Fred
This One Didn't Make the Congressional Hearings on CNN
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Dear Fred,
As you may know, I filed a civil action against the IRS the US District Court (Los Angeles). My case was heard by Judge Pregerson. The treatment I received at the hands of the Federal Court was a real eye opener. Now, I am not the kind of guy to generally complain about takin' a whooping. After all, if you want to punch the biggest guy on the block in the mouth, you'd better be ready to receive in return.
However, I entered the process believing that the Court might give the government some slack; and make matters fairly difficult for me, but what I had never contemplated was out-and-out lawlessness by the court. Here is a prime example: On August 8, 1997 (about two months after I filed my suit), my wife came home from work to find a 12-man US Marshall's tactical team (in full regalia) surrounding our home and a private moving company removing all of the furniture from our house. Present at the scene were also several IRS Special Agents, and two Revenue Officers with whom I am well familiar and who were named in my suit. My wife asked if they had a court order. Lo and behold they did! Well, since the IRS had never brought a civil action against me and had never been awarded a money judgement, I was baffled as to how they got a court order. It turns out that they filed a civil action against me just a few days before. They did not serve me, nor did they serve my attorney. They then took the "filing" before a judge (guess who.Yep, Pregerson) and asked him for a pre-judgement writ of attachment. Now, anyone who knows the slightest thing about the law and the courts, knows that the very first thing that a court must do in order to assume jurisdiction in a civil action is to verify that the defendant has been served. If the defendant has not been served, the court cannot assume jurisdiction over the case. Additionally, they were asking permission to do exactly the thing (collect taxes allegedly due) that I cited in my suit as causing my civil injury. At this point the judge was under a duty to combine the cases and consider us cross-complainants. Did he do that? Of course not. Although the judge would not issue a pre-judgement writ of attachment, instead he issued a court order setting aside my 4th Amendment rights and granting the government permission to enter my home for the express purpose of removing all items of value (except personal records).
For the life of me, I cannot figure out how he had the right to issue such an order. Of course, that's not too strange because no attorney, para-legal, or other legal expert could figure it out either when shown a copy of the court order. Now one might think that that's bad enough, but of course since it involves the IRS we know there's more. Two days after they seized all of our belongings, they filed a motion with Pregerson to dismiss their civil suit against me! And of course being the dear sweet human being that he is, he granted their motion to dismiss. Now, when my attorney filed a motion asking the court to acknowledge that it did not have had any jurisdiction for creating the order because the defense had never been served, and thus had committed an unlawful act and also requesting that the judge order the IRS to return the belongings to our home,
Pregerson did not even give my attorney the respect of an answer from the bench. Pregerson simply stood up, walked down the stairs from his bench, and as he reached for the door handle to exit the court, he looked back over his shoulder at my attorney and said, "Motion denied and if you don't like it, appeal." He did not even call the court into recess. I just walked out of the room.
Dave Champion djranch@earthlink.net
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