Ameur; benaougid, Injured
Third Party Intervener
c/o 879 Paddington Terrace
Lake Mary [32746] Florida
district court for the United States
In Care of THE UNITED DISTRICT COURT
DISTRICT OF Florida
AMEUR BENAOUDIG
) Case # ____________________
Sramineus Homo, US
Vessel ) Within
the Admiralty
Plaintiff
)
)
V. ) COMMERCIAL
NOTICE OF
) AMENDED PETITION AND
MICHAEL A. CARTY M BANK, US Vessel ) COMPLAINT WITHIN
THE
Secretary,
)
ADMIRALTY PURSUANT TO
) RCP #3 AND
#4 FOR
US Vessel
and ) THE PETITION
FOR AGREEMENT
DOES, ROES, and MOES 1 -100
et al ) AND HARMONY IN THE NATURE
Defendants
) OF A NOTICE OF INTERNATIONAL
___________________________________________) COMMERCIAL CLAIM WITHIN
THE
Ameur; benaougid,
) ADMIRALTY ADMINISTRATIVE
Lien Holder of the Vessel,
the Real Party ) REMEDY AND LIBEL OF REVIEW
In Interest, Lawful
Man ) AND ENTRY OF
THE CONCLUSIVE
Injured Third Party
Intervener/Petitioner
) EVIDENCE FOR SETTLEMENT AND
/Libellant
) CLOSURE OF THE ESCROW BY
) COMMERCIAL AFFIDAVIT/
V. ) PLEADING
IN FACT AND POINTS
) AND AUTHORITIES AND
MICHAEL A. CARTY, US
Vessel, ) MEMORANDUM OF
LAW
Secretary,
US Vessel
And )
DOES, ROES, and MOES 1 -100
et al )
US
VESSELS
)
INDIVIDUALLY AND
SEVERALLY
)
Third Party
Defendants/Libellees
)
)
COMMERCIAL AFFIDAVIT IN
FACT
FOR AND ON THE RECORD:
THE COURT TAKES JUDICIAL
NOTICE WITHIN THE ADMIRALTY OF THE SUM
CERTAIN OF THE FACTS AND
STATEMENTS HEREIN
#1. COMES NOW THE INJURED THIRD
PARTY INTERVENOR/LIBELLANT By
Restricted Appearance pursuant to Special
Procedures in Admiralty E (8) and at no time waives any protections within
the Admiralty.
JURISDICTION
#2. This Court is an Admiralty Court and the
injured third party petitioner/libellant, intervener sets this action and
files this action with the Court Clerk “within the admiralty” pursuant to
Special Procedures in Admiralty #Rule E(8), and is appearing in Restricted
Appearance IN FACT and that;
#3. All Court Officers are not immune “within the
Admiralty” and are accountable for their actions pursuant to The FOREIGN
SOVEREIGN IMMUNITY ACT 28 U.S.C. § 1605. Any foreign sovereigns are liable
for damages while doing business in the United States. This provision has
application since the foreign sovereign – the judges, clerks, etc. – operate
on the behalf of a defacto foreign fiction government. Officials are liable
for the damages that they commit while doing business in the country IN
FACT and that;
#4. This third party action is filed pursuant to
28 U.S.C. §1333 and/or §1337 IN FACT and that;
#5. This court is open for admiralty issues and
in this instant action it is a debt obligation and insurable interests that
are issues in admiralty IN FACT and that;
#6. This court is authorized in Admiralty ab
initio 1789 see 5: Stat. 516, Chapter 188 §: 5 with enactment date
August/23/1842 with the authority of the act of September/24/1789: Chapter
20 IN FACT and that;
#7. This action of the injured third party
petitioner/libellant, intervener is protected pursuant to
The Suits in
Admiralty Act, 46
U.S.A. Codes,
Appendix, Chapter 20 §§ 742-749 IN FACT
and that;
#8. THE SUITS IN ADMIRALTY ACT
is a law where the United States and its co-parties specifically waives its
immunity in three situations: (1), If the Admiralty suit involves a vessel
of the United States (Man’s body is named in the action), (U.S. citizen
Vessel) (Name in all upper case of the vessel) and (2), Cases that involve
cargo belonging to the U.S. and its co-parties. Within the context of this
instant action, when the cargo [the paperwork, or lawsuit] of the United
States and its co-parties harms us, the United States gives us a blanket
waiver of immunity, or (3), if the United States could be sued in the
Admiralty if it were a private party, if we are going into an international
jurisdiction, (a set aside, fenced territory) every time we go into the
Court, we are entitled to sue the United States and its co-parties in the
Admiralty as if it were a private party. The cargo is the docket file and
the lawsuit and Clerks/Warrant Officers and Judges/Masters are not immune if
the cargo is not directed into the Admiralty Court IN FACT and that;
#9. In this instant action all parties are U.S.
VESSELS and fit the legal definition of a U.S. Vessel IN FACT and
that;
#10. The Court Officers/ Master/ Mariners are
liable if they mislead/mis-deliver this action into the wrong Court and the
law provides for criminal penalties for compliance failures IN FACT
and that;
#11. The Public Vessels Act is applied in
this instant action and waives the Court Officer’s Immunities pursuant to
Title 46 U.S.C. Ch. 22 § 781 and The Bills of Lading Act, Title 49 U.S.C.,
Ch. 147 § 14709, Title 49 U.S.C. Chapter 801 § 80113 IN FACT and that;
#12. The cargo is shipped via the U.S. Postal
Service and all parties are subject to the Postal Codes in this instant
action IN FACT and that;
#13. The Bills of Lading Act
includes a criminal penalty because the losses suffered by the customers of
the shippers can be very great. I use a Bill of Lading/Petition/Complaint
in all of my lawsuits. This presentment fits the criteria for a Bill of
Lading, meeting all the facts enclosed in any Bill of Lading. The Bill of
Lading describes the cargo (the lawsuit), and tells the Court Clerk to carry
the suit into the Admiralty Jurisdiction of the Court. The Clerk is a
PUBLIC VESSEL and the CARRIER, being a vessel of the United States and its
co-parties. This Bill of Lading identifies the cargo as the lawsuit, by
describing the suit’s postal registry number, which is Registered Mail #RB
xxx xxx xxx US, which is placed on the front page, and by describing the
paperwork as having an American flag on the front page of the paperwork.
#14. The Bill of Lading creates a
liability for which the damaged party can recover in a suit if the documents
are diverted into another venue. If a carrier is found wanting in due
diligence concerning the delivery of the cargo, the liability attaches at
the time of the diversion of the documents. The Bill of Lading therefore
takes away the immunity of Clerks/Warrant Officers and Judges/Masters, if
the cargo is not delivered into the Admiralty Court, and adds criminal
penalties for compliance failures. Title 49 U.S.C.,
Ch. 801 § 80116
IN FACT and that;
#15. The
Admiralty Extension
Act, Title 46
U.S.A. Appendix, Ch
19-A § 740, extends the admiralty
jurisdiction inland. All states by law have access to the sea. Therefore
any land locked country has an easement, so to speak, across other countries
in order to get to the sea. All states have an admiralty jurisdiction in
all of their courts IN FACT and that;
RESTRICTIONS
#1. The Third
Party Libellee/Defendants are estopped by the “DOCTRINES OF ESTOPPEL”
by “AGREEMENT/CONTRACT” and by “ESTOPPEL BY ACQUIESCENCE”.
The Third Party Libellees/Defendants are forever barred from arguing and
controverting the issues of the “CONTRACT/CLAIMS” and are bound
strictly in their prove up of their response by Affidavit, point for point,
under their unlimited liability Commercial Oath and Verification, “within
the Admiralty”. Failure in confining their position and submissions, oral or
written, before this court finds them in Commercial Trespass and Breach of
their Contract. This AGREEMENT/ CONTRACT is protected pursuant to US
Constitution, Article I Section 10, and the D.C. Codes in
regarding “THE IMPAIRMENT OF CONTRACTS”.
#2. The Third
Party Libellees/Defendants have received Notice of Default, and therefore,
should they make a hostile presentment before this court, written or oral,
are subject to the provisions of F.R.C.P. RULE 9(h), leading to the
Supplements of the Rules of Admiralty, which provides for those who are
found in Trespass after a Default are subject to a Certificate of Exigency,
which is filed with the Clerk of the Court/Warrant Officer, for an immediate
warrant for their arrest.
FACTS
#1. The injured third party petitioner/libellant,
intervener exhausts the Administrative Remedies and serves the third party
Libellees, et al. a Petition for Agreement and Harmony in the nature of a
NOTICE OF INTERNATIONAL COMMERCIAL CLAIM ADMINISTRATIVE REMEDY File #
AB12012004 by Registered Mail on or before
January 1, 2004
IN FACT and
that;
#2. On or before
January 1, 2004, a
NOTICE OF FAULT – OPPORTUNITY TO CURE IS SERVED BY Registered Mail upon the
Libellees et al. IN FACT and that;
#3. On or before
January 1, 2004, a
NOTICE OF DEFAULT is served by Registered Mail upon the Libellees, IN
FACT and that;
#4. On
January 1, 2004, a NOTICE OF
NON-RESPONSE is signed and sealed by a Court Officer Notary IN FACT
and that;
#5. The
January 1, 2004,
2004 IN FACT and that;
#6. The SECOND NOTICE FOR DEMAND AND SETTLEMENT FOR CLOSING OF THE
ESCROW-NOTICE OF FAULT-OPPORTUNITY TO CURE is served on
January 1, 2004
IN FACT and that;
#7. The CONTRACTUAL AND FINAL NOTICE OF DEMAND AND SETTLEMENT FOR CLOSING OF
THE ESCROW is served on
January 1, 2004
IN FACT and that;
#8. The NOTICE OF NOTARIAL PROTEST is signed by the Notary and mailed by
Registered Mail #
RB xxx xxx xxx US on
January 1, 2004
IN FACT and that;
#9. All parties failed to respond and answer and are in Collateral Estoppel,
Tacit Procuration, Stare Decisis, Estoppel by Acquiescence and Res Judicata
by Agreement and cannot proceed Administrative or Judicial without
committing perjury and causing further injury to the third party libellant
IN FACT and that;
#10. The third party libellees can not obtain a dismissal or summary
judgment without sworn competent witness testimony and can not do so because
they are estopped by their own actions and inactions and any attempts to
appear are a hostile presentment before this Court and are further culpable
IN FACT and that;
#11. There is no controversy from any party that stands, and this Court is
mandated to enforce the Agreement/Contract and grant the relief as sought in
the Accounting and True Bill, or they are found in violation of the
impairment of contracts pursuant to Article 1, § 10 of the United States
Constitution and the D.C. Codes IN FACT and that;
#12. If the court attempts to dismiss the injured third party
petitioner/libellant, intervener’s claim, it is a VOID JUDGMENT pursuant to
FRCP 60 (b)(4) STATEMENTS OF COUNCIL IN BRIEF OR IN ARGUMENT ARE NOT
SUFFICIENT FOR A MOTION TO DISMISS OR FOR SUMMARY JUDGMENT
Trinsey V. Pagliaro D.C. Pa (1964), 229 F. Supp 647 for lack of subject
matter jurisdiction and judicial misconduct and Scienter Criminal Act
without immunity IN FACT and that;
#13. Any attempts by anyone to trespass the injured third party
petitioner/libellant, intervenor’s claim Agreement/Contract is committing
Criminal Barratry and Piracy on the high seas of Admiralty law IN FACT
and that;
#14. The
injured third party
petitioner/libellant, intervenor holds a priority commercial claim against
the debtor named AMEUR BENAOUDIG, Stramineus Homo, A U.S. Vessel by legal
definition, and no one has an insurable interest other than the injured
third party petitioner/libellant, intervenor IN FACT and that;
#15. Because case # AB12012004 is filed on
parties within an insolvent state and nation there is an insurance interest
issue in this instant action and that Unknown dba STATE FARM BANK, US VESSEL
has insured this case and/or bonded under his errors and Omissions Insurance
policy; he is found in insurance fraud, mail fraud, wire fraud, and
conspiracy to commit such, and undue enrichment, fraud, and numerous other
Scienter Acts, including, but not limited to, Continuous Torts IN FACT
and that;
#16. The risk management for is under notice that there
is continuous irreparable harm and damage to the
injured third party petitioner/libellant, intervenor and the bonds and
insurance in this instant action belong to the injured third party
petitioner/libellant, intervenor, and the substitute plaintiff trustee/third
party co-Libellee STATE FARM BANK, US VESSEL is the obligated party
and does surrender his Public Hazard Bond and risk management of the by taking such risks in
promulgating this instant action in bad faith and fraud and causing an
injury in the Public IN FACT and that;
#17. The Third Party Intervenor/Libellant is the Holder in Due Course of the
US Vessel and its Trade Name by security agreement and a UCC 1 Financing
Statement #xxx-xxxxxxx filed with the
Secretary of State
of Florida.
#18. The court takes JUDICIAL NOTICE that the conclusive evidence is entered
into evidence before the court attached to this pleading as though fully
incorporated thereof and is found under the heading PETITION FOR AGREEMENT
AND HARMONY IN THE NATURE OF A NOTICE OF INTERNATIONAL COMMERCIAL CLAIM
WITHIN THE ADMIRALTY ADMINISTRATIVE REMEDY IN FACT and that;
#19. The court takes JUDICIAL NOTICE that the conclusive evidence is entered
into evidence before the court attached to this pleading and is found under
the heading UCC-1 FINANCING STATEMENT #xxx-xxx-xxxxxxx
which is conclusive evidence that the
Injured
Third Party Intervenor/Libellant is the superior lien holder of the US
VESSEL and TRADE NAME registered as AMEUR BENAOUDIG
IN FACT.
STATEMENTS
AND INQUIRES
1. Libellee(s) admits Libellant is not one and the same as any Artificial
Legal Fiction entity 14th Amendment person, individual
commercial strawman, co-party organization and trust created by the State or
Federal government.
ANSWER: [Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND ACKNOWLEGE IN THE
AFFIRMATIVE
2. Libellee(s) admits Libellant is an injured party in this matter and not
one in the same as any defendant in any action in any State or Federal case.
ANSWER: [Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND ACKNOWLEGE IN THE
AFFIRMATIVE
3. Libellee(s) admits Libellant is not a beneficiary surety liable party and
business partner for any legal fiction entity or number created by any
corporation or the federal government, and has never knowingly, willingly,
and for certain and fair consideration, ever entered into any contract that
would controvert Libellant’s claim on non-surety status.
ANSWER: [Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND ACKNOWLEGE IN THE
AFFIRMATIVE
4. Libellee(s) admits Libellant has a non-privity relationship with all
legal fiction entities.
ANSWER: [Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND ACKNOWLEGE IN THE
AFFIRMATIVE
5. Libellee(s)
admits Ameur; benaougid has not
failed to state a claim upon which relief can be granted as evidenced on the
commercial registry at the Florida Secretary of State in the form of UCC 1
and its amendments.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
6. Libellee(s) admits Libellant is an agent for
AMEUR BENAOUDIG, not a trustee or liable party.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
7. Libellee(s) admits they have never disclosed
that fines and penalties are based on his voluntary act to contract and
agree that all such contracts are void due to their hidden nature and lack
of disclosure.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
8. Libellee(s) admits
its Officers and Co-parties are
committing SCIENTER ACTS (omitting knowledge) in Bad Faith, Fraud
Conspiracy, Undue Enrichment, Aiding and Abetting, Willful and Wanton,
Irreparable Harm, with Malice and Forethought, Conversion, Commercial War,
Commercial Credit Slander and continuous torts.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
9. Libellee(s) admits any immunities, whether
Absolute or Limited are not protective in their acts of Bad Faith against
AMEUR BENAOUDIG and that Am Jur 2nd, Volume 17 (A) Clause #298
applies.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
10. Libellee(s) admits any Collateral Attack on
this AGREEMENT/CONTRACT is in Bad Faith and attempts to violate U.S.
Constitution Article I, Section 10, "THE IMPAIRMENT OF CONTRACTS" and the
D.C. Codes.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
11. Libellee(s) admits
has never disclosed the nature and
cause and conditions of the contracts in commerce that were executed on the
Libellant.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
12. Libellee(s) admits injuring Libellant by
willfulness, by error, by intent to mislead, by omission, by confusion, by
hidden contracts, by solicitation, by creating revenue, by conversion, and
by fraud.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
13. Libellee(s) admits the Libellant notices
and its co-partners and the Public that by
mistake Libellant has moved in good faith to comprehend and remedy a mistake
caused by his misplaced trust and inability to comprehend the motives of
those attempting to contract with AMEUR BENAOUDIG or Ameur; benaougid
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
14. Libellee(s) admits all contracts and
agreements and presentments by any and all Government Agent(s),
Employees of Government, and Court Officers are
expressly induced by Fraud, Coercion, and Extortion upon the Libellant and
non-disclosure contracts.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
15. Libellee(s) admits Libellee,
, Officers have created unsupported
commercial documents that were relied upon by third parties to deprive
Libellant of property.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
16. Libellee(s) admits no “ANSWER” by legal
definition can be provided in any instance neither in part or in whole and
that they are found out and have no excuse and no affirmative defense for
their Criminal Acts.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
17. Libellee(s) admits Libellee,
Officers have used fictitious names
on commercial documents to deprive the Libellant of property.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
18. Libellee(s) admits Libellant has no remedy
other than contractual and the elements of mistake, non-jurisdiction and
acceptance for value.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
19. Libellee(s) admits Libellee,
Officers have made false and
fraudulent entries into specially coded files such as Customer Transaction
Account and that these files are coded for the purpose of preventing the
public and Libellant access to their content so that courts of fiction may
rely upon as these files as undisputed evidence.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
20. Libellee(s) admits,
Officers have never made a verified
claim or signed an Assessment of Claim under penalty of perjury, true,
correct, complete and not misleading re AMEUR BENAOUDIG
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
21. Libellee(s) admits that,
is a fiction and Libellant is a
visitor in a court of fiction. Libellant is an actual being of the Creator
and is of likeness of character, his law and truth proceeds from the Holy
Scriptures which are truth and not inferior to the world of corrupted
fiction which has no righteousness in it and is manipulated by those
claiming immunity for their acts of confusion, fraud, Scienter Acts and
continuous torts
.ANSWER: [Admits/Acknowledge if no answer
is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
22. Libellee(s) admits that if the Libellee(s),
it's co-parties and officers discover any errors or omissions, legal or
otherwise, in or related to this instrument, said agents, officers and
co-parties are required to notice the Libellant at the address of the Notary
Acceptor only with a point by point description of any such errors and
omissions within ten (10) days of receiving this Notice by Certified Mail or
forever admit the lawful execution of this Notice as a matter of the public
record.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
23. Libellee(s) admits that if a request for
additional time to respond is needed, such request must be received by the
Libellant at the address of the Notary Acceptor only within the ten (10)
days allotted or be forever barred from contest under the doctrine or maxim
of Collateral Estoppel. 5 USC §706
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
24 Libellee(s) admits it is mandatory to place
themselves under unlimited liability commercial oath to secure integrity in
their responses.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
25. Libellee(s) admits the harm created by their
Criminal Acts and Acknowledge that the Sum Certain in the True Bill is
correct as presented and is to be paid to the Libellant.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
26. Libellee(s) admits that any stall and delay
created by them is conversion of the Sum Certain in the Accounting and True
Bill of this Commercial Instrument and the Cleopatra Haslip v. Pacific
Mutual Life Insurance Supreme Court standard of four (4) Compensatory and
two hundred (200) times Punitive Damages shall prevail contractually.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
27. Libellee(s) admits and agrees that the
Accounting and True Bill is true, correct complete and certain following the
perfection of this Commercial Instrument.
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
28. Libellee(s) admits that if and when they
answer this Statement and Inquires, your answer will only be valid with your
SSN # attached since Libellant is providing the AMEUR BENAOUDIG SSN #
591-06-4937
ANSWER:
[Admits/Acknowledge if no answer is provided]
THIRD PARTY DEFENDANTS/LIBELLEES ADMIT AND
ACKNOWLEGE IN THE AFFIRMATIVE
ACCOUNTING AND TRUE BILL
Libellant is entitled to return of all funds paid
by AMEUR BENAOUDIG for the years 2003 and 2004 where an Libellant paid
monthly payments, plus all late fees and interest fraudulently charged, and
$75.00 per hour for all time spent on all letters to personnel and “Acceptance for Value”
paperwork through
January 1,
2004.
COMPUTED AS FOLLOWS
$ 37,766.52 Refund
due AMEUR BENAOUDIG. for years
2003, 2004
$ 37,766.52
Funds fraudulently levied
_
$ 450.00
$75.00/hour for time spent on documents
presented by Libellees plus postage
$
38,216.52 Sum Certain of Actual Cost Funds
CONVERSION FOR UNAUTHORIZED ACTS AGAINST SECURED PROPERTY
COMPUTED AS FOLLOWS
$
38,216.52 Sum Certain of Actual Cost Funds
x 4 Rights Violations Compensation Multiplier
$ 152,866.08 Compensatory
Damages
$ 152,866.08 Sum Certain of
Actual Cost Funds
x 200 Punitive Compensation Multiplier
$
30,573,216.00 Punitive Damages
$
152,866.08 Compensatory Damages
$
30,573,216.00 Punitive Damages _________________
$
30,726,082.00 Total Damages for Conversion
SUM CERTAIN FOR CONVERSION
$30,726,082.00as of
January 1, 2004
THIRTY MILLION TWO HUNDRED TWENTY EIGHT THOUSAND
SEVEN HUNDRED TWENTY SIX THOUSAND EIGHTY TWO DOLLARS AND NO CENTS
CONCLUSION
1. That the Injured Third Party Intervenor/Libellant is demonstrating to
this court that he holds in due course the conclusive evidence perfected in
Administrative Law that without a doubt or reservation he is the holder in
due course of the CLAIM/AGREEMENT/CONTRACT and holds the BOND pursuant to
the Uniform Commercial Code IN FACT and that;
2. The Third Party Defendants/Libellees are failing to state a claim by
which relief can be granted pursuant to FRCP 12 (b) (6) IN FACT and
that;
3. Failure of this court to enter and execute JUDGMENT BY ESTOPPEL in favor
of Injured Third Party Intervenor/Libellant is denial of due process and
equal access to justice and creates another injury in the public and
enlarges the SUM CERTAIN 4 times compensatory and 200 times punitive IN
FACT.
RELIEF SOUGHT
1. That the
AGREEMENT/CONTRACT be enforced as the third party/defendants/libellees are
in trespass and violation of the AGREEMENT/CONTRACT and are failing to state
a claim upon which relief can be granted.
2.
3. That the court expunge the files of
all
actions in court or other actions of at the Seminole County Recorder
and/or the Florida Secretary of State of AMEUR BENAOUDIG, US VESSEL.
4. That the court order a Data Integrity Board
and Comptroller of the Currency Investigation pursuant to 5 U.S.C.
552(a)(d) for this instant action.
5. That the Court Clerk/Warrant Officer enforce any Certificates of Exigency
for any and all hostile presentments appearing in this court, written or
oral, after the default found in the Administrative Law Process, is a
Criminal Act, and a Certificate of Exigency will be filed with the warrant
officer/court clerk, which mandates a warrant of arrest for all parties now
found in criminal acts according to the provisions “within the admiralty.”
6. Any other relief deemed appropriate by this Court.
