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STATEMENT FOR DISMISSAL WITH PREJUDICE

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  • Thomas John Lawler 4002 Hwy 78, Suite 530-321 Snellville, GA 30039 USA Fax: 770-469-6279

    FILED IN CLERK'S OFFICE U.S.D.C. Atlanta

    A U 6 7 2014 JAMES N. Hmm, Clerk

    5uty Clerk

    U.S. SECURITIES 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 , PROSPERITY SOLUTIONS L L C , and VIOLET BLESSINGS L L C

    Relief Defendants

    Civil Action File No. l:I4-CV-2468-AT

    STATEMENT FOR DISMISSAL WITH PREJUDICE

    Parties

    L 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 in 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 12 Filed 08/07/14 Page 1 of 14

  • nJDlCIAL NOTICE

    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 of this court.

    5. Defendant (s) reserve the right to supplement and/or amend this Statement as needed, due to anticipated foreseeable harmful actions agamst Defendant(s) during the course of what is being called an "mvestigation" 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 ALLEGATIONS AND BRIEF IN SUPPORT

    7. This matter is multi-faceted based on an active legal action filed against

    Defendant(s) and will be detailed herein to give understanding and clarity as to the basis for this abuse and the depth of misuse and bastardized mterpretation of law, resultmg m bruiging 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 uiclude but are not limited to, UNREGISTERED OFFERING OF SECURITIES and FRAUD as pubhshed m 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 harmful actions on the part of the Plaintiff agamst of which Defendant(s) Thomas John Lawler and Diane Jean Lawler representing the true Beneficiaries, ofthe corporate colorable Lunited 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 12 Filed 08/07/14 Page 2 of 14

  • 8. For 10 years, Defendant, Thomas John Lawler has successMly operated its

    company FREEDOM FOUNDATION LLC (FFUSA) in all 50 states. It has designed a simple administrative procedure utilizmg 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 exfraction 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 borrowmg 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" givmg the illusion the bank had loaned thefr own frmds. This is the

    basis for the notarial protest process.

    10. Additionally, the IRS came into existence to collect the interest on the borrowed

    "f iaf money by the US govermnent 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 utiUzes a notary who certifies that each of three notices has been sent

    to the respective bank or IRS. These notices detail typically thfrty plus offenses committed by the bank or IRS m thefr loan creation and collection schemes. Each notice contams 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 if any responses are returned with viable

    defenses of the challenges presented to them on a pomt by point basis. To date, no bank or IRS response has properly refiited a single item nor the penalty assessment for compensatory and punitive damages. Since an unrefiited notice stands as truth, the notary, under the UCC rules

    admmisters a notarial protest creating a default judgment for the amount stated in the notice.

    12. Since the corporate US Govemment is still in chapter 11 bankruptcy, the

    judgmenf s claim is then submitted to the US Treasury with supporting documentation for

    3

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 3 of 14

  • payment under the bankruptcy. This entire process of the notarial protest and subsequent

    payment is referred to in this dociraient 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 governmental system, it took support from 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 disgruntled contractor with a 9 year history with FFUSA who was bound by her agreement mles to handle disputes through

    Arbitration, sought out the SEC in Atianta, GA with a sordid tale of untmths and allegations. Arotmd this same period, as part of the due diUgence regarding our US Treasury submission for claim payment by FFUSA, we understand the US Treasury contacted a neutral agency to further contact the Atianta SEC for a routine due dihgence on the FFUSA operation. It is apparent the SEC (Plaintiff) mistook the casual uiquiry as a negative and added the rantmg ofthe disgruntled 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 refimds" 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 claun 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 fhe process

    mechanics were consistent as described above.

    16. The Plaintiff, m thefr overzealous manner took the stories of mismanagement at face value without even one notice or opportimity to vahdate or dispute any of it by FFUSA tmtil 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 refusing to provide even one word on the issue at hand or who said what. This has contuiued to this day. The "investigation"

    4

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 4 of 14

  • involved every bank account managed by Defendants with strong inferences of misuse or theft of

    funds. The disgruntled contractor's bank account was also present. No other information was

    sought.

    17. On July 31'* Thomas John Lawler received a phone message from the Plaintiff, Pat

    Huddleston advising the SEC will be bringmg suit 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 admmistrative process constituted selling a security and the lack of

    funding (by the US Treasury) constituted ftaud 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 raifroading 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 stoppmg of all AR

    administration setting a hearing date of August 8, 2014 for a fixll hearing.

    SUMMARY

    18. Plamtiff repeatedly and wrongfiilly accused Defendant(s) of engaging in unregistered offering of securities and fraud, along with quoting standardized rhetoric of "the Securities Acf , which has no apphcation or basis in the matter at hand since the offering Defendant(s) refer to is no more than a simple confract for service and educational process, vdth 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 coUect 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 confract for service be akm to an "investmenf or "security"? We think not. The coUector simply performs a service but does not promise or guarantee restilts. 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 12 Filed 08/07/14 Page 5 of 14

  • 19. So as not to restate a large part or all ofthe action filed by Plaintiff m 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 tiie ADMB^IISTRATIVE REMEDY referred to as AR (tiiis being tiie portion apparently being misconstiued as the "mvestment'Tsecurity" part and "fraud"). The AR is an educational process and fee for service with no promise of results or efficacy. A CLUB MEMBER (NOT INVESTOR) may choose to engage and in domg so tiiey tiiemselves must provide all ti^e and correct information, including any amount of monetary remedy they deem as due. Defendant(s) merely provide administiative services that mclude, and are not limited to, the well known, long standmg, well defmed and lawfiiUy utilized, NOTARIAL PROTEST process. NOTARIAL

    PROTEST, as defmed m 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 ofthe holder of a bill or note, in which such biU 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 refusal, whereupon the notary protests agamst all parties to such instrument, and declares tiiat they wih be held responsible for all loss or damage arising from its dishonor."

    20. Since the definitions of "Investmenf and "Security" are so broad, the authorities

    utiUze these phrases/law as a catch-aU whenever convenient, as weU as the widely used "Howey

    Tesf, as they used in this matter, again, as a standardized catch-all. The "Howey Tesf does not

    apply as the contiacts m question do not meet at least 3 ofthe 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 cm-e the judgments processed, which is the United States Department of Treasury and 4) does NOT depend soldj on the efforts of a third party but on individual education, tiie accuracy of mformation provided for admmistiation by each individual engagmg

    in the process based on same, and The United States Department of Treasury and what they

    deem is just and proper m each individual instance.

    6

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 6 of 14

  • 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 ftozen assets are essential for staff payroll, commissions, rent, phone,

    websites, ISPs, etc. to carry on the many other aspects of our busmess. FFUSA is an operation of 10,000 memberships encompassing about 20,000 people. We need to contmue to service them and complete the final funding bringmg trilhons of dollars to a severely struggling

    economy. FFUSA's hands have been severely and unconscionably tied by this TRO and smt.

    23. This TRO and Civil Action No. l:14-CV-2468-AT in 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 July 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, hy 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 ofthe revocation

    of their public servant inmiunities. Said revocation of immunities places each public servant

    personally liable for theh 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, Plamtiff have failed to resolve this matter and Defendant(s) have not been made whole reqviiring immediate and complete settlement and dismissal of this matter. Plauitiff continues to inflict great harm upon Defendant(s) rendering them unable to conduct business mdividually 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 12 Filed 08/07/14 Page 7 of 14

  • by way of defamation of character and slanderous, false allegations results of which may never

    be erased.

    f V r O N O M l C AND O T H E R CRTMV.S A G A I N S T H U M A N I T Y ) ,

    m n ^ W T T A N T T O P A P A U APQSTOT i r L E T T E R E F F F r T R ^ E t, S E P T E M B E R 2013

    I S S U E D M O T U

    27. The APOSTOLIC LETTER issued 11, July 2013 and effective as of 1, September

    2013 clearly puts forth the means to prevent and counter crimmal activities that threaten human

    dignity and the common good and peace, including but not lunited to, economic crimes and other

    crhnes against humanity as well as terrorism, hi addition, it strips away immunities that public

    servants have long hid behmd and now makes them personally liable for their own personal and

    collective actions or lack thereof.

    28. Crunes Against Humanity is weU defined on an mtemational level, hitemational

    legal precedent is very weh estabhshed by and through previous legal actions and rulings too

    numerous to count. As an example, one may look to other intemational courts such as the

    Intemational Criminal Court (ICC) which was estabhshed as a permanent tribunal (among many other intemational courts and hibunals) to prosecute individuals for genocide, crimes against humanity, war crimes and other crimes.

    29. As a direct resuh of Plamtiff s actions, Defendant(s) have been subject to financial devastation, cessation of ability to administratively 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.

    ( T E R R O R I S M )

    PTTT^STTANT T O P A P A L A P O S T O U T C L E T T E R E F F E C T I V E 1, S E P T E M B E R 2013

    TSSTTF.D M O T U P R O P R I O

    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

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 8 of 14

  • agamst humanity as weU as terrorism. In addition, it strips away immunities that pubhc servants

    have long hid behind and now makes them personally liable for theh own personal and coUective

    actions or lack thereof.

    31. Since 1994, the United Nations General Assembly has repeatedly condemned

    terrorist acts using the following political description of terrorism:

    "Crmunal acts intended or calculated to provoke a state of terror in the general

    public, a group of persons or particular persons for political purposes are in any

    circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, rehgious or any other nature that may

    be invoked to justify them."

    32. As a direct result 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.

    R E L I E F

    As a resuh of Plaintiff s actions. Defendant seeks the following relief:

    33. An order for dismissal with prejudice.

    34. An order for hnmediate release of all frozen funds.

    35. An order for compensatory and punitive damages of $ 100,000.

    36. An order for hnmediate pubhcation 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 tiiis 7^ day of August, 2014.

    /s/ Thomas J Lawler

    9

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 9 of 14

  • crimes Against Humanity - "Crimes against humanity" include any of ^^^^^^K^^A^:^^r^^^ted as p a r t of a widespread or systematic a t t a S d i r e c L d against any c i v i l i a n p o p u l a t i o n , w i t h knowledge of the a t t a c k :

    murder; extermination; 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 of po p u l a t i o n ; imprisonment;

    r a p e r s e x u a l slavery, enforced p r o s t i t u t i o n , forced pregnancy, enforced s t e r i l i z a t i o n , or any other form of sexual violence of comparable g r a v i t y ;

    . persecution against 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;

    enforced disappearance of persons; the crime of apartheid; . other inhumane acts of a sim i l a r character intentionally

    causing great suffering or serious bodily or mental xn^ury.

    Terrorism - The i n t e r n a t i o n a l community has been slow t o formulate a ^ g f ^ T ^ 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 of t h i s crime These d i f f i c u l t i e s a r i s e from the f a c t t h a t the term " t e r r o r i s m i s p o l i t i c a l l y and emotionally charged.

    Since 1994, the United Nations General Assembly has repeatedly condemned t e r r o r i s t acts using the 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 of t e r r o r i s m :

    "Criminal acts intended or c a l c u l a t e d t o provoke a s t a t e of t e r r o r i n the general p u b l i c , a group of 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 m any circumstance u n j u s t i f i a b l e , whatever the considerations of 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 or any other nature t h a t may be invoked t o j u s t i f y them."

    we look t o the Common Law I n t e r n a t i o n a l World Court t o broaden the

    e x i s t i n g vague d e f i n i t i o n of " t e r r o r i s m " t o include " f i n a n c i a l

    t e r r o r i s m . "

    i D E F E N D A N T ( S ): (Known Defendant(s) as l i s t e d i n paragraph 2. herein)

    10

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 10 of 14

  • 1

    Papal Decree of July 11,2013

    t

  • 3. For the purposes of Vatican criminal law, the following persons are deemed "public officials": [fornier "private officials" exempt from law are now within the laws ciicl.st? .,nci are held lial(c. ^ J "puBiic serifancs'''j

    a) members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it. [world-wide corporations and all infliidals in trust are corporations pursuant to their birth certilicatej

    b) papal legates and diplomatic personnel ofthe Holy See. ITlte Pope governs the Chorch/people/trust, all the people in the Birth Trust, through the moman Curia, the governing body of the Vaticani ..

    c) those persons who serve as representatives, managers or directors, as well as persons who even de facto manage or exercise control over the entities . . directly dependent on the Holy See "

    and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City

    State;

    d) any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person's seniority.

    4. The jurisdiction referred to in paragraph 1 comprises also the administrative liability of juridical persons arising from crimes, as regulated by Vatican City State laws.

    5. When the same matters are prosecuted in other States, the provisions in force in Vatican City State on concurrent jurisdiction shall apply.

    6. The content of article 23 of Law No. C X I X of 21 November 1987, which approves the Judicial Order of Vatican City State remains in force.

    Tbis I decide and establish, anything to the contrary notwithstanding.

    I establish that this Apostolic Letter issued Motu Proprio will be promulgated by its publication in L'Osservatore Romano, entering into force on 1 September 2013.

    Given in Rome, at the Apostolic Palace, on 11 July 2013, the first of my Pontificate.

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 12 of 14

  • Importance of Motu Propria

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 13 of 14

  • The Importance of Motu Propria by Pope Francis

    According to the New Advent Catholic Encyclopedia, Motu Propria in Latin stands for "of his own accord" and is the name given to an official decree by a Pope personally in his capacity and office as supreme sovereign pontiff and not in his capacity as the apostolic leader and teacher ofthe Universal Church. To put it more bluntly, a Motu Propria is the highest form of legal instrument on the planet in accordance to its provenance, influence and structure to the Western-Roman world, over riding anything that could be issued by the United Nations, the Inner and Middle Temple, the Crown of Great Britain or any other Monarch and indeed by any head of state or body politic. If you are a member of the United Nations, or recognized by the United States or the United Kingdom or have a bank account anywhere on the planet, then a Motu Propria is the highest legal instrument, no question. In the case of the Motu Propria issued by Pope Francis on July 11th 2013, it is an instrument of several functions and layers.

    In the first instance, it may be legally construed to apply to the local matters of the administration of the Holy See.

    In the second instance, the document relates to the fact that the Holy See is the underpinning to the whole global system of law, therefore anyone holding an office anywhere in the world is also subject to these limits and that immunity no longer applies.

    Thirdly, we see the Holy See and the Universal Church clearly separating itself from the nihilist world ofthe professional elite who continue, to be proven time and time again, to be criminally insane, bark raving mad and with no desire to do anything honorable until they are torn from power by anyone, any body who cares for the law.

    The age of the Roman Cult, as first formed in the 11th Century and that hijacked the Catholic Church first formed by the Carolingians in the Sth Century, then the Holly Christian Empire or Byzantine Church by the 13th Century and the world at large by the 16th Century ceased to exist around March 14th 2013 upon the election of Pope Francis.

    This document issued by Pope Francis is historic on multiple levels, but most significant above all others in that it recognizes the supremecy ofthe Golden Rule, the same teaching ascribed to Jesus Christ and the intimate connection to the Rule of Law, that all are subject to the rule of law, no one is above the law.

    Case 1:14-cv-02468-AT Document 12 Filed 08/07/14 Page 14 of 14