U.S. v. CHARLTON

NANETTE LAUGHREY, District Judge

The United States commenced this action on January 15, 2003, pursuant to 26 U.S.C. § 7402 and 28 U.S.C. § 1340 and 1345, to obtain a judicial declaration that certain documents filed by the defendants, Jeffrey S. Charlton, Mary F. Charlton, and Timothy S. Charlton, with the Recorder of Deeds for St. Louis County, Missouri, against Jean A. Lane, Christine M. Presson, Fans R. Fink, Joseph Folk, Kelvin Jackson, Joe Zelle, Sam Anderson, Steven LaBounty, Alan Polivick, Catherine Perry, Rodney W. Sippel, Eileen J. O'Connor, Robert S. Watkins, Robert D. Metcalfe, Raymond W. Gruender III, Charles O. Rossotti, Alan Greenspan, Horst Kohler, and Paul H. O'Neill are null, void and without legal effect; and to enjoin the defendants from all future filings of similar documents.

Based upon the stipulated facts set forth below, and with the consent of the defendants, judgment is hereby entered in favor of the plaintiff, the United States of America, and against the defendants, Jeffrey S. Charlton, Mary F. Charlton, and Timothy S. Charlton. An appropriate order follows.

STIPULATED FACTS

1. This Court has jurisdiction over this action pursuant to 26 U.S.C. § 7402 and 28 U.S.C. § 1340 and 1345.

2. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because the events giving rise to the claims of the plaintiff, the United States of America, occurred in this judicial district, and also because all of the defendants reside within this judicial district.

3. The defendant, Jeffrey S. Charlton, resides at 1412 Westhampton View Court in Wildwood, Missouri, within the jurisdiction of this Court.

4. The defendant, Mary F. Charlton, resides at 1412 Westhampton View Court in Wildwood, Missouri, within the jurisdiction of this Court.

5. The defendant, Timothy S. Charlton, resides at 631 Dartmouth Crest Drive in Wildwood, Missouri, within the jurisdiction of this Court.

Filings by Jeffrey S. Charlton

6. Jeffrey S. Charlton caused the following documents to be recorded in the public records of St. Louis County, Missouri, on October 14, 2002.

Title Filed Against "Notice of Human Rights Violations, Jean A. Lane, Robert D. Metcalfe, Breach of Maritime contracts, Domestic Raymond W. Gruender III, Sam Anderson, Criminal Terrorist and Piracy activities Christine M. Presson, Catherine Perry, In Admiralty under Title 49, U.S.C. Joseph Folk, Steven LaBounty, Paris R. Title 42, U.S.C. Title 18, U.S.C. And FRCP" Fink, Eileen J. O'Connor, Joe Zelle, Robert S. Watkins, Kelvin Jackson, Charles O. Rossotti, Horst Kohler, Paul Henry O'Neill, and Alan Greenspan "For the Breach of the Contract is with the Charles O. Rossotti, Paul Henry O'Neill, Lessors Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal Form #JSC-005, Sub-Part, 3" "For the Notice of the Default of the Form Charles O. Rossotti, Paul Henry O'Neill, #JSC-005 Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal" "For the Notice of the Default of the Form Charles O. Rossotti, Paul Henry O'Neill, #JSC-005 Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal" "For the Breach of the Contract is with the Charles O. Rossotti, Paul Henry O'Neill, Lessors Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal Form #JSC-005, Sub-Part, 3" True and correct copies of these documents were attached to the complaint filed in this action as Exhibits A through E.

7. At all times pertinent to this action, Paul Henry O'Neill was the Secretary of the Treasury of the United States; Charles 0. Rossotti was the Commissioner of Internal Revenue; and Jean A. Lane, Sam Anderson, Christine M. Presson, Joseph Folk, Steven LaBounty, Faris R. Fink, Joe Zelle and Kelvin Jackson were officers or employees of the Internal Revenue Service. IRS Revenue Agent Jean A. Lane conducted an examination of certain federal tax returns filed by the defendant, Jeffrey S. Charlton.

8. At all times pertinent to this action, Catherine Perry was a U.S. District Judge of the Eastern District of Missouri. Judge Perry presided over the IRS summons enforcement case titled United States v. Jeffrey S. Charlton, et al., Case No. 4:02MC00164CDP (E.D. Mo.). 7.

9. At all times pertinent to this action, Eileen J. O'Connor was the Assistant Attorney General of the Tax Division of the U.S. Department of Justice, and Robert S. Watkins and Robert D. Metcalfe were employees of the U.S. Department of Justice. Robert D. Metcalfe represented the United States in the IRS summons enforcement case titled United States v. Jeffrey S. Charlton. et al., Case No. 4;02MC00164CDP (E.D. Mo.).

10. At all times pertinent to this action, Allen Greenspan was the Chairman of the Federal Reserve Board, and Horst Kohler was the Managing Director of the International Monetary Fund.

11. There was no legal or factual basis for the documents described in paragraph 6, above. The public interest will be served by an order declaring the documents described in paragraph 6 to be null and void, and permanently enjoining the defendant, Jeffrey S. Charlton, and all those in active concert or participation with him from filing, or attempting to file, any document or instrument which purports to create a nonconsensual lien against the property of any federal officer or employee.

Filings by Mary F. Charlton

12. Mary F. Charlton caused the following documents to be recorded in the public records of St. Louis County, Missouri, on October 14, 2002. Title Filed Against "For the Breach of the Contract is with the Charles O. Rossotti, Paul Henry O'Neill, Lessors Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal Form #MFC-005, Sub-Part, 3" "For the Notice of the Default of the Form Charles 0. Rossotti, Paul Henry O'Neill, #MFC-005 Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal" "For the Notice of the Default of the Form Charles O. Rossotti, Paul Henry O'Neill, #MFC-005 Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal" "For the Breach of the Contract is with the Charles O. Rossotti, Paul Henry O'Neill, Lessors Notice for the Principal is Notice and Horst Köhler for the Agent Notice for the Agent is Notice for the Principal Form # MFC-005, Sub-Part, 3" True and correct copies of these documents were attached to the complaint filed in this action as Exhibits F through I.

13. At all times pertinent to this action, Paul Henry O'Neill was the Secretary of the Treasury of the United States; Charles O. Rossotti was the Commissioner of Internal Revenue; and Horst Köhler was the Managing Director of the International Monetary Fund.

14. There was no legal or factual basis for the documents described in paragraph 12, above. The public interest will be served by an order declaring the documents described in paragraph 12 to be null and void, and permanently enjoining her, and all those in active concert or participation with the defendant from filing, or attempting to file, any document or instrument which purports to create a nonconsensual lien against the property of any federal officer or employee.

Filing by Timothy S. Charlton

15. Timothy S. Charlton caused the following document to be recorded in the public records of St. Louis County, Missouri, on October 30, 2002. Title Filed Against "Notice of Human Rights Violations, Christine M. Presson, Sam Anderson, Breach of Maritime contracts, Domestic Steven LaBounty, Alan Polivick, Criminal Terrorist and Piracy activities Rodney W. Sippel, Robert D. Metcalfe, In Admiralty under Title 49, U.S.C. Raymond W. Gruender III, Jane Rund, Title 42, U.S.C. Title18, U.S.C. And FRCP" Charles O. Rossotti, Paul Henry O'Neill, Robert S. Watkins, Kelvin Jackson, Horst Köhler, and Alan Greenspan A true and correct copy of this document was attached to the complaint filed in this action as Exhibit J.

16. At all times pertinent to this action, Paul Henry O'Neill was the Secretary of the Treasury of the United States; Charles O. Rossotti was the Commissioner of Internal Revenue; and Christine M. Presson, Sam Anderson, Steven LaBounty, and Alan Polivick were officers or employees of the Internal Revenue Service. IRS Revenue Agent Christine M. Presson conducted an examination of certain federal tax returns filed by the defendant, Timothy S. Charlton.

17. At all times pertinent to this action, Rodney W. Sippel was a U.S. District Judge of the Eastern District of Missouri. Judge Sippel presided over the IRS summons enforcement case titled United States v. Timothy S. Charlton, Case No. 4;02MC00169CDP (E.D. Mo.).

18. At all times pertinent to this action, Jane Rund and Robert D. Metcalfe was an employee of the U.S. Department of Justice. Robert D. Metcalfe represented the United States in the IRS summons enforcement case titled United States v. Timothy S. Charlton, Case No. 4;02MC00169CDP (E.D. Mo.).

19. At all times pertinent to this action, Allen Greenspan was the Chairman of the Federal Reserve Board, and Horst Köhler was the Managing Director of the International Monetary Fund.

20. There was no legal or factual basis for the document described in paragraph 15, above. The public interest will be served by an order declaring the document described in paragraph 15 to be null and void, and permanently enjoining the defendant, Timothy S. Charlton, and all those in active concert or participation with the defendant from filing, or attempting to file, any document or instrument which purports to create a nonconsensual lien against the property of any federal officer or employee.

ORDER

In accordance with the foregoing stipulated facts, final judgment is entered in favor of the plaintiff, the United States of America, and against the defendants, Jeffrey S. Charlton, Mary F. Charlton, and Timothy S. Charlton, as follows:

A. The documents described in paragraphs 6, 12 and 15, above, are adjudged, determined and decreed to be null, void, and of no legal force or effect; and a copy of the Order and Judgment herein may be recorded in the public records of St. Louis County, Missouri, and indexed against the real and personal property of the federal employees, judicial officers and other individuals identified in paragraphs 7-10, 13, and 16-19, above;

B. Pursuant to Rule 65(d) of the Federal Rules of Civil Procedure, the defendants, their agents, employees, and all others in active concert or participation with the defendants are permanently enjoined from filing, or attempting to file, any document or instrument which purports to create any nonconsensual lien or encumbrance against the person or property of any judicial officer or Government employee or officer; and

C. The parties will bear their respective attorneys' fees and costs, and all other costs of litigation incurred in this action.

IT IS SO ORDERED.