This notice is issued under the full authority of the Trustee acting pursuant to the Common-Law Organizational Constructive Express Spendthrift Trust Agreement (C.L.O.C.E.S.T.), Bond No. QW-XF546EJK;L'O;IG787LF%#^ zKYJGTF&UHDCG%DH*
The Beneficiary has formally notified the Trustee that you, your agents, or your affiliated commercial enterprise have used, exploited, appropriated, or otherwise trespassed upon protected Trust Property (Trust Res), including but not limited to:
Under trust law and the Trust Instrument, these interests constitute private property rights secured in Trust. The Supreme Court in Board of Regents v. Roth, 408 U.S. 564 (1972), held that constitutional liberties are property interests for purposes of due process analysis. These property interests have been assigned to the Trust Res and are under the exclusive custody and protection of the Trustee.
Third-party intrusion upon any portion of the Trust Res without explicit, written, formal consent of the Trustee constitutes a violation of trust law and an encroachment upon property under the Trustee's fiduciary custody. The Trustee has an absolute authority and obligational duty to protect the interests of the Trust.
Any prior implied permission, assent, accommodation, or acknowledgment--whether express or indirect--is hereby withdrawn immediately, unequivocally, and without exception. This withdrawal takes effect forthwith.
Trust records show that you are a for-profit engaging business entity conducting commercial enterprise. Even one cent of capital gain constitutes commercial activity.
Any use of Trust Res by a commercial entity confers a commercial advantage. Unauthorized commercial use of Trust property constitutes:
You are hereby ordered to CEASE AND DESIST immediately from:
This demand applies universally, with no exceptions, and takes effect immediately upon receipt of this Notice.
You are granted a 72-hour continuous-time opportunity to cure this trespass. The 72-hour period begins upon the timestamp of delivery of this Notice.
Cure requires:
Failure to comply fully within the 72-hour statutory window constitutes final, perfected non-compliance and triggers arbitration proceedings under the binding arbitration agreement associated with the Trust.
If you fail to cure within the 72-hour period, the Trustee will file a Petition for Arbitration with the Eeon Foundation Arbitration Association under the binding arbitration agreement associated with the Trust.
Under the Act of February 12, 1925, ch. 213, 43 Stat. 883, arbitration agreements are valid, irrevocable, and enforceable. The arbitration provisions of the Trust provide:
Any third party seeking to initiate arbitration, file any claim, counterclaim, defense, or challenge of any nature whatsoever in connection with this Trust must deposit with the Eeon Foundation Arbitration Association the sum of Twenty-Five Thousand Dollars ($25,000.00) in immediately available funds as a mandatory condition precedent. This deposit is non-refundable regardless of outcome. Failure to make this deposit within ten (10) calendar days of serving notice of a claim or challenge results in automatic dismissal with prejudice of any such claim or challenge.
Your failure to cure will be deemed willful non-compliance, exposing you to full contractual damages, interest, fees, and equitable remedies available under the Trust.
The Beneficiary has properly notified the Trustee of your intrusion upon the Trust Res. The Trustee is under an absolute fiduciary duty to:
The Trustee is vested with full legal and equitable title to the Trust Res and has exclusive authority to speak on behalf of the Trust, enter into contracts binding the Trust, manage all Trust property, and take any action necessary or appropriate to protect, preserve, and administer the Trust Res. The maxim Voluntas donatoris in charta doni sui manifeste expressa observetur (The intention of the donor clearly expressed in the deed of gift should be observed) requires that the Trustee's powers as stated in the Trust Instrument be given full effect.
The Trustee's security interest in protecting the Trust Res is paramount and supersedes any conflicting statutory or regulatory scheme. This Notice constitutes both a formal warning and a condition precedent to the initiation of binding arbitration.
The Fourth Amendment to the Constitution for the United States of America secures the right of the people to be secure in their persons, houses, papers, and effects. The text includes papers and effects as protected property interests. The Fifth Amendment provides that no person shall be deprived of life, liberty, or property, without due process of law. These protections establish that constitutional rights are property interests capable of being held in trust.
Once property rights are placed into trust, any unauthorized use of identity, reputation, documents, or papers for profit or commercial purpose constitutes trespass upon the trust res, conversion of protected property interests, and unlawful interference with the beneficiary's equitable rights. Under equity, there is no wrong without a remedy.
The contract rights created by this Trust are protected by the Contracts Clause of the United States Constitution, Article I, Section 10, Clause 1, which provides that no state shall pass any law impairing the obligation of contracts. The arbitration agreement is protected by the grandfather clause principle: any amendment to the Federal Arbitration Act shall not impair, modify, or affect the rights and obligations created by this arbitration clause. The maxim Pacta sunt servanda (Agreements must be kept) requires that this clause be given full effect notwithstanding any subsequent change in law.
Failure to respond specifically and substantively to this Notice within the 72-hour continuous-time period constitutes default and tacit acquiescence. Non-response is deemed agreement to all facts presented herein. The maxim Qui tacet consentire videtur (He who is silent is taken to agree) establishes this principle. Tacit acquiescence operates as an admission and may be introduced as evidence in arbitration proceedings.
If you fail to cure within the 72-hour period, any factual allegation not specifically denied shall be deemed admitted. Conduct, performance, actions, or inactions constitute acquiescence and default. The arbitrator may proceed in absentia and render an award based on the evidence presented.
You are hereby placed on formal notice of the protected status of the Trust Res and the Trustee's absolute duty to defend it.
Failure to comply within 72 continuous hours from receipt of this Notice will leave the Trustee no option except to proceed under the mandatory arbitration clause and to obtain a binding, final award reflecting your trespass and commercial misuse of Trust property.
All rights, remedies, and fiduciary powers are expressly reserved.
Trustee Name / Title
Acting under Trust Instrument and Arbitration Authority
Bond No. QW-XF546EJK;L'O;IG787LF%#^ zKYJGTF&UHDCG%DH*
Address for Response:
To the Proper Officer:
This FORMAL COMMUNICATION TO THE INTERNAL REVENUE SERVICE SERVES AS NOTICE that your agency has not followed the controlling federal procedure required when a Bill of Exchange or Registered Bill of Exchange is received for settlement of a taxpayer's account via the taxpayer's authorization.
Internal Revenue Manual 3.8.45.5.11.1 (11-04-2011) establishes the mandatory procedure. The mandatory directive states that when a Bill of Exchange or Registered Bill of Exchange is received from a taxpayer authorizing the campus to settle their account through Fedwire, the receiving campus must send everything received to the Department of the Treasury, Office of Executive Secretary, 1500 Pennsylvania Avenue NW, Room 3413, Washington, D.C. 20220. The directive further requires completion of Form 9814, Request for Mail/Shipping Service, checking "Next Day Air" and "Remittances and Payments" boxes, and forwarding to the Shipping area. This directive is not discretionary. This directive is mandatory, there is no provision for discretion, refusal, rejection as this is an acceptable form of settlement is authorized by law 21.1.7.9.22 (04-19-2012).
The Administrative Procedure Act, codified at 5 U.S.C. Section 551 et seq., requires agencies to follow their rules, policies, and procedures as written. The Administrative Procedure Act (A.P.A.) establishes that agency rules published in the Federal Register or incorporated into agency manuals have the force and effect of law. A failure to follow the official agency procedure is unlawful. The Supreme Court holds that where an agency promulgates rules governing its conduct, those rules bind the agency with the same force as law (see: "The McDade Amendment" respecting this principle). The Constitution requires due process of policy, procedures and the law. An agency's disregard of its own mandatory procedures violates due process.
Fedwire represents an administrative procedure established under the Administrative Procedure Act framework. The United States Treasury, as well as Federal Reserve Banks, operate the Fedwire Funds Service pursuant to regulations promulgated under the Administrative Procedure Act and codified at 12 CFR Part 210 (When required to do so by the Secretary of the Treasury, each Federal Reserve agent shall act as agent of the Treasurer of the United States or of the Comptroller of the Currency, or both, for the performance of any of the functions which the Treasurer or the Comptroller may be called upon to perform in carrying out the provisions). These regulations were published in the Federal Register following notice and comment procedures required by the Administrative Procedure Act. The Fedwire Funds Service is an administrative payment system governed by administrative rules that carry the force of law. When the Internal Revenue Manual directs the use of Fedwire for settlement, it invokes this administrative procedure as the method of settlement required by law.
Under the Federal Reserve Act as amended, TITLE IV Section 401 Subsection 18 (6) provides that notes, drafts, bills of exchange, and bankers' acceptances deposited as security shall be receivable at-par in all parts of the United States, "THE INTERNAL REVENUE SERVICE IS PART OF THE UNITED STATES". A Bill of Exchange deposited for settlement constitutes, as a matter of law, a banking instrument received at par. Failure to recognize the face value of the instrument constitutes a failure to perform the duty imposed by Congress concerning deposits used in banking operations within the United States.
Your correspondence SEEMS TO INDICATE that you have not received payment. Yet our records show that the bill of exchange was properly tendered in accordance with the aforementioned policies as stipulated in the internal revenue manual and has not been processed in accordance with, policies, rules, procedures and the law. Under Treasury procedure established at IRM 3.8.45.5.11.1, such an instrument is received by your campus as final payment, requiring you comply with the mandatory directive by forwarding it to the Treasury for Fedwire settlement. Your failure to follow procedure does not negate the finality of the Fedwire payment.
As a matter of law, a Bill of Exchange tendered for settlement through Fedwire constitutes a lawful banking instruction authorizing settlement of the obligation. A Federal Reserve payment order is an instruction for the Federal Reserve to transfer funds between accounts under the Federal Reserve Act and the regulations governing Fedwire found at 12 CFR Part 210. These regulations constitute administrative rules promulgated through treasury regulations and the Administrative Procedure Act. When a financial instrument in the form of a bill of exchange or registered Bill of exchange is received by the campus and authorizes settlement through Fedwire, the agency's duty is ministerial. The agency has received the deposit and must process the instrument, by depositing it into the overnight envelope and forwarding it to the Treasury's Executive Secretary as mandated.
I now tender herewith a Bill of Exchange in the amount of , authorizing settlement through Fedwire. This instrument is lawfully issued, constitutes a deposit received at-par as a matter of law, and satisfies the applicable policy governing Treasury processing of such deposits. This PAYMENT ORDER Bill of Exchange authorizes the campus to settle the account through Fedwire exactly as described in IRM 3.8.45.5.11.1. and 21.1.7.9.22 (04-19-2012)
Because your agency did not follow the mandatory procedure on the prior instrument, this matter is now formally escalated. Under the Administrative Procedure Act and the controlling maxims of law, a public officer is liable for injury caused by failure to follow the law. The United States Treasury has already prescribed the required method for handling this type of payment through the published administrative procedure found at IRM 21.1.7.9.22 (04-19-2012), 3.8.45.5.11.1. Your deviation from that method is contrary to law, and I hereby exercise my right to demand an administrative formal hearing on the issue, as my constitutionally secured right TO FORMALLY PETITION THE US GOVERNMENT FOR A REDRESS OF GRIEVANCES.
Maxims of law supporting this notice include:
Supreme Court holdings supporting this notice include:
The IRS is hereby instructed as authorized in law to perform its mandatory duty by forwarding the attached Bill of Exchange and all accompanying documents to the Department of the Treasury, Office of Executive Secretary, 1500 Pennsylvania Avenue NW, Room 3413, Washington, D.C. 20220, exactly as required by federal policy codified at IRM 3.8.45.5.11.1.
This notice affirms that settlement is authorized and ordered through Fedwire by operation of federal law. The authorization for Fedwire settlement operates as a payment order under 12 CFR Part 210 governing the Fedwire Funds Service, once there is a demand for payment, such a demand correlates to authorization and rejection is thereby prohibited as a matter of law: [55 FR 40801, Oct. 5, 1990, as amended by Reg. J, 87 FR 34359, June 6, 2022]. The Fedwire Funds Service represents the administrative procedure through which settlement shall/must be executed. Any failure to follow the official procedure of the United States Treasury will constitute willful disregard of law, a breach of protocol, and malfeasance by a dereliction of duty to perform.
I apologize for any misunderstanding and direct that this Bill of Exchange be processed in accordance with the law, as such will settle the matter and bring about full satisfaction and accord in accordance with the established administrative requirements and federal banking law.
Respectfully,
This Payment Order Bill of Exchange is lawful under the Federal Reserve Act, Act of December 23, 1913, ch. 6, 38 Stat. 251, as amended, Section 13, which authorizes the United States Treasury via Federal Reserve Banks to receive at-par, notes, drafts, and bills of exchange arising out of transactions. The Federal Reserve Act establishes that bills of exchange constitute lawful banking business in conjunction with financial instruments recognized and processed within the Federal Reserve System, formerly telegraph and or telegram depository systems.
Supporting Supreme Court Precedents: Federal Reserve Bank of Richmond v. Malloy, 264 U.S. 160 (1924) holds that bills of exchange are negotiable instruments under federal banking law and the Federal Reserve Act governs their processing and settlement. First National Bank of Boston v. Maine, 284 U.S. 312 (1932) holds that Federal Reserve operations concerning bills of exchange are authorized exercises of congressional power over banking and currency.
This Financial Instrument constitutes banking business by a person in a State, under the Check Clearing for the 21st Century Act, codified at 12 U.S.C. Section 5002(3)(2), which defines a "bank" as a person in a state engaged in the business of banking, and further includes payment orders and settlement instruments processed in accordance therewith.
Supporting Supreme Court Precedents: Clearfield Trust Co. v. United States, 318 U.S. 363 (1943) holds that eligible paper, sometimes referred to as commercial paper, which is the medium of payment of obligations of the United States, as such an obligation is authorized by the United States Congress, constitutes banking business governed by federal law. Bank of America National Trust & Savings Ass'n v. Parnell, 352 U.S. 29 (1956) holds that instruments used for payment and settlement of obligations are banking instruments subject to uniform federal standards.
This Payment Order Bill of Exchange (P.O.B.O.E.) must be processed in accordance with administrative procedures established under the Administrative Procedure Act, 5 U.S.C. Section 551 et seq., Pub. L. 79-404, 60 Stat. 237 (June 11, 1946). The Internal Revenue Manual constitutes an administrative procedure promulgated by the Department of the Treasury and published as binding agency policy. Internal Revenue Manual 3.8.45.5.11.1 requires that Bills of Exchange authorizing settlement through Fedwire must be forwarded to the Department of the Treasury, Office of Executive Secretary, 1500 Pennsylvania Avenue NW, Room 3413, Washington, D.C. 20220.
Supporting Supreme Court Precedents: Chrysler Corp. v. Brown, 441 U.S. 281 (1979) holds that agency rules and manuals constitute substantive rules binding upon the agency with the force of law when they establish rights, impose obligations, or produce other significant effects on private interests. Morton v. Ruiz, 415 U.S. 199 (1974) holds that an agency must follow its own procedural rules and published policies, and failure to do so violates the Administrative Procedure Act and denies due process.
I hereby authorize this payment order to be received for the settlement of the account in the form of a payment in full for the amounts authorized, required, demanded, or charged. 21.1.7.9.22 (04-19-2012) WHICH REQUIRES THAT IF A BILL OF EXCHANGE IS RECEIVED FROM A TAXPAYER IT IS TO BE SENT TO THE DEPARTMENT OF THE TREASURY EXECUTIVE SEC.'S OFFICE IF IT IS AUTHORIZING THE CAMPUS TO SETTLE THE ACCOUNT THROUGH FEDWIRE! UNDER THE ADMINISTRATIVE PROCEDURES ACT, THERE IS NO PROVISION FOR DEVIATING FROM THIS PROTOCOL COMPLIANCE IS MANDATORY! This authorization operates as a Fedwire payment order under 12 C.F.R. Section 210.25 et seq., which governs payment orders sent to or from Federal Reserve Banks through the Fedwire Funds Service.
Supporting Supreme Court Precedents: United States v. Kimbell Foods, Inc., 440 U.S. 715 (1979) holds that federal payment instruments and settlement orders are governed by uniform federal law to ensure the fiscal operations of the United States. United States v. National Exchange Bank, 214 U.S. 302 (1909) holds that instruments tendered for payment of federal obligations are controlled by federal law and must be processed according to federal banking procedures.
This Payment Order Bill of Exchange is drawn on the full faith and credit of the United States under Article IV, Section 1 of the Constitution of the United States, and the Acts of Congress implementing the same. The United States Congress mandated that such eligible papers constitute security and/or collateral and are to be received at par in all parts of the United States when deposited with the United States Treasury or the United States Federal Reserve (see: THE FEDERAL RESERVE ACT TITLE IV Section 401, Section 403). This instrument is issued pursuant to the Uniform Commercial Code as adopted by the several states, RESTATEMENT (FIRST), (SECOND), (THIRD) OF CONTRACTS, and specifically UCC Article 3, governing negotiable instruments, and Article 4, governing deposits and collections.
Supporting Supreme Court Precedents: Guaranty Trust Co. v. Henwood, 307 U.S. 247 (1939) holds that bills of exchange are negotiable instruments entitled to protection and enforcement under federal and state law governing commercial transactions. Price v. Neal, 97 Eng. Rep. 871 (K.B. 1762), adopted and affirmed by the Supreme Court in Bank of United States v. Bank of Georgia, 23 U.S. 333 (1825), holds that a bill of exchange tendered constitutes lawful payment discharges the obligation, and the drawee bears the duty to honor the instrument when lawfully presented.
Pay to the order of the United States Treasury.
Without recourse.
AUTHORIZED SIGNATURE:
This form is for members and beneficiaries of the trust to document instances where trust property has been utilized for commercial gains without authorization. Constitutional rights are property interests (Lynch v. Household Finance Corp., 405 U.S. 538, 552) that may be held as trust res. Unauthorized commercial use subjects interfering parties to liability under the Civil Rights Act of 1871, 17 Stat. 13 (42 U.S.C. § 1983).
Email: support@tcaa.online
Mailing Address:
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Las Vegas, Nevada 89107
Upon submission, this request will be reviewed by the trustee. You will receive confirmation of receipt and subsequent notification regarding the actions taken in response to your request.
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Established under The Federal Arbitration Act of 1925, 43 Stat. 883 (9 U.S.C. §§ 1-16)