y tía en el barrio Bosques de Pinares. También describe a Armenia como su lugar de nacimiento, una ciudad bonita conocida como la "ciudad milagro". Finalmente, menciona sus hobbies como el fútbol, la música y la comida rápida, así como su experiencia en la escuela primaria
Subsídios elaborados pelo Pr. Natalino das Neves
Programa Escola Dominical na WEBTV.
IEADSJP - Igreja Evangélica Assembleia de Deus de São José dos Pinhais
Pr. Presidente: Ival Teodoro da Silva
Pr. Vice Presidente: Elson Pereira
Assista ao vídeo referente a este arquivo de slides no meu blog:
http://goo.gl/PPDRnr
El metabolismo del calcio involucra procesos bioquímicos y físico-químicos en las células que permiten funciones vitales como el crecimiento y la reproducción. Las glándulas paratiroides secretan hormonas que regulan los niveles de calcio en la sangre, mientras que los riñones, huesos e intestinos desempeñan papeles clave en el intercambio y almacenamiento de calcio. Alteraciones en este delicado equilibrio pueden tener consecuencias graves para la salud.
Should us encourage_un_development-bulletin-1986-6pgs-polRareBooksnRecords
Colonel Roberts provides testimony against the United Nations organization, arguing that:
1) The UN is a subversive organization that has illegally transferred vital powers of the US government, such as the powers to wage war and keep peace, to the UN in violation of the Constitution.
2) The UN Charter was adopted to overthrow the Constitution and coerce Americans into a socialist system.
3) The ongoing war in Vietnam is secretly a UN war conducted to serve UN purposes and increase its political power, not reduce the power of Communist enemies or increase US power.
4) Treaties like SEATO were formed under the UN Charter to provide regional arrangements for UN control over US military forces, as the Security Council
The court reviewed a case brought by Kenyan victims and family members of victims of the 1998 US embassy bombing in Nairobi, Kenya against Osama bin Laden, al Qaeda, and Afghanistan. The court affirmed the dismissal of claims against Afghanistan, finding that Afghanistan's alleged conduct did not constitute "commercial activity" within the meaning of the Foreign Sovereign Immunities Act's commercial activity exception. However, the court reversed the dismissal of claims against bin Laden and al Qaeda, finding that the District Court had personal jurisdiction over them based on their purposefully directing their terrorist activities at US residents, giving them fair warning that they could be haled into court in the US.
The document criticizes Public Laws 87-297 and 101-216, which relate to U.S. cooperation with the United Nations on arms control and disarmament. It argues that these laws violate the Constitution by divesting the U.S. of its armed forces and placing them under U.N. control. The document warns that this destroys American sovereignty and obsoletes the Constitution. It urges citizens to protest their state's cooperation in these acts, as maintaining a military defense is essential to preserving the Union and Constitutional system.
This is the final judgment of Oriel Jean Oriel Jean — the former security chief of ex-President Jean-Bertrand Aristide and whose testimony in U.S. courts a decade ago helped take down key figures in Haiti’s drug trafficking underworld
In 2005, Jean was sentenced to three years in prison in a money-laundering plea deal after helping the U.S. Attorney’s Office convict several Haitians and Colombians of moving tons of Colombian cocaine through Haiti to the United States.
At Jean’s November 2005 sentencing, U.S. District Judge Jose Martinez complimented him for his “good work.” In his court testimony, Jean indirectly implicated former Haitian President Jean Bertrand Aristide and also testified against him before the grand jury.
This document is an information charging Nelson Tamayori with misprision of felony. The United States Attorney alleges that on September 5, 2014, Tamayori witnessed Vincent Morre assault J.T. and F.F., which is a felony deprivation of rights under color of law, but concealed it by omitting this information from a police report. This violated Tamayori's legal duty to report the felony he had knowledge of. The United States is charging Tamayori with one count of misprision of felony under 18 U.S.C. § 4.
The document is a detention order for Traian Bujduveanu, who is charged with conspiracy to export military parts to Iran without proper licensing. At a hearing, the court determined no bail conditions would reasonably assure his appearance at trial given: 1) the substantial evidence against him, 2) his extensive international business and travel ties, and 3) his ties to Romania, making him a flight risk. As a result, the court ordered him detained pending trial.
This telegram from Operation PBSUCCESS headquarters in Florida to the CIA recommends countermeasures to combat the argument that the U.S. opposed Guatemala's Arbenz regime to protect the United Fruit Company. It suggests issuing statements supporting principles of agrarian reform and past U.S. support for land redistribution programs. It also recommends presenting criticism of Guatemala's reforms by drawing parallels to China and emphasizing the issue is an internal matter, while the U.S. is concerned with communism in the hemisphere.
This document defines key terms used in federal firearms laws and regulations. It defines terms like "firearm", "destructive device", "shotgun", "rifle", and others. It also defines terms related to the firearms industry like "importer", "manufacturer", "dealer", and "collector". The definitions are used throughout federal law to clarify the scope and application of firearms statutes and regulations.
What would a flu pandemic in the USA look like? More like a war than a natura...Harm Kiezebrink
What would a flu pandemic in the U.S. look like? More like a war than a natural disaster, a government report indicates.
The USA is by far one of the best-prepared countries in the world when it comes to managing possible outbreak situations. This recently declassified Department of Defense report, dated August 2009, estimates that a full-blown flu pandemic could sicken about 30% of the U.S. population, leading to 3 million hospitalizations and 2 million deaths.
This Implementation Plan for Pandemic Influenza of the US Department of Defense directs how to prepare for, detect, respond to and contain the effect of a pandemic on military forces, DOD civilians, DOD contractors, dependents and beneficiaries.
Additionally, it addresses the provision of the US Department Of Defense assistance to civil authorities, foreign and domestic, as well as key security concerns such as humanitarian relief and stabilization operations that may arise.
A very interesting report that you NEED to read!
COUNT 4 - CONSPIRACY TO MURDER (For UIE...Criminal Complaint)VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
CONFEDERATE STATES OF AMERICA’S A/K/A UNITED STATES OF AMERICA’S CONFEDERATES, KU KLUX KLAN, WHITE SUPREMACISTS/ZIONISTS CONSPIRE TO HAVE THE UTICA INTERNATIONAL EMBASSY’S INTERIM PRIME MINISTER VOGEL DENISE NEWSOME ASSASSINATED AND/OR MURDERED
Do d directive allowing the use of military force against american citizens i...RepentSinner
This document establishes policy and assigns responsibilities for Defense Support of Civil Authorities (DSCA), also referred to as civil support. It provides guidance for DSCA when requested by civil authorities and approved by the appropriate DoD official. It defines DSCA and establishes authorities and responsibilities for immediate response to requests from civil authorities and use of military force in emergency situations.
This document summarizes a court case between Prime Time International Company and the US Department of Agriculture regarding tobacco assessments under the Fair and Equitable Tobacco Reform Act. The USDA assessed Prime Time, a manufacturer of small cigars, quarterly fees based on its market share of the cigar class. Prime Time appealed, arguing that treating all cigars equally failed to account for size differences and that alternative sales data should be used. The court upheld most of the USDA's assessment methodology but found that Prime Time correctly challenged the exclusion of some manufacturers and inclusion of certain expenses.
This document contains a collection of links to various websites discussing topics such as: international bankers controlling governments; disarming the American public; religious deception and control; satanism in the Vatican; Jewish control of media and government; exposing flaws in concepts of law, religion and science; pedophilia in the Talmud; reincarnation; secret societies like the Freemasons; the legal fiction of corporate governments; police not being obligated to protect individuals; filing counterclaims against police; opting out of Social Security; the USA being a religious corporation; the Pope controlling America; raw food diets healing disease; foreign sovereignty; civil rights liability; public servants as property of the government; protesting the legal
Ch 5 presentation Will Kumi, Rebecca Mendelsohn, Conrad Blackrebeccamendelsohn
The document summarizes key aspects of civil liberties and the Bill of Rights in the United States. It discusses how the Bill of Rights was drafted to limit federal government overreach on individual liberties. It then examines how the 14th Amendment and the incorporation doctrine applied these protections to state laws over time through Supreme Court rulings. Specific rights covered include freedom of religion, speech, press, and assembly. The establishment and free exercise of religion clauses are explained. Tests for determining protected speech like clear and present danger are also summarized.
Legal process that allows the federal government to take “ill gotten gains” from the defendant.
Inserted into numerous federal statutes and is mandatory for over 200 federal crimes.
Gross Proceeds at time of commission of the offense may be forfeitable.
Process begins immediately after sentencing.
Proceeds go to government, not victim.
This document is a court opinion from the United States Court of Appeals for the Ninth Circuit regarding an executive order issued by President Trump imposing restrictions on entry into the US from several majority-Muslim countries. The court found that while the President has broad authority to control immigration, his actions in issuing the executive order exceeded the scope of authority delegated by Congress. Specifically, the President did not make a sufficient finding that entry of these classes of people would harm national interests, as required by law. The court also found the order violated other provisions of immigration law prohibiting nationality-based discrimination and requiring certain processes for refugee caps. The court affirmed the lower court's preliminary injunction of sections of the executive order on these statutory grounds.
This document provides a list of resources for finding legal forms, including print and electronic sources focused on Florida and federal practice forms. It outlines books and databases containing forms for areas like civil procedure, criminal law, wills and trusts. Internet sources of forms are also included, as well as guidance on using LexisNexis and Westlaw to search their extensive form libraries. The resources listed offer a wide selection of up-to-date forms and commentary to assist legal practitioners.
O documento recomenda caminhar na natureza para se acalmar e encontrar felicidade, longe dos lugares agitados, inspirando o ar puro e refazendo conceitos para abençoar a vida como ela é apresentada, pois a existência atual já oferece o necessário para ser feliz.
Este documento presenta una breve biografía de Juan Sebastián Chica Giraldo, un joven de 17 años que vive en Armenia, Colombia. Detalla que nació el 13 de febrero de 1996 y vive con su abuela, hermanos y tía en el barrio Bosques de Pinares. También describe a Armenia como su lugar de nacimiento, una ciudad bonita conocida como la "ciudad milagro". Finalmente, menciona sus hobbies como el fútbol, la música y la comida rápida, así como su experiencia en la escuela primaria
Subsídios elaborados pelo Pr. Natalino das Neves
Programa Escola Dominical na WEBTV.
IEADSJP - Igreja Evangélica Assembleia de Deus de São José dos Pinhais
Pr. Presidente: Ival Teodoro da Silva
Pr. Vice Presidente: Elson Pereira
Assista ao vídeo referente a este arquivo de slides no meu blog:
http://goo.gl/PPDRnr
El metabolismo del calcio involucra procesos bioquímicos y físico-químicos en las células que permiten funciones vitales como el crecimiento y la reproducción. Las glándulas paratiroides secretan hormonas que regulan los niveles de calcio en la sangre, mientras que los riñones, huesos e intestinos desempeñan papeles clave en el intercambio y almacenamiento de calcio. Alteraciones en este delicado equilibrio pueden tener consecuencias graves para la salud.
El documento compara los servicios Flickr y Picasa para compartir y almacenar imágenes. Flickr permite almacenar, ordenar, buscar, vender y compartir fotografías de forma gratuita, mientras que Picasa es una herramienta para visualizar, organizar y editar fotografías. Ambos servicios ofrecen cuentas gratuitas y de pago, variando en su capacidad de almacenamiento, privacidad, comunidad de usuarios y estadísticas. El documento analiza las diferencias entre ambos servicios para determinar cuál es más
El documento describe los objetivos de una compañía eléctrica de proveer un servicio eficiente y de calidad con un enfoque en el bienestar y la sostenibilidad, innovar con tecnologías limpias de bajo impacto ambiental, y ser social y ambientalmente responsable al satisfacer las necesidades de los consumidores y la comunidad.
Un cuerpo en caída libre acelera a medida que desciende debido a la gravedad, alcanzando una mayor velocidad a medida que pasa más tiempo cayendo. Galileo fue el primero en demostrar que todos los objetos caen a la misma velocidad cuando la resistencia del aire puede ignorarse. Las ecuaciones de movimiento uniformemente acelerado se pueden usar para calcular la altura, velocidad inicial, velocidad final y tiempo durante una caída libre.
Este documento describe un experimento de electrólisis de una solución acuosa de yoduro de potasio. El objetivo es explicar el proceso de electrólisis y observar cómo la sal se descompone en sus iones de yodo e hidróxido de potasio en los electrodos. Al aplicar corriente, el yodo se oxida a I2 en el ánodo y el potasio se reduce a KOH en el cátodo, separando así los iones de la sal original.
Este documento presenta el programa de estudios de una unidad sobre el mercado laboral y la legislación laboral en Chile. La unidad se estudiará durante varias semanas de octubre y noviembre e incluye temas como el rol del mercado y el estado en la economía nacional, las características del empleo en Chile y la legislación laboral chilena. El documento también contiene vocabulario relevante y actividades para los estudiantes.
El documento explica cómo usar filtros en Excel para filtrar listas y tablas de datos según criterios específicos. Describe la función Autofiltro de Excel y cómo puede usarse para filtrar una tabla según categorías, valores numéricos personalizados, o múltiples columnas. También explica los filtros avanzados de Excel, los cuales permiten aplicar criterios lógicos como rangos de valores para filtrar filas de datos.
El documento describe los objetivos de una compañía eléctrica de proveer un servicio eficiente y de calidad con un enfoque en el bienestar y la sostenibilidad, innovar con tecnologías limpias de bajo impacto ambiental, y ser social y ambientalmente responsable al satisfacer las necesidades de los consumidores y la comunidad.
O documento resume as atividades de dezembro de 2013 de uma organização espírita chamada FEC. As atividades incluem reuniões abertas ao público com estudos doutrinários e do evangelho, orações pelos desencarnados, consultas espirituais e uma festa de natal.
Este documento discute as possíveis repercussões espirituais do transplante de órgãos, afirmando que o processo de separação do perispírito do corpo físico após a morte é gradual. Também sugere que a doação de órgãos pode causar algum desconforto no doador no momento da cirurgia, mas que os benefícios espirituais da caridade superam eventuais efeitos negativos.
El documento describe el estado de Internet al comienzo del siglo XXI. Resalta que mientras Internet se expandía rápidamente en todo el mundo, había grandes desigualdades en el acceso entre países y dentro de los países. Estados Unidos tenía la mayor cantidad de usuarios, mientras que África tenía la menor. A medida que Internet se globalizaba, también lo hacían las brechas digitales entre ricos y pobres.
O documento resume o capítulo 8 do livro de Daniel. Ele descreve a visão de Daniel sobre a queda dos Impérios Persa e Grego e a ascensão do "chifre pequeno", Antíoco Epifânio. A visão simboliza esses eventos históricos através de figuras de animais. O documento também discute a divisão do Império Grego após a morte de Alexandre, o Grande.
La propuesta presenta una actividad didáctica basada en la película "Amigos..." que trabaja destrezas lingüísticas y contenidos funcionales y léxicos. La actividad consta de tres partes: antes, durante y después del visionado, e incluye tareas individuales, en parejas y grupales como completar sinopsis, describir personajes, responder preguntas y debatir temas.
Este documento describe la estructura organizativa de una escuela, incluyendo los órganos de dirección, coordinación docente y representación. Los órganos de dirección incluyen al director, jefe de estudios, secretario y dos órganos colegiados. Los órganos de coordinación docente coordinan las funciones pedagógicas y de tutoría. Los órganos de representación incluyen la asociación de padres y madres.
El documento describe el alcance y objetivos de un estudio geotécnico para proyectos de construcción. Explica que un estudio geotécnico busca conocer las características del terreno para definir la excavación, rellenos, capacidad de soporte y estabilidad de taludes. También describe la clasificación de obras y terrenos según el Código Técnico de la Edificación y proporciona detalles sobre la clasificación, propiedades y modificación de suelos.
The defendants filed a motion to dismiss the indictment charging them with violating export control laws. They argue that the language of the US Munitions List regulating the export of military equipment is unconstitutionally vague and did not provide fair notice of what required an export license. Specifically, the list does not enumerate the exact parts charged but uses broad language about components designed for military use. This violates due process by failing to clearly define the prohibited conduct. The defendants also claim the discovery does not show they knew the parts would end up in Iran. They request dismissal of all counts.
Why the US has really gone broke The economic disaster that .docxalanfhall8953
Why the US has really gone broke
The economic disaster that is military keynesianism
by Chalmers Johnson
Le Monde Diplomatique February 2008
Global confidence in the US economy has reached zero, as was
proved by last month’s stock market meltdown. But there is an
enormous anomaly in the US economy above and beyond the
subprime mortgage crisis, the housing bubble and the prospect
of recession: 60 years of misallocation of resources, and
borrowings, to the establishment and maintenance of a militaryindustrial
complex as the basis of the nation’s economic life
The military adventurers in the Bush administration have much
in common with the corporate leaders of the defunct energy
company Enron. Both groups thought that they were the
“smartest guys in the room” — the title of Alex Gibney’s prizewinning
film on what went wrong at Enron. The
neoconservatives in the White House and the Pentagon
outsmarted themselves. They failed even to address the
problem of how to finance their schemes of imperialist wars and
global domination.
As a result, going into 2008, the United States finds itself in the
anomalous position of being unable to pay for its own elevated
living standards or its wasteful, overly large military
establishment. Its government no longer even attempts to
reduce the ruinous expenses of maintaining huge standing
armies, replacing the equipment that seven years of wars have
destroyed or worn out, or preparing for a war in outer space
against unknown adversaries. Instead, the Bush administration
puts off these costs for future generations to pay or repudiate.
This fiscal irresponsibility has been disguised through many
manipulative financial schemes (causing poorer countries to
lend us unprecedented sums of money), but the time of
reckoning is fast approaching.
There are three broad aspects to the US debt crisis. First, in the
current fiscal year (2008) we are spending insane amounts of
money on “defence” projects that bear no relation to the national
security of the US. We are also keeping the income tax burdens
on the richest segment of the population at strikingly low levels.
Second, we continue to believe that we can compensate for the
accelerating erosion of our base and our loss of jobs to foreign
countries through massive military expenditures — “military
Keynesianism” (which I discuss in detail in my book Nemesis:
The Last Days of the American Republic). By that, I mean the
mistaken belief that public policies focused on frequent wars,
huge expenditures on weapons and munitions, and large
standing armies can indefinitely sustain a wealthy capitalist
economy. The opposite is actually true.
Third, in our devotion to militarism (despite our limited
resources), we are failing to invest in our social infrastructure
and other requirements for the long-term health of the US.
These are what economists call opportunity .
Ex-NSA Contractor Stole at Least 500 Million Pages of Records and SecretsThe Hacker News
The government is seeking the continued pretrial detention of Harold T. Martin based on the danger his release would pose to national security and the risk of flight. The evidence against Martin is overwhelming, as he was found in possession of over 50 terabytes of highly classified documents and information spanning two decades, including some marked Top Secret/Sensitive Compartmented Information. Martin held positions of trust providing him access to classified information, but violated that trust through the theft and retention of documents he was not authorized to possess. His crimes were extremely serious and endangered national security.
For Kim Woods OnlyAssignment 2 Intelligence Gathering.docxzollyjenkins
******For Kim Woods Only*****
Assignment 2: Intelligence Gathering
After terrorists attacked the United States on 9/11, the US government implemented the USA Patriot Act, designed to gather intelligence and prevent future terror attacks on the United States. The USA Patriot Act reduced restrictions on law enforcement agencies’ ability to monitor telephone conversations, e-mail communications, and medical, financial, and other records.
Additionally, the act eased restrictions on foreign intelligence gathering within the United States; expanded the authority of the secretary of the Treasury to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts.
However, critics of the USA Patriot Act opine that it is an infringement on civil liberties and should be abolished. Opponents of the law criticize the authorization of indefinite detention of immigrants and search of a home or business without the owner’s or the occupant’s permission or knowledge.
The USA Patriot Act also expanded the use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to tap telephone calls, e-mail, and financial records without a court order, and expanded access to business records, including library and financial records. Since its passage, several legal issues have been brought against the act, and federal courts have ruled that a number of provisions in the USA Patriot Act are unconstitutional.
Click
here
to access a film titled
Spying on the Home Front
. The film has five segments, totaling about one hour. This film explores some of the controversies surrounding the USA Patriot Act. http://www.pbs.org/wgbh/pages/frontline/video/flv/generic.html?s=frol02p6d&continuous=1
Submission Details:
After watching all five segments of
Spying on the Home Front
, by
Saturday, June 11, 2016
, in a minimum of 250 words, post to the
Discussion Area
your response to the following:
What are the intelligence-gathering tools being used in the United States to fight terrorism?
Is there adequate intelligence sharing between different law enforcement agencies?
Do you think the USA Patriot Act is an effective tool for fighting terrorism, or do you think it infringes on individual civil liberties?
How have intelligence-sharing systems changed since 9/11?
Provide concrete examples that support your positions on each of the above questions.
****************************************************************************************************************************
Assignment 3: Weapons of Mass Destruction
Consider the following scenario:
A bomb has just exploded in a nuclear fuel storage facility in Centervale. The Department of Homeland Security (DHS) is worried because of the extremely high levels of radiation and nuclear particulates contaminating air and water in Center.
The document summarizes a court case involving defendants Robert Martins and Antonio Guastella who were convicted of money laundering, wire fraud, and conspiracy. The defendants appealed their convictions, arguing that the admission of their co-conspirators' guilty plea allocutions violated their rights under the Confrontation Clause. The court found that (1) admitting the plea allocutions did violate the defendants' rights given they could not cross-examine the co-conspirators, but (2) the error was harmless because the evidence against the defendants, such as documentary evidence establishing they set up fake banks together, was overwhelming. The convictions were therefore upheld.
This document summarizes a paper analyzing how key arms exporting states have implemented the OECD Anti-Bribery Convention. It discusses the convention's development from US domestic law to an international agreement. It analyzes implementation by the US, France, and UK, as well as accession by non-OECD states Russia and Israel. The US has been the most committed enforcer, while the UK has lagged. France has done well, motivated partly by domestic politics. Overall implementation has been uneven among states.
This summary order vacates the sentences of defendants Mariluz Zavala and Jose Ibanez and remands their case for de novo sentencing. The district court erred in applying simultaneous role-in-offense sentencing enhancements under different subsections of the guidelines for the same offense. It also failed to undertake a sufficient factual analysis to support a finding that the criminal activity was "otherwise extensive" to justify an enhancement. Additionally, the district court made errors in its grouping analysis of the counts. The case is remanded for the district court to remedy these errors by reassessing which enhancements apply and correctly grouping the counts.
Sur América está gastando más dinero en el campo militar que en décadas" Casa...suvozcuenta
The document discusses military spending in South America, which has increased in absolute terms but remained stable as a percentage of GDP. While not considered a true "arms race", the author argues the spending hinders economic and political development in the region due to competing with education and other public services for limited resources. The document recommends fully utilizing existing transparency agreements and defense cooperation organizations to build trust between countries and help control military expenditures.
The House Budget Committee heard testimony regarding a $85.4 billion funding request for Overseas Contingency Operations (OCO) for 2015, including $79.4 billion for defense and $5.9 billion for state department programs. Committee members questioned whether OCO funding should continue and whether these requests should be in the base budget instead. Witnesses from the department of defense and state advocated for continuing OCO funds, but many committee members were skeptical of OCO and certain funding allocations.
This document discusses discrepancies between the Carter Administration's defense budget and statements from military leaders regarding actual US military capabilities and the growing Soviet threat. It notes that senior military officials have contradicted the premises of the defense budget. While the budget calls for real growth, cuts in previous years have led to shortfalls. The document argues that additional funding is needed to begin addressing imbalances with the Soviet Union. It analyzes votes in the House and Senate budget committees that rejected proposals to increase defense spending for fiscal year 1981.
FindLaw | Justice Dept. Motion to Dismiss Defense of Marriage Actguest8f8287
This document is the United States' motion to dismiss a lawsuit challenging the constitutionality of the Defense of Marriage Act (DOMA). It provides background on DOMA and the procedural history of the case. The motion argues that the plaintiffs lack standing to sue, that DOMA is a valid exercise of congressional authority, and that DOMA does not violate equal protection, due process, privacy, speech, or other constitutional rights. The motion requests that all claims against the United States be dismissed.
FindLaw | Justice Dept. Motion to Dismiss Defense of Marriage ActLegalDocs
This document is the United States' motion to dismiss a lawsuit challenging the constitutionality of the Defense of Marriage Act (DOMA). It provides background on DOMA and the procedural history of the case. The motion argues that the plaintiffs lack standing to sue, that DOMA is a valid exercise of congressional authority, and that DOMA does not violate equal protection, due process, privacy, speech, or other constitutional rights. The motion requests that all claims against the United States be dismissed.
The United States Army conducted an environmental assessment of potential force reductions at 30 installations and determined there would be no significant environmental impacts, only socioeconomic impacts. Both a 2013 assessment and 2014 supplemental analysis examined potential reductions at multiple installations. The Army determined an environmental impact statement was not required. However, the proposed Army force reductions of 70,000 active soldiers would qualify as a major federal action significantly affecting the human environment according to NEPA guidelines, requiring an environmental impact statement to comply with regulations.
061716 - OJECTION(s) To 060716 ORDER & PUBLIC NOTIFICATION (Townsend)VogelDenise
17 USC § 107 (LIMITATIONS On EXCLUSIVE Rights - FAIR USE) - For Educational and Information Purposes!
SPREAD THE WORD - - HELP SUPPORT THE COLLAPSE OF THE UNITED STATES' DESPOTISM TERRORIST GOVERNMENT REGIME!
OBJECTION TO 06/07/16 ORDER DENYING MOTION TO REOPEN CASE. . .(DOCKET NO. 78); TIMELY NOTIFICATION TO BANKRUPTCY COURT ADVISING 06/07/16 ORDER DENYING MOTION TO REOPEN CASE. . . – DOCKET NO. 78 – IS A NONAPPEALABLE ORDER; TIMELY NOTIFICATION OF UNITED STATES CONSTITUTION VIOLATIONS; TIMELY NOTIFICATION OF INFRINGEMENT UPON CONSTITUTIONAL RIGHTS; REQUEST TO BE ADVISED OF CONFLICT-OF-INTERESTS; REITERATION OF MOTION FOR RECUSAL OF JUDGE EDWARD ELLINGTON; AND NOTIFICATION TO THE PUBLIC AND WORLD/FOREIGN LEADERS
This document is a memorandum submitted to the Gaston County Clerk of Superior Court regarding a public records lawsuit filed by Dan Deitz and Ellen Deitz Tucker against the City of Belmont and its City Manager. The memorandum provides background on the lawsuit, which seeks access to an investigative report into the Belmont Police Department that was compiled by a private firm, ISS Agency. The memorandum argues that the ISS report is not a confidential personnel record exempt from disclosure under the public records law, and requests that the court declare the report a public record subject to disclosure in its entirety or require Defendants to produce public portions of the report.
This document is an exhibit to a registration statement filed with the U.S. Department of Justice pursuant to the Foreign Agents Registration Act. It provides details about the foreign principal, Andrii Artemenko of Ukraine, and the nature of the agreement between him and the registrant, Armstrong & Associates, LLC. Specifically, it states that Artemenko is an individual citizen of Ukraine seeking to advance US-Ukraine relations, and that there is no formal written contract between the parties.
The Senate Appropriations Committee met to allocate funding for defense, commerce, justice, science, and legislative matters. Over $575 billion was made available for defense programs including readiness, aircraft, shipbuilding, and missile defense. The Commerce, Justice and Science bill allocated $8.5 billion, $27.8 billion, and $18.3 billion respectively. Finally, nearly $4.3 billion was approved for the legislative branch including funds for the Senate, Capitol Police, and Library of Congress. Several amendments were proposed but did not pass, including one to transfer prisoners from Guantanamo Bay and another regarding Arctic concerns.
Leon Fresco June 3, 2016 Flores memorandumBryan Johnson
This document responds to Plaintiffs' motion to enforce the Flores Settlement Agreement and appoint a special monitor. It argues that CBP has implemented standards and procedures to ensure compliance with the Agreement, monitors compliance, and that its facilities comply with the Agreement. It also argues that ICE family residential centers operate in a manner consistent with prior court orders. The document provides background on CBP and ICE facilities and asserts that Plaintiffs' motion seeks to improperly re-litigate issues already decided by the court.
1. UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
NORTHERN DIVISION
Sgt. Bryan James Strother JUDGE:
(California Army National Guard) Case:
Individually and on behalf of all others
Similarly Situated (Plaintiffs).
Plaintiff,
-vs-
Adjunct General David S. Baldwin (successor to Maj. Gen. William H. Wade II)
The State of California National Guard,
Robert Hale Pentagon Comptroller
United States Department of Defense,
Defense Finance and Accounting Service (DFAS)
both Individually and in their official capacities,
Defendants.
/
Daniel C. Willman (P55867) Pro Hac Vice
248-231-0705
PO 118 South Lyon, MI
48178
Attorney for Plaintiff
danirlcwillman@aol.com
/
CLASS ACTION COMPLAINT
Now comes Plaintiff SGT. BRYAN JAMES STROTHER (California Army National
Guard), individually and on behalf of all others SimilarlySituated Plaintiffs via (FRCP 23), by and
through his attorney Daniel C. Willman and asserts the following:
JURISDICTION AND VENUE
1. Defendant General David S. Baldwin is a resident of the State of California, Defendant Robert
Hale Pentagon Comptroller oversees the United States Department of Defense, Defense Finance
and Accounting Service DFAS and has sufficient minimal contacts within this Courts jurisdiction.
2. Plaintiff is a resident of the State of California.
3. This Court has Jurisdiction to hear this matter under 28 U.S.C. §1331 (Federal Question) via The
2. the Fourteenth Amendment to the Constitution of the United States and Article VI , Sec; 2
Supremacy Clause of the United States Constitution, 28 U.S.C§ 2202 (Further relief) 28 U.S.C. §
1391 Venue generally. 28 U.S.C.§1361 Compel, 28 U.S.C.§ 1361, Mandamus. F.R.C.P. 4(e) and
California long-arm statute C.C.P. § 410.10 Jurisdiction Exercisable.
CLASS ACTION STATUS
4. This matter involves the illegal actions of the California Army National Guard and its recoupment
of retention and other bonuses paid to over 16,000 service personnel, said personnel who acted in
good-faith when entering into legal binding contracts with the California Army National Guard,
resulting in said members being retained in the California Army National Guard.
5. In most all cases the Statue of Limitations (California Code of Civil Procedure § 3371
) for
Contracts had long expired yet the California Army National Guard has knowingly engaged in
ignoring the applicable SOL, and has acted to recoup bonus monies.
6. Most actions for recoupment are from retention bonuses given in 2006-2007, the longest
applicable SOL statue in regard to these Contracts is 4 years.
7. Plaintiff Sgt. Byran James Strother signed his contract and received his bonus after being
ORDERED to go to a retention seminar (Exhibit # ), Plaintiff Sgt. Byran James Strother and other
Similarly Situated Plaintiffs were advised and counseled to accept the retention bonus.
8. Plaintiff Sgt. Byran James Strother acted in good-faith when given the retention bonus.
9. The class of Plaintiffs is so numerous that joinder is impracticable.
10. Common question/ issues of law and fact are common among the class.
11. The claims and defenses of Plaintiff Sgt. Byran James Strother are representative and typical
of the class.
12. The class is so vast that the risk of creating inconsistent or varying adjudications would
1
California Code of Civil Procedure § 337 Within four years: 1. An action upon any
contract, obligation or liability founded upon an instrument in writing.
1
3. establish incomparable standards of review resulting in a severe burden and waste of judicial
resources on a National level, infra.
13. Plaintiff Sgt. Byran James Strother and his counsel will fairlyand adequatelyprotect the interest
of all plaintiffs.
14. Plaintiff Sgt. Byran James Strother has maintained a file in this matter which fills two binders.
15. In all probability Plaintiff Sgt. Byran James Strother has maintained more paper work in this
matter then most Similarly Situated Plaintiffs’ inthis class, and would be a excellent representative.
16. Plaintiff Sgt. Byran James Strother and his counsel have worked closelyonthis matter over the
course of 2 (two) years and the appointment of any other counsel would prejudice Plaintiff.
17. Based upon the 11th
Amendment and supporting case law this is not a typical class action
against a corporation that will end with Plaintiffs getting a cash settlement (where really only the
attorneys make money).
18. Plaintiff has also brought State claims that could result in a cash settlement but such claims are
brought here now to preserve any possible rights and not to waste time and resources in seeking at
a later date leave to amend to bring such claims.
19. Though there will be an effort to raise funds from the class to help fund this matter the relief
sought is declaratory in nature, seeking a complete stop of the recoupment of bonus monies and the
repayment of monies illegally taking from all Plaintiffs.
20. The basic thrust of Plaintiffs is 42 U.S.C. 1983 Failure to Train.
DFAS
HISTORY OF INTENTIONAL
SIGNIFICANT INSTITUTIONAL DEFICIENCIES
INCLUDING BUT NOT LIMITED TO FALSE DOCUMENTATION
21. Via a 1990 law every department of the United States Government is to be held accountable for
all expenses annually.
22. Since 1996 (the first year it was to be audited) the United States Department of Defense has not
accounted for 8.5 trillion in spending
2
4. 23. The DFAS . . . .ran, and still runs, on COBOL, a computer language that dates to 1959. Most of
the COBOL code the Pentagon uses for payroll and accounting was written in the 1960s, according
to 2006 congressional testimony by Zack Gaddy, director of DFAS from May 2004 to September
2008 . . . "sevenmillionlines of COBOLcode that hasn't been updated" in more than a dozen years.
(Source see footnote #3)
24. The DFAS has scores of archaic accounting systems leading to a report by the “Defense
Department inspector general found "significant deficiencies" in DFAS's own internal auditing
organization . . . failure to "exercise sufficient professional judgment," ineffective quality-control
monitoring and failure to comply with required accounting standards.
25. The secretary of defense’s office and the heads of the military and DFAS have for years
knowingly signed off on false entries. “I don't think they're lying and cheating and stealing
necessarily, but it's not the right thing to do,” Pentagon Comptroller Robert Hale.2
26. When retired four-star general Peter Schoomaker returned to active duty after the United States
invaded Iraq the DFAS, stopped his retirement checks, he did not get paid for months, DFAS sent
a letter to his wife offering condolences, and the letter spelled his name three (3) different ways.
Source footnote #2 infra..
27. All of the above led General Shoomaker to state:
If the Chief of Staff of the Army is treated that way," Schoomaker says, "you can
imagine how a private is treated."3
2
Unaccountable "The high cost of the Pentagan's bad bookkeeping. Part 2. Faking It
Behind the Pentagon's doctered ledgers a running tally of epic waste Scot J. Paltrow : November
18, 2103 http://www.reuters.com/investigates/pentagon/#article/part2
3
Unaccountable "The high cost of the Pentagan's bad bookkeeping. Part 1. Number
Crunch July 2, 2013 How the Pentagon’s payroll quagmire traps America’s soldiers By Scot J.
Paltrow and Kelly Carr http://www.reuters.com/investigates/pentagon/#article/part1
3
5. 29. The DFAS cannot account for 8.5 trillion in military spending since 1996 except for one class
of items, enlistment bonuses, bonuses given to some 100,000 military personnel including over
16,000 in the California National Guard, bonuses that do not come close to the cost of the failed and
abandoned 1 billion accounting system once heralded by the DFAS.4
30. DFAS did sanctimoniously and without impunity burden5
service personnel for some $300.
million it alleges it can trace with undeniable accuracy.
31. The DFAS has a long detailed history of Plugging in fake numbers “Plugs” to justify any
accounting action.6
-7
4
The Defense Integrated Military Human Resources System, or DIMHRS (pronounced
DIME-ers), a decade long failed attempt to implement a new integrated accounting system.
Source see footnote 4-Paltrow, Carr.
5
Unaccountable "The high cost of the Pentagan's bad bookkeeping.
Part 1. Number Crunch July 2, 2013
How the Pentagon’s payroll quagmire traps America’s soldiers
By Scot J. Paltrow and Kelly Carr
http://www.reuters.com/investigates/pentagon/#article/part1
6
Unaccountable "The high cost of the Pentagan's bad bookkeeping. Part 2. Faking It Behind the
Pentagon's doctered ledgers a running tally of epic waste
Scot J. Paltrow : November 18, 2103
http://www.reuters.com/investigates/pentagon/#article/part2
7
Federal New Radio-IG turns 'blind eye' to DFAS fudged financial records, Grassley
reports: By Shefali Kapadia; November 26, 2013 6:59 am
Chuck Grassley (R-Iowa) on financial statements from the Defense Department’s accounting
agency, the Defense Finance and Accounting Service (DFAS) . . . . In addition to potentially
falsified financial statements, Grassley reports found the work performed by DFAS to be
substandard.”The DFAS audits were deliberately fumbled and fudged, and all the bungling
that took place acted to screen pervasive inaccuracies in DoD’s financial reports from public
view,”. . . .
4
6. 33. In 2011 Then Secretary of Defense Robert Gates described the Pentagon's business operations
as "an amalgam of fiefdoms with out centralized mechanisms to allocate resources, track
expenditures, and mearsure results . . . . Which is true today. 8
-9
COUNT I
VIOLATION
§ 42 U.S.C. 1983 FAILURE TO TRAIN
34. Plaintiff incorporates by reference all proceeding and following paragraphs
35. Acting under Color of Law the California Army National Guard offered retention bonuses to
thousands of it’s members and now seeks to recoup those monies eventhough the applicable statute
of limitations has long since passed.
36. The California ArmyNational Guard members ( that were not recruiters, those splittingbounties
or officers) that received retention bonus monies did so in good-faith.
37. Plaintiff Sgt. Byran James Strother joined the California Army National Guard in 2001.
38. In March 2006 Plaintiff Sgt. Byran James Strother and other California Army National Guard
members were ordered to go to a retention seminar (Exhibit # ???).
8
Scot J. Paltrow : November 18, 2103 Part 2 supra
a) The Pentagon has lost track of over half a trillion dollars in unaudited venders contracts.
b) The Army has lost track of billions in supplies.
c) They still use COBOL and old mainframes from the 1970's to track accounting
9
The Center for Strategic and International Studies said that while the Defense
Department was spending “in excess of $10 billion per year on business systems modernization
and maintenance, (o)verall the result is close to business as usual.” Paltrow Part 2 Supra.
5
7. 39. At the above mentioned retention seminar California Army National Guard members were put
into an assembly line were they signed contracts to stay in the California Army National Guard.
40. Acting “Under Color of Law” California ArmyNational Guard members were givenadvice and
counsel by superiors to extend their time in the guard (AR 135-parg 5-1.41(b)(2) Exhibit #1,
paragraph 1). California Army National Guard members then signed the contracts acting in good-
faith in reliance from California Army National Guard superiors in attendance.
41. The California Army National Guard contract signed by Plaintiff Sgt. Byran James Strother
required him to remain in the same MOS (job) for 3 (three) years.
42. Plaintiff Sgt. Byran James Strother at the time held a MOS of a 25C and still is a 25 (Exhibit#4).
43. As the 20 pages in Exhibit #4 show Plaintiff Sgt. Byran James Strother has been a Radio
operator for decades. Starting in 1997 Plaintiff had a MOS of 31C, 31C then became a 25C. Other
pages in Exhibit #4 show Plaintiff was a 25C20, 25C30 etc... the 20 or 30 following the C indicate
a change in Rank such as going from a E4 to a E5, the MOS is still the same.
44. The California Army National Guard and The Department of Defense, Defense Finance and
Accounting Service herein (DFAS) falsely contends Plaintiff Sgt. Byran James Strother , violated
AR135-parg5-1.41(b)(2),DODI1205.21Sec E5.1.1.7/Pre 20081003, DODI 1205.21Sec E8.1.1.3,
NGR 600-7 para 5-7 (a), Title 37 USC 16301/NDAA05 (Exhibit #1f).
45. The California Army National Guard and The Department of Defense, Defense Finance and
Accounting Service (DFAS) falsely contends that Plaintiff Sgt. Byran James Strother switched his
MOS within the 3 (three) year period, In violation of ,Title 37 USC Sec § 331.
46. Plaintiff Sgt. Byran James Strother has never switched his MOS or sought to switch his MOS
as cited supra and is still a 25C.
6
8. 47. Plaintiff did go to a school to receive additional training(11B) but uponcompletionhe still held
a MOS of 25C (see Exhibit#4. Pg). The 11B training was a school offered to many, but not for the
purpose to obtain a new MOS, the school was offered as additional training to help troops prepare
to handle other duties in the field of combat (Exhibit #).
48. California Army National Guard via The Department of Defense, Defense Finance and
Accounting Service (DFAS) also has contended that Plaintiff Sgt. Byran James Strother was a 21n
but there is zero proof to even show he went to school to be a 21n (Exhibit#5).
49. The California Army National Guard The Department of Defense, Defense Finance and
Accounting Service (DFAS) has alternatively asserted Plaintiff Sgt. Byran James Strother held a
MOS of 25C Radio Operator in March 2007, then switched to MOS 11B Infantry and a 13E Echo
also in March 2007.
50. Within months of signing the retention bonus, Plaintiff Sgt. Byran James Strother was sent to
Iraq as were other Similarly Situated Plaintiffs.
51.Orders callingPlaintiff Sgt. ByranJames Strother to active dutydated May15,2007clearlyshow
he was a 25C. (Exhibit #)
52. February 25. 2006, DA FORM 1059 box 5. shows Plaintiff Sgt. Byran James Strother had a
SPECIALTY/ MOSC of 25C20. Box6. COURSE TITLE 11B10 MOSQ Basic Infantry Course #06-
004. Box 3. Indicates Rank.
53. In NCO EVALUATION REPORT form DA Form 2166-8, Part I box e. shows Plaintiff Sgt.
Byran James Strother PMOS (the P is for Primary) as 25C30. Part III box.b of the same form shows
Duty Mos 13B30 (Exhibit#4 )
54. Plaintiff Sgt. Byran James Strother DD 214 discharge fromactive dutypaper, show that he was
in active service June 6, 2007 to June 6, 2008. Box 11. clearly indicates Primary Specialty of
7
9. Plaintiff Sgt. Byran James Strother 25C30 Radio Oper/Maint- 21 Yrs 7 MOS...
55. In 2012 the California Army National Guard sent notice to Plaintiff Sgt. Byran James Strother,
that the California Army National Guard deemed his bonus to be in error that the bonus must be
recouped.
56. The California Army National Guard has starting recouping bonus monies from Plaintiff Sgt.
Byran James Strother and other Similarly Situated Plaintiffs.
57. The California ArmyNational Guard did allow Plaintiff to contest the matter internally. It is the
contention of the California Army National Guard that Plaintiff Sgt. Byran James Strother did not
keep the same (MOS), contraryto - Title 37 Pay and Allowances § 331. General bonus authority
for enlisted members (exhibit#).
58. Plaintiff Sgt. Byran James Strother has given the California Army National Guard and The
Department of Defense, Defense Finance and Accounting Service (DFAS) the proper documention
several times but they refuse to admit/aknowledge that Plaintiff never change his MOS.
59. The refusal to acknowledge Plaintiff Sgt. Byran James Strother did not change his MOS is either
intentional or shows a complete lack of understanding (Training) by The Department of Defense,
Defense Finance and Accounting Service (DFAS) of how to track the MOS of a California Army
National Guard member.
60. The failure of The Department of Defense, Defense Finance and Accounting Service (DFAS)
to keep proper records and in fact plug in to documents whatever they wish is well established/
documented .
61. The collection/recoupment is well beyond the Statute of Limitations (SOL) and Plaintiff Sgt.
Byran James Strother and other SimilarlySituated Plaintiffs, do notowe anymonies to the California
Army National Guard because the running of the SOL makes the matter moot as a matter of law.
62. There has been wide spread corruption in the California Army National Guard in regard to
8
10. recruiting.
63. The Corruption has ranged from, recruiters collecting bonus bounties10
for recruits they did not
sign up, to other recruiters processing thousands of claims including handing out bonus to the very
Top Brass of the California Army National Guard, a General who was forced into retirement.
64. The wide spread recruiting fraud of the California ArmyNational Guard was due to a complete.
failure to train, failure to oversee and actual participationand illegal schemingbyrecruiters and Top
Brass. Top Brass caught with their hands in the cookie jar besides the Adjunct General in charge
of the Guard includes Generals, Majors, Captains 11
, some receiving in excess of $100,000
(Exhibit#).
65. The failure to train is not isolated to a few instances but instead was part of series of intentional
acts of, greed, illegal activity, gross systematic incompetence indifference and fraud, reaching to all
corners of the United States National Guard, from North12
to South13
from East14
to West15
.
10
Recruiter Nicholas Huerta, 33, of Fresno, pleaded guilty to wire fraud for scheme
involving military recruiting bonuses, United States Attorney Benjamin B. Wagner announced.
Announced Monday September 14, 2015. Source U.S. attorneys Office Eastern District of
California.
http://www.justice.gov/usao-edca/pr/california-army-national-guard-member-pleads-guilty-
charges-recruiting-fraud-0
http://www.justice.gov/usao-edca/file/771176/download
11
Guard audits . . . . found that at least 115 service members – most of them officers –
committed fraud or acted improperly. Following are some of key players who benefitted from or
led the problem program. (Exhibit #)
http://www.sacbee.com/news/investigations/article2580420.html
By Charles Piller - cpiller@sacbee.com
12
Minnesota 2-12-14
http://www.military.com/daily-news/2014/02/13/recruiting-scandal-hits-minnesota-national-
9
11. As noted by USA TODAY Pentagon correspondent Tom Vanden Brook, February
3rd
, 2014:
The Army National Guard launched the Recruiting Assistance Program in 2005 to
bolster its ranks, which had thinned during the wars. It was later expanded to the
Army Reserve and active-duty Army. In essence, it paid soldiers for referrals of
recruits. After audits turnedupevidence of potential fraud, the programwas canceled
in 2012. . . .
An Army audit found that 1,200 recruiters had received payments that were
potentially fraudulent, and another 2,000 recruiting assistants had received
questionable payments. More than 200 officers remain under investigation.
In all, the Guard paid more than $300 million for more than 130,000 enlistments.
Bonus payments went to 106,364. 16
66. In2011 Maj. Gen. WilliamH. Wade II, who led the California ArmyNational Guard from2005-
guard.htm
http://www.startribune.com/recruiting-scandal-hits-state-minnesota-national-guard/245202901/
13
Texas 11-9-12
http://www.justice.gov/opa/pr/army-national-guard-recruiter-admits-crimes-fraudulent-
recruiting-referral-bonus-scheme
14
New York
https://www.fbi.gov/washingtondc/press-releases/2014/five-army-national-guard-officials-and-
one-civilian-charged-with-bribery
15
California. Supra, Infra.
16
http://www.usatoday.com/story/news/nation/2014/02/03/army-national-guard-bogus-bonus-
payments-iraq-afghanistan/5182717/
10
12. 2011 was forced to retire the from California Army National Guard due his intentional personal
active involvement in taking/raiding unjustifiedly and illegally some $155,000 17
California Army
National Guard funds.
67. Maj. Gen. William H. Wade II was only ordered to pay back funds some $80,000 for his last
22 months of service because of the Statute of Limitations.
68. The sum sought to be collected from Plaintiff Sgt. Byran James Strother and other Similarly
Situated Plaintiffs has seen the applicable Statute of Limitations run. Additionally all Plaintiffs
relied in good-faith of the counsel and advice they were given at retention seminars they were
ORDERED to attend supra.
69. In 2011 General David S. Baldwin was appointed by Gov. Jerry Brown to lead the California
Army National Guard .
70. In regard to the California Army National Guard Gen. Baldwin has described the problems as
"monumental," and the solution as cultural change for anorganizationthat had "lost its way, ethically
and morally." 18
-19
-20
71. Plaintiff Sgt. Byran James Strother and other Similarly Situated Plaintiffs are not “grifters” as
whistleblower Capt. Clark cited but are in fact victims of one the most aggresses mass frauds in
17
At the time General Wade had not paid back one cent and was stationed in Italy
working for NATO, as to why his pay was not garnished and how he was with NATO is truly
disturbing and distressful to all the Honest enlisted personnel being humiliated to date.
18
http://www.sacbee.com/news/investigations/article2573399.html
19
http://www.pbs.org/wnet/need-to-know/the-daily-need/investigating-corruption-in-the-california-
national-guard/7624/
20
http://www.kcra.com/news/ca-national-guard-bonus-scandal-leads-to-guilty-pleas/29870728
11
13. U.S. Military history.21
72. Plaintiff Sgt. ByranJames Strother has always served and acted withhonor includinghis greatest
honor of serving as a honor guard at funerals for deceased U.S. Military personnel (Plaintiff Sgt.
Byran James Strother was in fact on the cover of the Grizzly 22
in regard to this solemn duty he
considers his greatest honor). 23
73. How can any enlisted personnel or recruit ever have any trust/faith in any bonus system
unless the relief sought here is given.
Wherefore, Plaintiff respectfully request the declaratory relief requested, adjoining
completely The California Army National Guard, The United States Department of Defense,
Defense Finance and Accounting Service (DFAS) or any other entity from attempting to recoup
monies paid as retention/re-enlistment, or enlistment bonus (or any other name given) and that any
monies recouped to date should be returned to Plaintiffs. And award such damages as are
reasonable, just and necessary.
COUNT II
BREACH/IMPAIRMENT OF CONTRACTS
74. Plaintiff incorporates by reference all proceeding and following paragraphs
21
I was shocked. I did everything I thought right. I signed the contract. I've held up every
end of my end of the deal," said Mosley.
http://abc7.com/archive/9273851/
22
http://www.calguard.ca.gov/PA/Documents/GrizzlyMarch2013.pdf#search=march%202013%20i
ssue
23
Plaintiff takes great issue with anyone who lumps Plaintiffs into the small group of
thieves noted supra and infra.
In October 10 2010 Article Whistleblower-Capt. Ronald S. Clark, a federal auditor stated in part’
. . . . He called it "war profiteering." . . . ."I don't like grifters," . . . who steal taxpayer funds or
protect thieves." . . . [and that] . . . Most student loan repayments, those documents show, were
drawn from money designated for combat vets. Yet a large portion of those funds went to Guard
members who hadn't served a day at war.
By Charles Piller - cpiller@sacbee.com October 10, 2010 Plaintiff was sent to Iraq with
months. This article also docuemnts the schredding of documents etc...
12
14. 75. Plaintiff ingood-faithentered into a contract withthe California ArmyNational Guard in March
of 2006.
53. Plaintiff performed all duties under the contract.24
76. Defendant has breached the contract by illegally recouping monies.
77. As result of the above Plaintiff has damages and seeks Declaratory relief adjoining Defendant
from any further attempts and/or acts of recoupment.
78. Plaintiff has fulfilled his contract. Any “ex post facto Law” passed by the State of California
to extend the backthe reaches of the Statute of Limitations (SOL, California Code of Civil Procedure
§ 337) is a direct violation of the Contracts Clause of the Constitution of the United States of
America (Article I, section 10, clause I)
78. Plaintiff Sgt. Byran James Strother and other Similarly Situated Plaintiffs were ordered to
retention seminars, offered re-enlistment retentionbonus or were offered such bonuses directly by
recruiters.
79. The RetentionBonus seminars were infact a front to bloaster the Ranks of the California Army
National Guard , in order to meet National quotas.
80. The California Army National Guard thenmade false assertions that Plaintiff Sgt. ByranJames
Strother and others switched their MOS (job descriptions) within 3 years and had to paybackbonus
monies.
81. Alternatively and in addition to, the MOS allegaations the California Army National Guard
claims that many MOS (jobs) were not eligible for Bonuses.
82. In Order to inflate their ranks, meet quotas and line their pockets the California Army National
Guard conned Plaintiff and others into re-enlisting, This deceit revolves around the fact that the
California Army National Guard knew Plaintiffs would re-enlist and that the California Army
National Guard would recoup all monies (classic bait and switch).
83. This wilful deceit was not related to one incident or evena few, this act of malice was repeated
13
15. systemically and intentionally over 16,000 times in Califorina alone. 25
84. In 2005 Reserve Ranks were 20% below the recoupment goal, 20,000 below its overall target,
causing the Guard leader to call it a “hollow force”. USA TODAY Pentagon correspondent Tom
Vanden Brook, February 3rd
, 2014.
85. All of the fraud in the California Army National Guard and the National Guard in other States
of the Union essentially revolves around several hundred people consisting of, recruiters and their
Superior Officers, committing an unprecedented mass fraud upon regular enlisted personnel all of
whom enlisted or re-enlisted in the California Army National Guard and the National Guard during
a time of War.
Wherefore, Plaintiff respectfully request the declaratory relief requested, adjoining
completely The California Army National Guard or any other entity from attempting to recoup
monies paid as retention/re-enlistment, or enlistment bonus (or any other name given) and that any
monies recouped to date should be returned to Plaintiffs. And award such damages as are
reasonable, just necessary.
COUNT III
INTENTIONAL MISREPRESENTATION
86. Plaintiff incorporates by reference all proceeding and following paragraphs.
87. Defendant made intentional misrepresentations of material fact to Plaintiff, Defendant
represented to Plaintiff that he was eligible or re-enlistment bonuses.
88.Defendants representations were false and/or Defendant made numerous misrepresentations with
25
General Wade was given an Award in 2008 for adding members to the California Guard.
http://www.ausa.org/meetings/NationalAwardsAUSA/Pages/2008-
MajGenWilliamHWadeII.aspx
14
16. knowledge of its falsity
89. Defendant made the misrepresentations with the intent to induce the Plaintiff to rely on the
misrepresentations
90. Defendant knew that their representations were false when they made them, or they made the
representation recklessly and without regard for its truth.26
91. Plaintiff relied upon the misrepresentation.
92. Plaintiff was harmed by the misrepresentations and has suffered damages as a result.
Wherefore, Plaintiff respectfully request the declaratory relief requested, adjoining
completely The California Army National Guard or any other entity from attempting to recoup
monies paid as retention/re-enlistment, or enlistment bonus (or any other name given) and that any
monies recouped to date should be returned to Plaintiffs. And award such damages as are
reasonable, just necessary.
COUNT VI
DECEIT OR INTENTIONAL FRAUD
93. Plaintiff incorporates by reference all proceeding and following paragraphs.
94. Defendant’s intentionally took false actions, made false statements, misrepresentations, false
representations, engaged in concealment, and/or non-disclosure
95. Defendant had knowledge of the falsity of their actions and statements or lackthereof, and acted
with scienter.
96. Defendant’s actions were intended to defraud, i.e., and to induce reliance by Plaintiff
97. Plaintiffs reliance was justifiable reliance.
98. Plaintiff has suffered damages.
Wherefore, Plaintiff respectfully request the declaratory relief requested, adjoining
completely The California Army National Guard or any other entity from attempting to recoup
monies paid as retention/re-enlistment, or enlistment bonus (or any other name given) and that any
15
17. monies recouped to date should be returned to Plaintiffs. And award such damages as are
reasonable, just necessary.
CONCEALMENT FRAUD:
99. Plaintiff incorporates by reference all proceeding and following paragraphs.
100. Defendant concealed or suppressed a material fact,
101. Defendant had a duty a fiduciary duty to disclose the true facts to the plaintiff.
102. Defendant intentionally concealed or suppressed the true facts with the absolute intent to
defraud the Plaintiff.
103. Plaintiff was unaware of the true facts and would not have acted as he did if he had known of
the concealed or suppressed facts.
104 . As a result of the concealment or suppression of facts, Plaintiff sustained damage.
Wherefore, Plaintiff respectfully request the declaratory relief requested, adjoining
completely The California Army National Guard or any other entity from attempting to recoup
monies paid as retention/re-enlistment, or enlistment bonus (or any other name given) and that any
monies recouped to date should be returnedtoPlaintiffs.And award suchdamages as are reasonable,
just necessary.
REQUEST FOR RELIEF
For all the reasoning cited supra all the Plaintiff’s ofthis actiondeserve the requestedrelief.
Wherefore, Plaintiff respectfully request the declaratory relief requested, adjoining
completely The California Army National Guard or THE DFAS or any other entity from attempting
to recoup monies paid as retention/re-enlistment, or enlistment bonus (or any other name given) and
that any monies recouped to date should be returned to Plaintiffs. And award such damages as are
reasonable, just and necessary.
Plaintiff further request the Court issue a Writ of Mandamus ordering General David S.
Baldwin (or any successor of his) of The State of California National Guard and Robert Hale
Pentagon Comptroller (or any successor of his) at the United States Department of Defense, Defense
16
18. Finance and AccountingService (DFAS),adjoiningcompletelyThe California ArmyNational Guard
or THE DFAS or any other entity from attempting to recoup monies paid as retention/re-enlistment,
or enlistment bonus (or any other name given) and that any monies recouped to date should be
returned to Plaintiffs. And award such any other damages as are reasonable, just and necessary.
REQUEST FOR COST AND ATTORNEY FEES
Plaintiffrequests thatthis Court award reasonable cost and attorneyfees as allowed byeither
Federal and/or State law.
6. Jpeg
==============================================================
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing paper, plus attachments with the
court using the ECF system which will send notification of such filing to the following and/or I
hereby certify that I have given notice of said filing by personal service of process or by mail
using the United States Postal Service and will do so until the proper ECF respondent for each
defendant is identified.
General David S. Baldwin
The State of California National Guard
AND
Robert Hale Pentagon Comptroller
United States Department of Defense,
Defense Finance and Accounting Service (DFAS)
Dated: 1-17-16 s/ Daniel C. Willman
DANIEL C. WILLMAN (P55867)
Attorney for Plaintiff
P.O. Box 118
South Lyon, MI 48178
(248) 231-0705
danielcwillman@aol.com
17