Clerk Heathcoat Obstructs Filing of Notice of Appeal, 08/03/2010
Clerk Heathcoat Obstructs Filing of Notice of Appeal, 08/03/2010
District Co…
U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC
Plaintiff
Jorg Busse represented by Jorg Busse
P.O. Box 1126
Naples, Fl 34106-1126
239/595-7074
PRO SE
Plaintiff
Kenneth M. Roesch, Jr. represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 Rooth Law Group, PA
Suite 322
4399 35th St N
St Petersbsurg, FL 33714
727/824-6212
Fax: 727/822-8048
Email: [email protected]
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8/4/2010 Electronic Case Filing | U.S. District Co…
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Anita M. Roesch represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Troy Parnell represented by William Alfred Keyes , Jr.
TERMINATED: 09/21/2007 Stewart & Keyes, PL
2125 First St - Ste 101
PO Drawer 790
Ft Myers, FL 33902
239/334-7477
Fax: 239/334-7941
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Lee County, Florida represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/533-2236
Fax: 239/485-2118
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Board of Lee County Commissioners represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
The Lee County Property Appraiser represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
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8/4/2010 Electronic Case Filing | U.S. District Co…
ATTORNEY TO BE NOTICED
Sherri L. Johnson
Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota, FL 34232
941/952-1070
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
State of Florida, Board of Trustees of represented by Harold George Vielhauer
the Internal Improvement Trust Fund Florida Department of Environmental
past & present Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sherri L. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lee County Attorney represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
State of Florida Department of represented by Harold George Vielhauer
Environmental Protection, and Division (See above for address)
of Recreation and Parks LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jack N. Peterson
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Case 2:07-cv-00228-JES-SPC Document 365 Filed 06/15/09 Page 15 of 16
8/4/2010 $5,048.60 EXTORTION SCAM, DEF. CL…
From: [email protected]
To: [email protected]; [email protected]; [email protected];
[email protected]; [email protected];
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[email protected]
Subject: $5,048.60 EXTORTION SCAM, DEF. CLERK DREW HEATHCOAT, DOC. # 425
Date: Wed, Aug 4, 2010 1:14 pm
http://www.scribd.com/doc/35361666/Drew-Heathcoat-Extortion-Scam
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8/4/2010 $5,048.60 EXTORTION SCAM, DEF. CL…
RE:
DREW HEATHCOAT EXTORTION SCAM, FALSIFIED “$5,048.60 writ”,
Dear Sirs:
The final money judgment issued as mandate 06/11/2009 was in the amount of $24.30, Doc. #
365.
Defendant K. M. Wilkinson bought Drew Heathcoat for the criminal and illegal purposes of
falsifying a “writ of execution”, Doc. # 425.
Def. Heathcoat knew and concealed that the fictitious “July 29, 2009, judgment” had never
existed, and that on 06/11/2009, the 11th Circuit had lost jurisdiction.
The “Bill of Costs” form, Doc. # 386-4, Case No. 2:2007-cv-00228 was blank.
Published at www.scribd.com.
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Case 2:07-cv-00228-JES-SPC Document 365 Filed 06/15/09 Page 1 of 16
Federal Bureau of Investigation
Dear Sirs:
The final money judgment issued as mandate 06/11/2009 was in the amount of $24.30, Doc. #
365.
Defendant K. M. Wilkinson bought Drew Heathcoat for the criminal and illegal purposes of
falsifying a “writ of execution”, Doc. # 425.
Def. Heathcoat knew and concealed that the fictitious “July 29, 2009, judgment” had never
existed, and that on 06/11/2009, the 11th Circuit had lost jurisdiction.
The “Bill of Costs” form, Doc. # 386-4, Case No. 2:2007-cv-00228 was blank.
Published at www.scribd.com.
From: [email protected]
To: [email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected];
[email protected]
Bcc: [email protected]; [email protected]; [email protected]
Subject: EXTORTION OF $5,048.60, DOC. # 425; Def. Drew Heathcoat
Date: Tue, Aug 3, 2010 9:49 pm
The final money judgment issued as mandate 06/11/2009 was in the amount of $24.30, Doc. # 365.
The “Bill of Costs” form, Doc. # 386-4, Case No. 2:2007-cv-00228 was blank.
Published at www.scribd.com.
mail.aol.com/…/PrintMessage.aspx 1/1
8/4/2010 You should know this
From: [email protected]
To: [email protected]; [email protected]
Subject: You should know this
Date: Wed, Aug 4, 2010 9:43 am
I wanted you to know, Dr. Busse, that my heart is with you...and Jennifer Prescott, as
with all of the others, who have had their property rights severely violated. It is a very
sad situation, as I don't believe that any one person has any more rights than the
next, as we are all "equal", especially when it comes to a piece of property that you
have worked so hard for and paid for honestly and is taken away from you by
someone else, who did nothing but covet. Perhaps the constitutionality of the law
should seriously be questioned, especially when there is tyranny involved. I hope,
that I get the opportunity and pleasure of meeting both you and Jennifer one of these
days. :-) I admire you for speaking up and addressing this issue. Sincerely, Angela
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Case 2:07-cv-00228-JES-SPC Document 432-2 Filed 05/21/10 Page 1 of 1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NOTICE OF APPEAL FROM FRAUDULENT “order(s)”, DOC. ## 434, 435, 424, AND
ANY AND ALL NULL & VOID “orders” BY DEF. J. E. STEELE & S. P. CHAPPELL,
AND FALSIFIED “writ of execution”, DOC. ## 425, 424, 434, 435, 433, 430; AFFIDAVIT
EMERGENCY MOTION TO ENJOIN FRAUD ON COURT, DOC. ## 435, 434, 424, 425
1. A judgment, order, or decree does NOT become a lien on real property unless the address of
the person who has a lien as a result of such judgment, order, or decree is contained in the
judgment, order, or decree or an affidavit with such address is simultaneously recorded with
2. Multiple publicly recorded NOTICES, and NOTICES OF APPEAL such as, e.g., Doc. ##
427, 428, had given this Court repeated notice and conclusive proof of, e.g., publicly
3. However, this Court and the U.S. Court of Appeals for the 11th Circuit only intensified their
extortion. See, e.g., Doc. ## 435, 434, 425, 426. Said Courts are operating just like crime
organizations. Public records and conclusive record evidence mean absolutely nothing.
whistleblowers such as here, e.g., the Plaintiff Appellant Dr. Jorg Busse are the policy,
4. Here, there had been NO judgment in the falsified amount of “$5,000.00” and/or
“$5,048.60”. Here, there had been NO “July 29, 2009” judgment, order, or decree. Here,
there had only been a final mandate and money judgment for “copies” under Rule 39,
Fed.R.App.P., in the amount of $24.30, Doc. # 365. Here, Dr. Jorg Busse had paid the
$24.30 for the “copies” to Defendant Appellee K. M. Wilkinson. Therefore here, Defendant
Racketeer Kenneth M. Wilkinson had NO lien, and the “motion for entry of order directing
public sale of real property”, Doc. # 432, was a prima facie racketeering, extortion, and
2
DEF. STEELE CONCEALED PERJURY & GOVERNMENT EXTORTION SCHEME
5. Here, Defendant Steele fraudulently concealed that the fraudulent “Affidavit” by Def. Jack
N. Peterson had falsified a fake “July 29, 2009” “judgment” “in Docket 08-13170-BB”.
6. Here, CASE No. 2008-13170-BB had been CLOSED on 06/11/2009. See said Case Docket.
7. Here, Defendant Steele fraudulently concealed that NOTHING could have possibly
“become a lien on real property” and/or on Plaintiff(s)’ riparian Parcel, S-T-R-A-P # 12-44-
9. Here, Defendant Steele fraudulently concealed that the facially fraudulent “writ of
10. Plaintiff Dr. Jorg Busse had asserted and conclusively proven in his Third Amended
“24. Without title evidence in the public Grantor/Grantee Index, Defendant [Kenneth
M. Wilkinson; Property Appraiser] conspired to concoct un-platted lot A (Property
I.D. 12-44-20-01-00000.00A0), block 1 (Property I.D. 07-44-21-01-00001.0000), and
park.” Id., p. 24. See attached Exhibits, USA, Ex Rel. et al. v. USA et al.
11. Defendant Crooked Judge Steele conspired with other Judges, Defendants, and Officials to
pervert official records, documents, and Florida law. Here, e.g., s. 55.10, Fla. Stat. stated:
3
(1) A judgment, order, or decree becomes a lien on real property in any county
when a certified copy of it is recorded in the official records or judgment lien
record of the county, whichever is maintained at the time of recordation, provided
that the judgment, order, or decree contains the address of the person who has a
lien as a result of such judgment, order, or decree or a separate affidavit is
recorded simultaneously with the judgment, order, or decree stating the address
of the person who has a lien as a result of such judgment, order, or decree. A
judgment, order, or decree does not become a lien on real property unless the
address of the person who has a lien as a result of such judgment, order, or decree
is contained in the judgment, order, or decree or an affidavit with such address is
simultaneously recorded with the judgment, order, or decree.”
FRAUDULENT PRETENSES AND OBSTRUCTION OF JUSTICE & FILINGS
12. Defendant Corrupt U.S. Judge John Edwin Steele fraudulently pretended, Doc. # 434:
“This matter comes before the Court on review of defendant’s Motion for Entry of
Order Directing Public Sale of Real Property (Doc. # 432) filed on May 21, 2010. No
response has been filed and the time to respond has expired. Upon review, the Court
desires a response from plaintiff.”
Here over and over again, Plaintiff Dr. Jorg Busse and Jennifer Franklin Prescott had
“filed”, e.g., multiple “responses”, court actions, appeals to directly attack, defend
against, and expose Defendant Crooked U.S. Judge John E. Steele’s publicly recorded:
a. Racketeering;
b. Extortion;
c. Obstruction of justice;
d. Deliberate deprivations;
e. Acceptance of bribes;
f. Fraud upon the State and Federal Courts;
g. Destruction and alteration of Court records;
h. Corruption.
13. Def. Steele recklessly deceived the Court, because he disallowed the Plaintiffs to “respond”
and then fraudulently pretended that the Plaintiffs had purportedly not responded. However
as a matter of record, the Plaintiffs had published conclusive evidence of their filed
“responses” worldwide. Here, more than one Million readers had read the “responses”,
4
which Def. Crook Steele had destroyed, altered, and rejected, and caused others to
14. As part of a criminal organization, Def. Steele fabricated and conspired to fabricate a
“In this regard, some of the allegations in the Third Amended Complaint are
contradicted by the resolution which is attached to it. The copy of the Resolution
attached to the Third Amended Complaint establishes that it was signed, executed,
and duly recorded in the public records, and plaintiff will not be allowed to assert
otherwise.” See Doc. # 338, p. 12.
Here, no authentic genuine “resolution” was “attached to the Third Amended Complaint”,
Doc. ## 288, 282. Pursuant to Fed.R.Civ.P. 44, there was a lack of any publicly recorded
“resolution”. No genuine resolution had ever legally existed; none had ever been legally
recorded.
Here by not allowing the Plaintiffs to assert otherwise, Def. Steele recklessly deprived the
Plaintiffs of any opportunity of justice. Here, Def. Criminal Steele perpetrated fraud on the
Just like other crime organizations, Steele relied on silencing his opponents, retaliation,
15. In “the Third Amended Complaint”, the Plaintiff(s) had “asserted” and conclusively proven,
e.g., the:
16. Only a “court judgment” could have possibly transferred title to Government and/or Lee
County. Here on its face, the facially forged “resolution” was
a. Not any court judgment;
b. Not any muniment of title;
c. Not any genuine instrument:
d. Not any conveyance;
e. Not authentic.
5
RACKETEERING, EXTORTION, DECEPTION, AND FRAUD ON THE COURT
17. Therefore, any “resolution” – forged or genuine – would have been, and could have only
been, entirely irrelevant, immaterial to any involuntary title transfer, because only a court
judgment could have possibly divested the Plaintiffs of their private riparian street easement
18. Here in exchange for bribes, Def. Criminal Steele perverted supreme law and “disallowed“
the Plaintiffs to assert the truth and public record evidence without which any justice was
absolutely impossible.
19. The Plaintiff(s) do not submit to said Criminal on the bench just like they would not submit
to a Roman Catholic priest demanding to fuck the Plaintiff(s) in the ass. Here, the Plaintiffs
defended against organized Government crimes & sodomy and sued Defendant Racketeer J.
20. Here on the record, Def. Crook Steele adopted the policies and custom of crime
DEF. RACKETEER STEELE’S FACIALLY IDIOTIC & ILLEGAL “order”, DOC. # 434
21. No intelligent, rational, fit, and reasonable judge and/or person in Def. Crooked Judge
Steele’s shoes could have possibly allowed the fake “writ of execution”, Doc. # 425, and the
22. Any enforcement of a non-existent “judgment” against Dr. Busse by “public sale” of said
adjoining riparian street land and private implied street easement on the Gulf of Mexico
would have been absolutely impossible, if the record title had been in the name of
6
23. “Publicly selling” the very riparian street land and private Gulf-front street easement, PB
3 PG 25 (1912), which Lee County had fraudulently “claimed” to “own” [but never did and
could not possibly have owned as a matter of law] further exposed and conclusively proved
the prima facie idiotic and criminal mind of Def. Racketeer John Edwin Steele.
Emboldened by absolute power and public corruption, Def. Steele continued his record
24. One of the legal issues had been Plaintiff(s)’ unimpeachable record ownership of the
platted riparian street land and implied private street easement adjoining Plaintiffs’ upland on
the Gulf of Mexico, S-T-R-A-P 12-44-20-01-00015.015A (Lot 15A, Cayo Costa) as legally
described and perfectly conveyed to Plaintiff Dr. Busse and J. Franklin Prescott in reference
to the 1912 Plat of Survey of the private undedicated “Cayo Costa” Subdivision in Lee
County Plat Book 3, Page 25. See Plaintiffs’ WARRANTY DEED, Lee County
conveyance; see PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th
25. Here as a matter of law, “Public Sale of Real Property”, which Def. Steele had
fraudulently pretended to have been “claimed” by Lee County was absolutely impossible.
Here, Def. Steele made a fool of himself, because that which had been “claimed” by
26. Here in his fraudulent “opinion and order”, Doc. # 338, Steele brazenly fabricated and
falsified “Government ownership” without any evidentiary support whatsoever. Def. Steele
knew that “those [fake] lots” had never been “owned by government”, which had been the
7
very issue for the Court’s review. Here, “12-44-20-01-00000.00A0” and “07-44-20-01-
00001.0000” were prima facie fake “land parcels”, which Defendants Steele and Sheri
Polster Chappell could not find on the 1912 Cayo Costa Plat, PB 3 PG 25, because they had
27. As a Criminal in this Crime Organization of record, Def. Steele extended the
“Third Amended Complaint states that defendants have taken over 200 acres
pursuant to the Resolution, far in excess of his 2.5 acres. The only assertion of
disparate treatment is for those lots owned by government, which plaintiff alleges
did not have their rights taken. However, a private owner such as plaintiff can not be
compared to a public owner such as a government unit. Therefore, no equal
protection claim is stated, and such claims will be dismissed without prejudice.”
See Doc. # 338, p. 13.
“Plaintiffs will not be allowed to assert” “those [fake] lots owned by Government”,
which nobody can find on the Cayo Costa Plat. Plaintiffs will not be allowed to assert
the public record evidence of the non-existence and forgery of said fake “lots”.
Therefore, the case is dismissed and fixed in exchange for bribes.
29. By criminal means of fake “land parcels”, and a fake “resolution”, Defendant Governments
and Officials extorted, defrauded, deprived, and treated the Plaintiffs disparately, while
the Plaintiffs were never even allowed to assert the conclusive record evidence and truth.
Here, there was fraud on the Court, and any and all of Def. Steele’s “orders” were null and
void ab initio.
30. Pleading, e.g., fraud, conspiracy to defraud, deprivations, conspiracy to deprive, forgery
of “land parcels”, and extortion were remedies available in Florida and Federal Courts. See
8
31. Just like a bungling Government idiot, Defendant Steele concealed and conspired with
a. Plaintiff(s)’ perfect record title to their adjoining street land never transferred to Lee
County, FL;
b. Plaintiff(s)’ unimpeachable record title could not have possibly transferred under any
existing law or modification thereof, Fed.R.Civ.P. 11;
c. Lee County’s sham “claims” were facially fraudulent and frivolous “claims” for
criminal and illegal purposes of racketeering, retaliation, extortion of money
($5,048.60) and land, and illegal “sale of real property”, Doc. # 434;
d. Lee County never “claimed” and could not have possibly claimed Plaintiff(s)’ street land
under any law;
e. The law did not recognize Lee County’s racketeering & extortion scheme “O.R.
569/875”.
See Chapters 73, 74 (Eminent Domain); 95 (Adverse Possession); 712 (Florida’s self-
enforcing Marketable Record Title Act), Fla. Stat.; Florida’s express Const. Guarantees of
fundamental rights to own real property and exclude Government without, e.g.,
32. Because Def. Steele is part of a criminal organization, Def. Steele retaliated and silenced
the Plaintiff(s) in said idiotic, arbitrary, capricious, and malicious manner of public record. In
particular, Steele shut up the Plaintiffs by calling them names such as, e.g., “vexatious”.
33. Only if Plaintiffs’ unimpeachable record title to said riparian street land and private riparian
street easement had never transferred from the Plaintiffs to Lee County and/or Government,
could there possibly be any “public sale” of said private riparian street easement and land
“on the Gulf of Mexico”. See PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395,
396-97 (11th Circuit Apr. 21, 2009). Here for bribes, and under color of authority, sanctions
and punishment, Def. Steele retaliated and called the Plaintiffs names such as, e.g.,
“vexatious”.
34. Because pursuant to their publicly recorded Warranty Deed, the Plaintiff(s) were the
exclusive record owners and title holders of said street land and private street easement on
the Gulf of Mexico, PB 3 PG 25 (1912), Lee County’s facially criminal and illegal “claims”
9
of a “regulation”, “resolution”, “O.R. 569/875”, fake “land parcels”, et al. had been a prima
facie extortion and racketeering scheme. See UNITED STATES OF AMERICA Ex Rel. et
35. Under publicly recorded fraudulent pretenses of, e.g., “frivolity”, “vexatiousness”,
up and fraudulently concealed the recorded Government pattern and policy of, e.g.:
a. Racketeering;
b. Extorting “under color of” a fake “July 29, 2009 judgment”;
c. Extorting “under color of” a non-existent “$5,048.60 judgment”;
d. Extorting & defrauding “under color of” fake “land parcels” which could not be found;
e. Extorting & defrauding “under color of” prima facie scam “O.R. 569/875”;
f. Perverting a final “$24.30” money judgment & mandate into a fake “writ of
execution”, Doc. # 425.
J. E. STEELE & B. B. MARTIN FABRICATED “writ of execution”, DOC. # 425, 434, 435
37. In the recorded presence of a final “$24.30” money judgment issued as mandate on
06/11/2009 for costs of Appellees’ copies, Doc. # 365, and in the record absence of any
“$5,048.60 judgment”, Def. Steele knew and fraudulently concealed that the fake “writ of
10
execution”, Doc. # 425, had been falsified and was null and void. On its very face, no U.S.
judge and no witness had appeared on the falsified “writ”, Doc. # 425.
38. Def. Steele conspired with other Government Officials and Defendants to cover up and
fraudulently conceal the prima facie criminality, illegality, and nullity of, e.g.:
39. Here, Government and judicial racketeering, extortion, obstruction of justice & court
access, bribery, public corruption, fraud, and deliberate deprivations did not, and could
not possibly, involuntarily divest the Plaintiff(s) of their record title to riparian Parcel “12-44-
40. Under Florida law, a non-existent judgment did not become, and could not have possibly
become a lien on real property. Here, section 55.10 could not have possibly applied to a
non-existent “mandate”. Here, the final mandate of $24.30” for “copies”, Doc. # 365, had
been paid. See Affidavits on file. Furthermore here, Defendant Steele fraudulently
concealed that
“A judgment, order, or decree does not become a lien on real property unless the
address of the person who has a lien as a result of such judgment, order, or decree is
contained in the judgment, order, or decree …” See Ch. 55, Florida Statutes.
Here, judicial Defendants knew and fraudulently concealed that there could not have
11
OBSTRUCTION OF JUSTICE, BRIBERY, AND RACKETEERING
41. In exchange for bribes, Defendant Racketeer John E. Steele silenced the Plaintiffs and kept
a. Disallowed the Plaintiffs to assert the truth and conclusive public record evidence;
b. Removed Plaintiffs’ State action to Federal Court;
c. Removed and destroyed Plaintiffs’ State Court records;
d. Unlawfully sanctioned and punished the Plaintiffs;
e. Arbitrarily & capriciously denied the Plaintiffs equal electronic court access;
f. Illegally enjoined the Plaintiffs from filing their pleadings;
g. Rejected Plaintiffs’ pleadings;
h. Caused the Def. Clerk to alter and destroy Court records and crime evidence;
i. Retaliated against the Plaintiffs;
j. Caused the Def. U.S. Marshal to threaten, intimidate, and harass the Plaintiffs.
43. The 11th Circuit decided Case 2008-13170-BB by opinion entered on “03/05/2009”. On
06/11/2009, the Defendant Clerk of said Appellate Court filed the mandate, which consisted
of a copy of the opinion and a judgment that had been drafted and signed by a Clerk of said
Court, and directions as to costs in the amount of $24.30. See Fed.R.App.P. 41.
44. The Clerk of the Court signed her name on a copy of the judgment, which was stamped
45. Here, Defendants Beverly B. Martin, Kenneth M. Wilkinson, John E. Steele, Sheri Polster
Chappell, Sherri L. Johnson, Jack N. Peterson conspired to cover up and conceal that
12
a. No “$5,048.60 judgment”, “order”, or “decree” had ever been entered.
b. No “$5,048.60 judgment” had ever been issued as mandate.
c. No “$5,048.60 judgment” had ever been received by the U.S. District Court.
d. No “$5,048.60 judgment” had ever been recorded by the U.S. District Court Clerk.
46. Dr. Jorg Busse and Jennifer Franklin Prescott are suing Defendant Racketeer John Edwin
Steele for, e.g., racketeering, extortion, retaliation, fraud, and reckless deprivations.
47. Def. Racketeer John E. Steele perverted a publicly recorded $24.30 money judgment
(“issued as mandate June 11, 2009”) into a $5,048.60 and real property extortion scheme
and conspiracy. See Doc. ## 434, 435, 425, 422, 365, 386, 288, 282, 1, 25, 338.
48. By criminal means of falsifying a fake “$5,048.60 judgment”, Def. Corrupt Judge Steele
retaliated against Plaintiffs Dr. Jorg Busse & J. Franklin Prescott, Doc. ## 434, 425, 435.
49. Def. U.S. Racketeer John E. Steele fraudulently concealed the publicly recorded $24.30
money judgment “issued as mandate June 11, 2009”, Doc. ## 365; 434, 435, 422, 425, 338.
50. Racketeer John E. Steele conspired with other Government Officials and Defendants to
extort “$5,048.60”, Dr. Jorg Busse’s and Jennifer Franklin Prescott’s riparian real property,
and Hundreds of Acres of land and implied private easements under, e.g., false and
00001.0000”, and “under color of” prima facie forged and fraudulent “O.R. 569/875”.
13
51. Defendant Crooked U.S. Judge John E. Steele could not locate said fake “land parcels” on
the 1912 Plat of Survey of the private undedicated residential Cayo Costa Subdivision in Lee
52. Def. Extortionist John E. Steele conspired with other Officials and Defendants to
fraudulently conceal the lack of any “$5,048.60 judgment” and said fake “land parcels”.
53. The publicly recorded $24.30 money judgment “issued as mandate June 11, 2009”, Doc.
54. Here, no “sanctions”, no “fees”, and no “$5,048.60” had ever been “documented”.
55. In the record absence of any “$5,048.60 judgment” against Dr. Jorg Busse, no “witness” and
no “United States Judge” appeared on the face of the falsified “writ of execution”, Doc. #
425, Case 2:2007-cv-00228. See also scam Doc. ## 434, 435, 425, 422, 338.
56. For criminal and illegal purposes of concealing racketeering and extortion, Defendant
Crooked Judge John E. Steele had obstructed justice and Plaintiff(s)’ Court access, Doc. #
“No response has been filed and the time to respond has expired. Upon review, the
Court desires a response from plaintiff…”
14
RECORDED & PUBLISHED RACKETEERING & EXTORTION
57. The publicly recorded $24.30 money judgment “issued as mandate June 11, 2009”. See
58. The $24.30 money judgment was awarded pursuant to Rule 39, Fed.R.App.P.
59. A copy of the final $24.30 money judgment issued as mandate was included in Defendant
Appellee’s facially fraudulent “motion for issuance of a writ of execution”, Doc. # 386. See
60. Of the $29.70 requested in Racketeer Wilkinson’s Bill of Costs, Doc. # 386, the 11th Circuit
61. Here, $24.30 were the allowed actual and necessary costs.
62. Pursuant to Doc. ## 365 (p. 1), 386-3 (p. 1), the U.S. District Court received and filed the
15
RACKETEERING: EXTORTION OF MONEY:
63. Defendant Racketeer Wilkinson extorted money, Doc. # 386, by fraudulently pretending
“The Judgment
4. On August 22, 2008, Wilkinson filed a Motion for Sanctions pursuant to Eleventh
Circuit Rule 27-4 …”
Said Rule 27-4 motion could not have possibly been for a “frivolous appeal”.
BRIBERY
65. Here, Defendant Appellee K. M. Wilkinson and his Attorney had no right to bribe the 11th
Circuit and illegally cause the 11th Circuit to fraudulently alter the recorded final $24.30
mandate after the CASE HAD BEEN CLOSED and the 11th Circuit had LOST
JURISDICTION.
66. Def. Wilkinson’s record racketeering and extortion were illegal and unauthorized by
law.
16
RACKETEERING & EXTORTION IN VIOLATION OF:
67. The $24.30 money judgment pursuant to Rule 39, Fed.R.App.P., became final on June 15,
2009.
68. With wanton disregard for Plaintiff(s)’ rights and due process, Def. Wilkinson violated the
70. Here, the “judgment”, No. 2008-13170-BB had been “entered: March 5, 2009”, Doc. ##
365, 386. Defendant Appellee Wilkinson had filed with the circuit clerk a $24.30 Bill of
17
Costs. “Date signed” was “3-17-2009”, which was “issued on: Jun 11 2009”, Doc. ## 365,
72. The “14 days after entry of judgment” on “March 5, 2009” had expired on March 19,
2009.
73. An appeal becomes final on the date the mandate is issued. Here, the judgment entered
74. Since the clerk had responsibilities for entering a judgment, Fed.R.App.P. 36, and for
taxation of costs, Fed.R.App.P. 39(d), the duty to issue the mandate contemplated by Rule 41
75. The Eleventh Circuit has held that the action becomes final on the date the district court
receives the appellate court's mandate. See U.S. v. Lasteed, 832 F.2d 1240-43 (11th Cir.
1987). The District Court received and filed the Appellate Court’s June 11, 2009 mandate on
JUN 15 2009 when the Appeal, No. 2008-13170-BB, became final. Thereafter, the 11th
Circuit had no jurisdiction as a matter of law. Here, there have been publicly recorded
76. Jurisdiction followed the mandate. “The effect of the mandate is to bring the proceedings
in a case on appeal in our Court to a close and to remove it from the jurisdiction of this
Court, returning it to the forum whence it came.” It was the date on which the $24.30
mandate was received and filed, Jun 15, 2009, which determined when the district court
77. Issuance of the $24.30 mandate on June 11, 2009, and the District Court’s receipt and filing
on June 15, 2009 was an event of considerable institutional significance. A mandate could
18
NOT possibly “simply” "issue", because it should have been issued, or because the panel may
have intended it to issue, or because the statute commands it to issue. See F.R.App.P. 27, 41.
78. The Plaintiffs hereby adopt by reference their attached Federal action in this published
Government Racketeering and Corruption Notice, USA, Ex Rel et al. v. USA et al.
79. Defendant Racketeer Wilkinson retaliated on or around August 20, 2008, Doc. # 386-2:
“In order to discourage the Appellant from engaging in the same practices …”
80. Wilkinson coerced Plaintiff Appellant to refrain from rightful prosecution for prima facie
81. Just like Defendant Racketeer Wilkinson had falsified fake “land parcels”, and a fake “real
“judgment”; “July 29, 2009 in Docket 08-13170-BB against Appellant JORG BUSSE in the
amount of $5,048.60.” See, e.g., INSTR 4371834, O.R. 4517 PG 1914, Collier County
Circuit Court.
82. Here, Defendant Racketeer Wilkinson could not have possibly held that which had never
existed. Here, said $24.30 money judgment had been the final mandate, and the facially
null and void “writ of execution”, Doc. # 425, was a prima facie racketeering and
extortions scheme just like the fake “regulation”, fake “legislative act” and/or “O.R.
569/875” that had never legally existed and never been legally recorded.
83. Plaintiff Dr. Jorg Busse attached a copy and Exhibits of prima facie racketeering-
extortion-fraud schemes, Documents ## 432, 434, and 435, and adopted them by
84. The publicly recorded and facially fraudulent attachment of a fake judgment and/or debt
85. Jack N. Peterson and Def. Appellee K. M. Wilkinson conspired to perpetrate fraud on the
Courts and attach a sanctionable “memorandum” to their unlawful motion, Doc. # 432.
86. Here, there had been NO lien. Here, Def. Wilkinson did NOT have any lien. Here, Def.
Wilkinson had NOT been any “$5,048.60 judgment holder”. Here, there had been NO
87. Here that which did NOT exist and/or was NULL and VOID could NOT have possibly been
88. If there had been any authentic judgment, any valid order, and any genuine lien, Plaintiff(s)
would have been entitled to “transfer” under Florida law, s. 55.10, Fla. Stat.:
“(5) Any lien claimed under this section may be transferred, by any person having an
interest in the real property upon which the lien is imposed or the contract under which
the lien is claimed, from such real property to other security by either depositing in the
clerk's office a sum of money or filing in the clerk's office a bond executed as surety by a
surety insurer licensed to do business in this state. Such deposit or bond shall be in an
amount equal to the amount demanded in such claim of lien plus interest thereon at the
legal rate for 3 years plus $500 to apply on any court costs which may be taxed in any
proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any
judgment, order, or decree which may be rendered for the satisfaction of the lien for
which such claim of lien was recorded and costs plus $500 for court costs. Upon such
deposit being made or such bond being filed, the clerk shall make and record a certificate
showing the transfer of the lien from the real property to the security and mail a copy
thereof by registered or certified mail to the lienor named in the claim of lien so
transferred, at the address stated therein. Upon the filing of the certificate of transfer,
the real property shall thereupon be released from the lien claimed, and such lien shall be
transferred to said security. The clerk shall be entitled to a service charge of up to $15 for
making and serving the certificate. If the transaction involves the transfer of multiple
liens, an additional service charge of up to $7.50 for each additional lien shall be charged.
Any number of liens may be transferred to one such security.”
20
NO service OF ANY “writ of execution” UPON DR. JORG BUSSE
89. Here, Dr. Jorg Busse was never served and could not have possibly been served [with] any
“writ of execution”. No evidence of any service existed on the record. Doc. ## 425, 429, 430,
were facially fraudulent and for criminal and illegal purposes of, e.g., racketeering,
brazen violation of, e.g., the 4th, and 14th U.S. Constitutional Amendments, and Chapters
90. Under color of a prima facie falsified “writ of execution”, Doc. ## 425, 435, 434 and in the
publicly recorded absence of any debt, and after Dr. Jorg Busse had paid the final
mandate of $24.30 for “copies” (under FRAP 39) to Def. Wilkinson, the Def. U.S. Marshal
and Defendants Richard Jessup and Ryan Barry recklessly extended, e.g., the extortion,
racketeering, and organized crimes of public record in order to retaliate against Dr. Busse,
extort fees and said real property without any authority and for organized and conspiratorial
criminal purposes. Here, said Officials coerced the Plaintiff(s) to refrain from rightful
prosecution and obstructed justice. Here, any and all Marshal(s), Sheriff(s), and/or law
enforcement Officials were under the absolute obligation to NOT enforce and/or suspend
any proceedings on the illegal execution of the facially fraudulent and forged “writ”, Doc.
FRAUDULENT AND ILLEGAL execution, CH. 56, 55, U.S. CONST. AMENDMENTS
91. Here Dr. Jorg Busse had demanded, has been demanding, and again demands the
facie fictitious, un-documented, un-substantiated, un-recorded and null and void debt in
the facially falsified amount of “$24.30”. Here. Dr. Busse had fully paid the $24.30 final
21
money judgment and 06/11/2009 mandate (“copies”). Here, the Defendants and Wilkinson
knew that the 11th Circuit never had any jurisdiction and authority to alter and amend the
“$24.30 mandate/judgment” and to sanction and punish the Plaintiff corruption victim Dr.
92. In this organized crime scheme, Defendant Beverly Martin had suspended, and conspired
with, e.g., judicial Def. Steele, Chappell, Lazzara, Pizzo, Honeywell, and other Defendants
and Officials to suspend, the Rules and extended anarchy and lawlessness to obtain
unlawful benefits. Here, Def. Crooked Judge Martin recklessly violated Section 838.022,
1. An Order declaring that Defendant K. M. Wilkinson did NOT “have any lien”;
2. An Order declaring that Defendant Wilkinson did NOT “hold any $5,048.60 judgment” as
falsely pretended and falsified by said Defendant Wilkinson and Defendant Crooked
asserting a fake “July 29, 2009 judgment” in the Collier and Lee County Public Records;
proceedings on any illegal and criminal execution in violation of, e.g., Chapters 55 and 56,
Fla. Stat., and the 4th, 14th, 1st, and 7th U.S. Const. Amendments, 18 U.S.C. §§ 1961 – 1968;
4. An Order sanctioning Defendant Attorney JACK N. PETERSON for recorded perjury and
conspiring with Def. Wilkinson and other Government Officials to extort, racketeer,
retaliate, and deliberately deprive Dr. Jorg Busse and Jennifer Franklin Prescott;
5. An Order declaring the final record mandate in the amount of $24.30 paid;
22
6. An Order vacating and setting aside the facially oppressive and unconstitutional “pre-filing
injunction”, Doc. # 245, Case No. 2:2009-cv-00791, which on its face was for criminal and
the organized Criminals and criminal Defendants in this Court and the 11th Circuit;
7. An Order restraining and preventing the record violations of section 1962 under the RICO
civil provisions;
8. An Order declaring the lack of any recorded mandate and/or money judgment other than the
$24.30, which was “issued as mandate on June 11, 2009” and recorded on June 15, 2009
pursuant to the certified Docket, Case No. 2:2007-cv-00228, U.S. District Court, M.D.
9. An Order declaring that the U.S. Court of Appeals for the 11th Circuit had lost jurisdiction
on 06/11/2009, as had also been evidenced by its own Case Docket, 08-13170-BB];
10. An Order sanctioning and punishing Defendant Kenneth M. Wilkinson for the publicly
recorded falsifications of, e.g., said fake “judgment”, “land parcels”, fake “resolution”,
11. An Order declaring INSTRUMENT 4371834, O.R. 4517 PG 1914, Collier County Public
Records, and the equally fraudulent filing in Lee County part of a racketeering, extortion,
12. An Order restraining any further racketeering by Defendant Government Officials and in
particular the illegal forced selling of Plaintiffs’ said riparian Cayo Costa property, Lot 15A,
13. An Order dissolving and/or reorganizing the corrupt Government enterprise under, e.g., civil
23
14. An Order removing the publicly recorded corrupting influence and make due provision for
said express fundamental rights of innocent persons under the Florida and Federal
Constitutions and, e.g., the 14th, 1st, 7th, 4th, 5th, and 11th U.S. Constitutional Amendments;
15. An EMERGENCY Order recusing Defendant Crooked, Objectively Partial, and Unfit
16. An Order making the Government enterprise of record subject of injunctive relief, because it
is designed to aid the illegal enterprise of, e.g., obstructing justice, retaliating and
17. An Order enjoining said U.S. Courts from retaliating against the Plaintiffs because they
blew the whistle on Government crimes & corruption, rather than punishing the Defendant
Racketeers of record and providing remedies and relief to the Plaintiff racketeering and
corruption victims;
18. An EMERGENCY Order recusing Defendant Crooked and Objectively Partial and Unfit
Judge C. E. Honeywell;
19. An EMERGENCY Order recusing Defendant Corrupt and Objectively Partial and Unfit
21. An Order declaring Plaintiffs’ record title to Lot 15A, Cayo Costa, free & clear and
unencumbered;
00001.0000” falsified and prima facie forgeries as conclusively evidenced by the 1912
23. An Order for EMERGENCY relief from the publicly recorded public corruption, extortion,
WILKINSON] INSTR 4371834, O.R. 4517 PG 1914, Collier County Public Records
B. PRIMA FACIE NULL & VOID “writ of execution”, Case No. 2:07-cv-00228
C. PRIMA FACIE NULL & VOID “O.R. 569/875” AND LAND EXTORTION SCHEME
CERTIFIED docket at B., which evidenced the lack of any such “appeal” and the
“DISMISSAL AS FRIVOLOUS”
J. Third Amended Complaint, Case No. 2:2007-cv-00228, Doc. # 288, 282 (11 pages),
PRIMA FACIE NULL AND VOID “legislative act” and/or “law”, Fake “O.R. 569/875”,
ETHICS COMPLAINT against Def. Crooked Lee County Official JACK N. PETERSON
Attached as Page 10 of 11
27
Sanctions for Filing of a frivolous Motion”, “Rule 27-4”, Case No. 2:2007-cv-00228, Doc. #
JUDICIAL RETALIATION, and EXTORTION under color of fake “judgment” & “writ”,
M. Lee County, FL, INSTRUMENT # 2010000171344, WARRANTY DEED Lot 15A, “Cayo
judgment, Doc. # 386, Case No. 2:2007-cv-00228, by Def. Racketeer Jack N. Peterson;
O. Lee County Tax Collector’s Office, Statement of Paid Property Taxes, Lot 15A, Cayo Costa
(2 pages)
By Defendant Racketeers Dubina, Chief Judge, Tjoflat, and Birch, Circuit Judges
Facially forged and pasted “certification”, Doc. # 386-5, p. 2, right lower corner
From The Office of Lee County, Florida, Attorney, Dec. 29, 2000, Joan C. Henry, Esq.
R. 1912 Plat of undedicated private “Cayo Costa” Subdivision in Lee County Plat Book 3, P. 25
S. Recorded Survey of riparian Lot 15A, Cayo Costa, PB 3 PG 25 (1912) on the Gulf of Mexico
28
T. Fraudulent Lee County Inventory Control File, FALSIFIED parcel 12-44-20-01-00000.00A0
O.R. 1651 / 2488, O.R. 2967 / 1084 – 1090, BLUE SHEET 980206, 03/24/1998(6 pages)
V. Falsified “resolution”, “legislative act”, and/or “law” by Def. Racketeer John Edwin Steele,
X. Bill of Costs Issued as Mandate June 11 2009, in the amount of $24.30, FRAP 39 (1 p)
Y. Fraudulent “Conclusion” and Case Fixing by Defendant U.S. Circuit Judges, Doc. # 365,
REMOVED to U.S. District Court by Def. Judges John E. Steele and S. Polster Chappell
AA. EXTORTION & PUBLIC CORRUPTION NOTICE to Def. Drew Heathcoat, U.S.
Clerk (2 pages)
Circuit
DD. DESTRUCTION of Docket No. 201010963, U.S. Court of Appeals, 11th Circuit
Def. JOHN LEY, U.S. Circuit Clerk, 11th U.S. Appellate Circuit (2 pages)
GG. Motion to Stay Prima Facie Illegal Execution as a Matter of Law, Case No. 2:10-cv-
00390 (5 pages)
29
HH. Section 838.022, Florida Statutes, OFFICIAL MISCONDUCT
II. Case No. 2:2010-cv-00089, Doc. # 29, pp. 4, 7, Def. U.S. Attorney, Tony West, Matthew
JJ. FACIALLY FALSIFIED “writ of execution”, Case No. 2:2007-cv-00228, Doc. # 425
Interrogatories” under oath, 10/22/2007; in particular, asserting under oath the RECORD
MM. Florida 19th Statewide Grand Jury on Public Corruption (09/30/2009 Petition),
NN. FALSIFIED “Plat” of “Cayo Costa Subdivision” as falsified and filed by Defendant
OO. Publicly recorded Case Fixing and Obstruction of Justice by Defendant Judges Gerald
B. Tjoflat, Susan Birch, and Joel F. Dubina, Chief Judge, U.S. Court of Appeals, 11th Circuit,
PP. Fraudulent Order, Case No. 2:2007-cv-00228, Doc. # 422, pp. 17-18, by Defendant
access, and retaliation under fraudulent pretenses of, e.g., “writ of execution”, “lack of
and office.
QQ. FBI Complaint against Def. Lee County Commissioner John Manning
RR. Concealment of fake writ, Doc. # 434, Case No. 2:2007-cv-00228, by Def. J. E.
Steele
30
SS. FBI Complaint against Def. U.S. Circuit Judge Beverly B. Martin,
VV. Facially Fraudulent Order, Doc. # 338, Case 2:2007-cv-00228, by Def. John E.
Steele
WW. March 08, 2010 Letter by Def. John Ley, U.S. Circuit Clerk
YY. FRAUDULENT 04/06/2010 Order by Def. Crooked Circuit Judge Beverly B. Martin
ZZ. Supreme Court Justice David Souter Communications, including binding precedent of
31
CC: Federal Bureau of Investigation
Real Property Probate and Trust Lawyer Section, The Florida Bar
32
Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 1 of 2
JORG BUSSE
Plaintiff,
Defendants.
___________________________________
ORDER
(Doc. #432) filed on May 21, 2010. No response has been filed and
36SPC, Doc. #245) was issued on July 20, 2010, prohibiting any
motion.
Accordingly, it is now
ORDERED:
Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 2 of 2
received, the Court will rule on the motion without the benefit of
July, 2010.
Copies:
Plaintiff
Counsel of record
-2-
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