Snellville, GA 30039 USA Fax: 770-469-6279 U.S. SECURI TI ES AND EXCHANGE Plaintiff vs. THOMAS J. LAWLER and FREEDOM FOUNDATION USA L L C dba FREEDOM CLUB USA Defendants DIVINE SPIRIT L L C, ORDER PROCESSING L L C , PROSPERI TY SOLUTIONS L L C, and VI OLET BLESSINGS L L C Relief Defendants F I L E D IN C L E R K ' S OFFICE U.S.D.C. AUanta OCT I 0 2011 ^JAMES N. HATTEN, Clerk Civil Action File No. l:14-CV-2468-AT STATEMENT FOR DISMISSAL WI TH PREJUDI CE Parties 1. Defendant: Thomas John Lawler, manager of the following LLCs residing in the United States of America, FREEDOM FOUNDATION USA LLC dba FREEDOM CLUB USA, registered i n the state of Nevada, the United States of America, VIOLET BLESSINGS LLC, ORDER PROCESSING LLC and DIVINE SPIRIT LLC, each registered in the state of Missouri, the United States of America. 1 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 1 of 10 JUDICIAL NOTI CE 3. Defendant(s) claim all rights at all times and waive none of them at any time for any cause or reason. 4. Defendant (s) claim substantial Due Process rights to have Findings of Facts and Conclusions of Law published with any order ofthis court. 5. Defendant (s) reserve the right to supplement and/or amend this Statement as needed, due to anticipated foreseeable harmful actions against Defendant(s) during the course of what is being called an "investigation" but in reality is nothing short of a witch hunt. GENERAL BACKGROUND 6. The Defendant(s) institute this action for dismissal of this claim against Defendant(s) for serious crimes perpetrated against Defendant(s) including multiple violations of economic crimes and other crimes against humanity, of which the Plaintiff is a part, and for terrorism upon which relief as detailed herein, must be granted. BACKGROUND. FACTUAL ALLEGATI ONS AND BRI EF IN SUPPORT 7. This matter is multi-faceted based on an active legal action filed against Defendant(s) and wi l l be detailed herein to give understanding and clarity as to the basis for this abuse and the depth of misuse and bastardized interpretation of law, resulting in bringing great harm upon the very people they state they are protecting. This claim arises from certain vicious and harmful allegations on the part of Plaintiff, which include but are not limited to, UNREGISTERED OFFERING OF SECURITIES and FRAUD as published in an active "investigation", and an ensuing lawsuit filed against Defendant(s) of which the Plaintiff plays a complicit role, as well as other unnecessary and harmfiil actions on the part of the Plaintiff against of which Defendant(s) Thomas John Lawler and Diane Jean Lawler representing the true Beneficiaries, of the corporate colorable Limited Liability Companies, all of which Defendant(s) Thomas John Lawler and Diane Jean Lawler represent and who are being harmed. Said actions are baseless and void of any substantive fact or good cause. 2 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 2 of 10 8. For 10 years, Defendant, Thomas John Lawler has successfully operated its company FREEDOM FOUNDATION LLC (FFUSA) in all 50 states. It has designed a simple administrative procedure utilizing the Uniform Commercial Code (UCC) whereby member participants are provided a remedy to be compensated for fraudulent bank loans and IRS payments. Since the US bankruptcy of 1933 and the extraction of Gold and Silver from the people, "real money" was replaced with "fiat money" through HJR192 by FDR. 9. To support these fiat dollars, each individual's birth certificate was pledged as value to the world cestui que trust providing each individual a CAPITALIZED NAME, as their beneficiary name. Thus, when borrowing from a Federal Reserve Bank, the alleged borrower's signature on the promissory note is the banks authorization through the FED to exchange the note for the trust "money" giving the illusion the bank had loaned their own hands. This is the basis for the notarial protest process. 10. Additionally, the IRS came into existence to collect the interest on the borrowed "fiat" money by the US govemment by the FED. Since it is unconstitutional to tax income on wages since it is not an apportioned tax, the IRS "codes" each filer's master file and creates an offshore address for them (often Puerto Rico) and changes the filers occupation to ATF sales (Alcohol, Tobacco or Firearms) which is a taxable offshore occupation. This is the basis for the IRS notarial protest process. 11. The process utilizes a notary who certifies that each of three notices has been sent to the respective bank or IRS. These notices detail typically thirty plus offenses committed by the bank or IRS in their loan creation and collection schemes. Each notice contains a claim amount based on the amount of monies paid to the institution: for banks principle and interest paid; for the IRS taxes and fines paid. The notary fiirther certifies i f any responses are returned with viable defenses of the challenges presented to them on a point by point basis. To date, no bank or IRS response has properly refuted a single item nor the penalty assessment for compensatory and punitive damages. Since an unreftited notice stands as truth, the notary, under the UCC rules administers a notarial protest creating a default judgment for the amount stated in the notice. 12. Since the corporate US Govemment is still i n chapter 11 bankruptcy, the judgment's claim is then submitted to the US Treasury with supporting documentation for 3 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 3 of 10 payment under the bankruptcy. This entire process of the notarial protest and subsequent payment is referred to in this document as an Administrative Remedy (AR). 13. It has taken FREEDOM FOUNDATION USA LLC (FFUSA) 9 of these 10 years to discover the pathway to pay these claims and has been mailing and faxing the US Treasury Secretary Jack Lew and President Barack Obama repeatedly this last year. Do to the bureaucracy of the govemmental system, it took support fi-om IMF head Christine Legarde, UN Secretary-General, Ban Ki-Moon and US UN Ambassador, Samantha Power to finally reach the White House to present our winning proposal for Americans. We further understand this has been submitted to the Intemational Common Law World Court for review and approval by the White House. 14. During this developmental period with the White House and the US Treasury, two unfortunate events occurred. First, evidence points to a disgrantled contractor with a 9 year history with FFUSA who was bound by her agreement rules to handle disputes through Arbitration, sought out the SEC in Afianta, GA with a sordid tale of untmths and allegations. Around this same period, as part of the due dihgence regarding our US Treasury submission for claim payment by FFUSA, we understand the US Treasury contacted a neutral agency to fiirther contact the Atlanta SEC for a routine due diligence on the FFUSA operation. It is apparent the SEC (Plaintiff) mistook the casual inquiry as a negative and added the ranting of the disgrantied contractor and perhaps a few others to create a witch hunt. 15. The conditions of any member using the FFUSA AR service by contract is there are "no refunds" and the process is done on a "best efforts" basis. This is further affirmed on every member order that they agree. The award for each claim can vary by member currently between $325,000 and $1,000,000 with service prices ranging from $1000 to $10,000. Services for early members varied as to the service price and award level over the years, but the process mechanics were consistent as described above. 16. The Plaintiff, in their overzealous manner took the stories of mismanagement at face value without even one notice or opportunity to validate or dispute any of it by FFUSA until Thomas John Lawler and Diane Jean Lawler were subpoenaed on short notice on or about 6/20/14 and deferred to appear on 6/25/14 with the Plaintiff refiising to provide even one word on the issue at hand or who said what. This has continued to this day. The "investigation" 4 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 4 of 10 involved every bank account managed by Defendants with strong inferences of misuse or theft of ftinds. The disgruntled contractor's bank account was also present. No other information was sought. 17. On July 3 Thomas John Lawler received a phone message from the Plaintiff, Pat Huddleston advising the SEC wi l l be bringing smt against Thomas John Lawler and all Defendant LLCs and was given 3 minutes to prepare for a phone conference with Judge Amy Totenberg and himself. The phone conference ensued with no opportunity to read the lawsuit nor did it appear Judge Amy Totenberg had done so. Pat Huddleston announced many of the charges insinuating the administrative process constituted selling a security and the lack of fiinding (by the US Treasury) constituted fraud then moved to freeze all bank accounts of Thomas John Lawler and Diane Jean Lawler. Thomas John Lawler contested this action sighting every book writer or seller of a "how to book" would be selling securities with such a broad definition. Judge Amy Totenberg sided with the railroading of the Defendants and signed the TRO freezing all FFUSA and related accounts and most of Violet Blessings LLC, managed by Diane Jean Lawler. Additionally, Judge Amy Totenberg ordered the stopping of all AR administration setting a hearing date of August 8, 2014 for a fiill hearing. SUMMARY 18. Plaintiff repeatedly and wrongfully accused Defendant(s) of engaging in unregistered offering of securities and fraud, along with quoting standardized rhetoric of "the Securities Act", which has no application or basis i n the matter at hand since the offering Defendant(s) refer to is no more than a simple contract for service and educational process, with NO promise of resuhs other than a best efforts administrative performance. Much like that of any service provider, there surely is a cost for service performed which may or may not be based on the sum total and/or work performed. For example, a collection agency may be paid to collect or negotiate a sum certain on behalf of another, and whose fee for service may be charged or deducted and may be based on the collectable amount. Would this contract for service be akin to an "investment" or "security"? We think not. The collector simply performs a service but does not promise or guarantee results. Nonetheless, the service provider is still paid for their service. The Defendant(s) are in that category as a service provider. 5 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 5 of 10 19. So as not to restate a large part or all of the action filed by Plaintiff in the UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION, we state the true facts and authorities as they apply to these contracts and processes in question: The Contracts are MEMBERSHIP AGREEMENTS NOT INVESTOR AGREEMENTS. They include various terms and conditions and CLUB benefits. One benefit is the ADMINISTRATIVE REMEDY referred to as AR (this being the portion apparently being misconstrued as the "investment'V'security" part and "fraud"). The AR is an educational process and fee for service with no promise of resuhs or efficacy. A CLUB MEMBER (NOT INVESTOR) may choose to engage and in doing so they themselves must provide all true and correct information, including any amount of monetary remedy they deem as due. Defendant(s) merely provide administrative services that include, and are not limited to, the well known, long standing, well defined and lawftiUy utilized, NOTARIAL PROTEST process. NOTARIAL PROTEST, as defined i n BLACK' S LAW DICTIONARY FIRST EDITION: "PROTEST. 2. A notarial act, being a formal statement in writing made by a notary under his seal of office, at the request of the holder of a bi l l or note, in which such bi l l or note is described, and it is declared that the same was on a certain day presented for payment, (or acceptance, as the case may be,) and that such payment or acceptance was refused, and stating the reasons, i f any, given for such refiisal, whereupon the notary protests against all parties to such instrument, and declares that they wi l l be held responsible for all loss or damage arising from its dishonor." 20. Since the definitions of "Investment" and "Security" are so broad, the authorities utilize these phrases/law as a catch-all whenever convenient, as well as the widely used "Howey Test", as they used in this matter, again, as a standardized catch-all. The "Howey Test" does not apply as the contracts in question do not meet at least 3 of the 4 prongs of the test: There is no 1) investment money, 2) due to an expectation of profits, since there are none, 3) there is a common enterprise obligated to cure the judgments processed, which is the United States Department of Treasury and 4) does NOT depend solely on the efforts of a third party but on individual education, the accuracy of information provided for administration by each individual engaging in the process based on same, and The United States Department of Treasury and what they deem is just and proper in each individual instance. 6 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 6 of 10 21. In addition, the services and educational process in question, as well as other CLUB BENEFITS, are available ONLY to CLUB MEMBERS and NOT offered or available to the general public. One must choose to become a CLUB MEMBER (NOT INVESTOR) in order to take advantage of any CLUB BENEFITS of their choosing. The CLUB does not offer or engage in investments or securities. 22. These frozen assets are essential for staff payroll, commissions, rent, phone, websites, ISPs, etc. to carry on the many other aspects of our business. FFUSA is an operation of 10,000 memberships encompassing about 20,000 people. We need to continue to service them and complete the fmal fiinding bringing trillions of dollars to a severely struggling economy. FFUSA's hands have been severely and unconscionably tied by this TRO and suit. 23. This TRO and Civil Action No. l:14-CV-2468-AT i n the UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION must be terminated IMMEDIATELY with prejudice. 24. A Papal APOSTOLIC LETTER was issued MOTU PROPRIO, by the Supreme Pontiff Francis, on My 11, 2013, effective September 1, 2013. APOSTOLIC LETTER declared the need "for the international community to adopt adequate legal instruments to prevent and counter criminal activities, by promoting international judicial cooperation on criminal matters". The criminality of crimes against humanity and terrorism cannot be disputed (EXHIBIT A) 25. Plaintiff is being noticed, on the record, of the seriousness of their actions and the harm being perpetrated on the very people they purportedly wish to protect and of the revocation of their pubhc servant immunities. Said revocation of immunities places each public servant personally liable for their own individual and collective actions or lack thereof, and the ensuing action and penalties for their continued disregard of waming. 26. To date, to the best of my knowledge, Plaintiff have failed to resolve this matter and Defendant(s) have not been made whole requiring immediate and complete settlement and dismissal of this matter. Plaintiff continues to inflict great harm upon Defendant(s) rendering them unable to conduct business individually and severally by and through Plaintiff(s) TRO and asset freeze of bank accounts, Limited Liability Companies, as well as causing irrevocable harm 7 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 7 of 10 by way of defamation of character and slanderous, false allegations results of which may never be erased. (ECONOMIC AND OTHER CRIMES AGAINST HUMANITY). PURSUANT TO PAPAL APOSTOLIC LETTER EFFECTI VE 1. SEPTEMBER 2013 ISSUED MOTU 27. The APOSTOLIC LETTER issued 11, July 2013 and effective as of 1, September 2013 clearly puts forth the means to prevent and counter criminal activities that threaten human dignity and the common good and peace, including but not limited to, economic crimes and other crimes against humanity as well as terrorism. In addition, it strips away immunities that pubhc servants have long hid behind and now makes them personally liable for their own personal and collective actions or lack thereof. 28. Crimes Against Humanity is well defmed on an intemational level. Intemational legal precedent is very well established by and through previous legal actions and ralings too numerous to count. As an example, one may look to other intemational courts such as the Intemational Criminal Court (ICC) which was established as a permanent tribunal (among many other intemational courts and tribunals) to prosecute individuals for genocide, crimes against humanity, war crimes and other crimes. 29. As a direct result of Plaintiff s actions, Defendant(s) have been subject to financial devastation, cessation of ability to administiatively assist in curing valid outstanding judgments (thereby harming thousands of people) and effectively mining the excellent reputation, some very long standing, of Defendant(s). Defendant(s) are responsible for creating serious economic and mental anguish and harm. (TERRORISM) PURSUANT TO PAPAL APOSTOLIC L E T T E R EFFECTI VE 1. SEPTEMBER 2013 ISSUED MOTU PROPRIO 30. The APOSTOLIC LETTER issued 11, July 2013 and effective as of 1, September 2013 clearly puts forth the means to prevent and counter criminal activities that threaten human dignity and the common good and peace, including but not limited to, economic and other crimes 8 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 8 of 10 against humanity as well as terrorism. In addition, it strips away immunities that public servants have long hid behind and now makes them personally liable for their own personal and collective actions or lack thereof 31. Since 1994, the United Nations General Assembly has repeatedly condemned terrorist acts using the following political description of terrorism: "Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for pohtical purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them." 32. As a direct resuh of Plaintiff actions, Defendant(s) are subject to severe loss of business and other damages, and has suffered serious financial and mental anguish and harm. RE L I E F As a result of Plaintiff s actions. Defendant seeks the following relief: 3 3. An order for dismissal with prejudice. 34. An order for immediate release of all frozen funds. 35. An order for compensatory and punitive damages of $100,000. 36. An order for immediate publication of error and admission of same in the court and published in the public record by way of local and national media. 37. Court fees and any and all costs of this action against the Defendants; and, 3 8. Any other relief the court deems just and proper. Dated this ' f ' day of August, 2014. Isl Thomas J Lawler 9 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 9 of 10 iDefinitions: (as d e f i n e d i n other i n t e r n a t i o n a l c o u r t s , not n e c e s s a r i l y common law c o u r t s , but to demonstrate the use as a worldwide standard). Crimes A g a i n s t Humanity - "Crimes a g a i n s t humanity" i n c l u d e any o f t h e f o l l o w i n g a c t s committed as p a r t o f a widespread or s y s t e m a t i c a t t a c k d i r e c t e d a g a i n s t any c i v i l i a n p o p u l a t i o n , w i t h knowledge o f t h e a t t a c k : murder; e x t e r m i n a t i o n ; enslavement; d e p o r t a t i o n or f o r c i b l e t r a n s f e r o f p o p u l a t i o n ; imprisonment; t o r t u r e ; r a p e , s e x u a l s l a v e r y , e n f o r c e d p r o s t i t u t i o n , f o r c e d pregnancy, e n f o r c e d s t e r i l i z a t i o n , o r any o t h e r f o r m o f s e x u a l v i o l e n c e o f comparable g r a v i t y ; p e r s e c u t i o n a g a i n s t an i d e n t i f i a b l e group on p o l i t i c a l , r a c i a l , n a t i o n a l , e t h n i c , c u l t u r a l , r e l i g i o u s or gender grounds; e n f o r c e d disappearance o f persons; t h e crime o f a p a r t h e i d ; other inhumane a c t s of a s i m i l a r c h a r a c t e r i n t e n t i o n a l l y c a u s i n g g r e a t s u f f e r i n g or s e r i o u s b o d i l y or mental i n j u r y . T e r r o r i s m - The i n t e r n a t i o n a l community has been slow t o f o r m u l a t e a u n i v e r s a l l y agreed, l e g a l l y b i n d i n g d e f i n i t i o n o f t h i s c r i m e . These d i f f i c u l t i e s a r i s e f r o m t h e f a c t t h a t t h e t e r m " t e r r o r i s m " i s p o l i t i c a l l y and e m o t i o n a l l y charged. Since 1994, t h e U n i t e d N a t i o n s General Assembly has r e p e a t e d l y condemned t e r r o r i s t a c t s u s i n g t h e f o l l o w i n g p o l i t i c a l d e s c r i p t i o n o f t e r r o r i s m : " C r i m i n a l a c t s i n t e n d e d o r c a l c u l a t e d t o provoke a s t a t e o f t e r r o r i n t h e g e n e r a l p u b l i c , a group o f persons or p a r t i c u l a r persons f o r p o l i t i c a l purposes are i n any c i r c u m s t a n c e u n j u s t i f i a b l e , whatever t h e c o n s i d e r a t i o n s o f a p o l i t i c a l , p h i l o s o p h i c a l , i d e o l o g i c a l , r a c i a l , e t h n i c , r e l i g i o u s o r any o t h e r n a t u r e t h a t may be i n v o k e d t o j u s t i f y them." We l o o k t o t h e Common Law I n t e r n a t i o n a l World Court t o broaden t h e e x i s t i n g vague d e f i n i t i o n o f " t e r r o r i s m " t o i n c l u d e " f i n a n c i a l t e r r o r i s m . " 2 DEFENDANT(S): (Known D e f e n d a n t ( s ) as l i s t e d i n p a r a g r a p h 2. h e r e i n ) 10 Case 1:14-cv-02468-AT Document 29 Filed 10/10/14 Page 10 of 10