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Originally posted by fourthmeal
I'd like to point out, if all of this sounds incredibly weird how something filed could, unrebutted, become the law of commerce... well that's the UCC.
Originally posted by fourthmeal
The burden of proof is on you.
Originally posted by fourthmeal
ah, here's a better link to save time
Washington The UCC filing office may remove a financing statement from the record if it appears to be fraudulent or not within the scope of UCC. If the filing office removes a document, the filer may contest the decision by filing a petition for review in the Superior Court. The process is provided for in the Administrative Procedure Act which establishes the exclusive means of judicial review of agency action.
Originally posted by OneisOne
Reply to post by xquietonex
They claim it has already taken effect. They claim that the UCC filings have already removed countries and legal systems. We are now all free and that is what the notices are for. To them you have a duty to files notices with any one asking for payment.
Posted Via ATS Mobile: m.abovetopsecret.com
The Rise in Fraudulent UCC Filings Bogus UCC filings have become more common in recent years due to the explosion in the number of people who identify with an anti-government belief system called the sovereign citizen movement, a loose network of individuals living across the U.S. who believe that the government is illegitimate.
The Federal Bureau of Investigation (FBI) has designated sovereign citizens as a domestic terrorist movement, and a growing threat to law enforcement.2 By some estimates, there are as many as 300,000 sovereigns in the United States, and their numbers are likely to increase.3 For many of these individuals, paper-based tactics are used to strike back at government interference in their lives. Numerous websites sell how-to kits or offer to train subscribers on how to perpetrate filing schemes in exchange for large fees.
Most of these filings utilize tell-tale buzzwords and share common indicators, including:
- References to the Bible, the Constitution, U.S. Supreme Court Decisions, or foreign treaties
- Names written in all capital letters, or interspersed with colons - Signatures followed by the words “under duress,” “Sovereign Living Soul”, or a copyright symbol
- Personal seals, stamps, or thumb prints in red ink - The words “accepted for value”
- Copies of personal documents, such as birth certificates or Social Security cards
According to the American Bar Association, the vast majority of all bogus UCC financing statements also share another important characteristic: They indicate that the debtor is a transmitting utility. This term is used to refer to “any person who is primarily engaged in the railroad, street, railway or trolley bus business, the electric or electronic communications transmission of electricity, steam, gas, or water, or the provision of sewer service.”
Fraudulent filers, particularly sovereigns, use this designation in an attempt to ensure that their financing statements remain indefinitely on file. Under UCC Section 9, transmitting utility filings do not lapse. This is a major contrast to most UCC financing statements, which unless continued by the secured party, will lapse after a period of five years from the date of filing. In general, there are three main types of bogus filings: harassment filings, strawman filings, and authentication filings. It is important to understand the intent behind these submissions, so that states can effectively deal with them.
Learning to recognize the common indicators within these spurious claims can also be helpful for policymakers and those who work in state filing offices on the front lines of UCC transactions. All three types of spurious claims will be covered in the following section of this report.
Sovereigns regularly file retaliatory, bogus financing statements and real property liens against government officials, corporations, and banks (or their employees) as a response to a perceived Page 4 of 25 injustice. Judges, prosecutors, and public defenders are also frequently targeted. Although they are not legally effective, victims may spend years battling their false claims, and some may not even realize they have been targeted until they attempt to conduct a property transaction, or open a line of credit. Financing statements filed to harass a target victim often falsely indicate that the “debtor” owes large sums of money to the filer or purported “secured party.” Harassment filings have become more common in the past decade as prison inmates have learned about these tactics and adopted them in large numbers. For example, a prisoner seeking retaliation against a government official may file an unauthorized financing statement claiming that the official owes the prisoner millions of dollars.
Under a complicated scheme known as “redemption theory,” sovereign citizens believe that the federal government creates a “strawman” account at the U.S. Treasury Department representing the monetary worth of each citizen. An individual’s strawman account supposedly contains anywhere from $600,000 to $3 million. Sovereign citizens believe that a UCC financing statement allows them to “secure an interest” in their strawman account and gain access to a secret account holding these funds. This process is sometimes referred to as “freeing money from the strawman.”6 A strawman filing will often include the same name for both secured party and debtor, with the name of the debtor (the strawman) spelled entirely in uppercase letters. The debtor name may also include the words “corporation” after it. The name of the secured party (the physical individual) is often spelled with initial capital letters only, and a comma or a semicolon before the surname (e.g. John-Robert: Doe).7
Aside from harassment and strawman claims, sovereigns sometimes submit fraudulent financing instruments in conjunction with bogus UCC filings to try and mislead third parties about the authenticity of the underlying documents.
§ 9-516. WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
(a) [What constitutes filing.]
Except as otherwise provided in subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(b) [Refusal to accept record; filing does not occur.]
Filing does not occur with respect to a record that a filing office refuses to accept because:
(1) the record is not communicated by a method or medium of communication authorized by the filing office;
(2) an amount equal to or greater than the applicable filing fee is not tendered;
(3) the filing office is unable to index the record because:
(A) in the case of an initial financing statement, the record does not provide a name for the debtor;
(B) in the case of an amendment or correction statement, the record:
(i) does not identify the initial financing statement as required by Section 9-512 or 9-518, as applicable; or
(ii) identifies an initial financing statement whose effectiveness has lapsed under Section 9-515;
(C) in the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name; or
(D) in the case of a record filed [or recorded] in the filing office described in Section 9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;
(4) in the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(5) in the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
(A) provide a mailing address for the debtor;
(B) indicate whether the debtor is an individual or an organization; or
(C) if the financing statement indicates that the debtor is an organization, provide:
(i) a type of organization for the debtor;
(ii) a jurisdiction of organization for the debtor; or
(iii) an organizational identification number for the debtor or indicate that the debtor has none;
(6) in the case of an assignment reflected in an initial financing statement under Section 9-514(a) or an amendment filed under Section 9-514(b), the record does not provide a name and mailing address for the assignee; or
(7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by Section 9-515(d).
(c) [Rules applicable to subsection (b).]
For purposes of subsection (b):
(1) a record does not provide information if the filing office is unable to read or decipher the information; and
(2) a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by Section 9-512, 9-514, or 9-518, is an initial financing statement.