U.S. Racketeering & Extortion Trial
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Transcript of U.S. Racketeering & Extortion Trial
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KENNETH M. WILKINSON RECORD RACKETEERING & EXTORTION
$24.30 MONEY JUDGMENT ISSUED AS MANDATES JUNE 11, 2009
1. The publicly recorded $24.30 money judgment issued as mandate June 11, 2009. See
Doc. ## 365 (p. 1), 386-3 (p. 1).
$24.30 MONEY JUDGMENT UNDER FRAP 39, COSTS2. The $24.30money judgment was awarded pursuant to Rule 39, Fed.R.App.P.
COPY OF $24.30 MONEY JUDGMENT, DOC. # 386-33. A copy of the final$24.30 money judgment issued as mandate was included in Defendant
Appellees facially fraudulent motion for issuance of a writ of execution, Doc. # 386. Seepages 10 and 24.
4. Of the $29.70 requested in Racketeer Wilkinsons Bill of Costs, Doc. # 386, the 11th
Circuit
allowed $24.30 forCosts under FRAP 39:
$24.30 WERE THE ALLOWED ACTUAL AND NECESSARY COSTS
5. Here, $24.30 were the allowed actual and necessary costs.
$24.30 MONEY JUDGMENT BECAME FINAL ON JUNE 15, 20096. Pursuant to Doc. ## 365 (p. 1), 386-3 (p. 1), the U.S. District Court received and filed the
$24.30money judgment on June 15, 2009:
RACKETEERING: EXTORTION OF MONEY:
FRIVOLOUS APPEAL MOTION WAS ADMITTEDLY NEVERFILED
7. Defendant Racketeer Wilkinson extorted money, Doc. # 386, by fraudulently pretending
aRule 38 motion, which Wilkinson knew he had neverfiled:
The Judgment4. On August 22, 2008, Wilkinson filed a Motion for Sanctions pursuant to Eleventh
Circuit Rule 27-4
Said Rule 27-4 motion could not havepossibly been for a frivolous appeal.
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RACKETEERING & EXTORTION IN VIOLATION OF:
FED.R.CIV.P. 54; LOCAL RULE 4.18; 28 U.S.C. 1921-1924
LOCAL RULE 4.18 APPLICATIONS FOR COSTS OR ATTORNEY'S FEES
(a) In accordance with Fed. R. Civ. P. 54, all claims for costs or attorney's feespreserved by appropriate pleading or pretrial stipulation shall be asserted by separate
motion or petition filed not later than fourteen (14) days following the entry ofjudgment. The pendency of an appeal from the judgment shall not postpone the filingof a timely application pursuant to this rule.
REQUIREMENTS UNDER 28 U.S.C. 1920-1924
Itemization was for$24.30. No documentation for$24.30.
Bill of Costs was for$24.30.
Bill of Costs must be verifiedas required by 28 U.S.C. 1924. No known affidavit.
Plaintiff(s) objected to the $24.30.
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RULE 4.18 APPLICATIONS FOR COSTS OR ATTORNEY'S FEES
(a) In accordance with Fed. R. Civ. P. 54, all claims for costs or attorney's fees preservedby appropriate pleading or pretrial stipulation shall be asserted by separate motion or petition filednot later than fourteen (14) days following the entry of judgment. The pendency of an appeal fromthe judgment shall not postpone the filing of a timely application pursuant to this rule.
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Search Law School Search Corne
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Federal Rules of Civil Procedure
VII. JUDGMENT > Rule 54. Prev | Nex
(a) Definition; Form.
Judgment as used in these rules includes a decree and any order from which
an appeal lies. A judgment should not include recitals of pleadings, a master's
report, or a record of prior proceedings.
(b) Judgment on Multiple Claims or Involving Multiple
Parties.
When an action presents more than one claim for relief whether as a claim,
counterclaim, c rossclaim, or third-party c laim or when multiple parties are
involved, the court may direct entry of a final judgment as to one or more,
but fewer than all, claims or parties only if the court expressly determines that
there is no just reason for delay. Otherwise, any order or other decision,
however designated, that adjudicates fewer than all the claims or the rights
and liabilities of fewer than all the parties does not end the action as to any
of the claims or parties and may be revised at any time before the entry of a
judgment adjudicating all the claims and all the parties' rights and liabilities.
(c) Demand for Judgment; Relief to Be Granted.
A default judgment must not differ in kind from, or exceed in amount, what is
demanded in the pleadings. Every other f inal judgment should grant the relief
to which each party is entitled, even if the party has not demanded that relief
in its pleadings.
(d) Costs; Attorneys Fees.
(1) Costs Other than Attorneys Fees.
Unless a federal statute, these rules, or a court order provides otherwise,
costs other than attorney's fees should be allowed to the prevailing
party. But c osts against the United States, its officers, and its agencies
may be imposed only to the extent allowed by law. The clerk may tax costs
on 14 days' notice. On motion served within the next 7 days, the court may
review the clerk's action.
(2) Attorneys Fees.
(A) Claim to Be by Motion. A claim for attorney's fees and relatednontaxable expenses must be made by motion unless the substantive law
requires those fees to be proved at trial as an element of damages.
(B) Timing and Contents of the Motion. Unless a statute or a court order
provides otherwise, the motion must:
(i) be filed no later than 14 days after the entry of judgment;
(ii) specify the judgment and the statute, rule, or other grounds entitling
the movant to the award;
(iii) state the amount sought or provide a fair estimate of it; and
(iv) disclose, if the court so orders, the terms of any agreement about
fees for the services for which the claim is made.
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United States v. Lasteed
U.S. Court of Appeals, Eleventh Circuit
Docket Number available at www.versuslaw.com
Citation Number available at www.versuslaw.com
November 24, 1987
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RONALD ALBERT LASTEED, DEFENDANT-APPELLANT
Appeal from the United States District Court for the Southern District of Florida.
F. Lee Bailey, Daniel Patrick Leonard Bailey & Fishman, for Appe llant.
Leon B. Kellner, U.S. Attorney, Samuel Rosenthal, Chief, Criminal Appe llate Section, Department o f Justice, Joel M. Gershowitz,
Department of Justice, for Appellee.
Hill and Vance, Circuit Judges, and Propst,*fn* District Judge.
Author: Vance
Vance, Circuit Judge:
This case presents an intricate timing issue involving a retrial, an interlocutory appea l followed by an intercircuit transfer, and an
uncertain period of excludable de lay under the Speedy Trial Act, 18 U.S.C. 3161. The que stion is whe ther the 70 day period
following a mistrial within which a defendant must be tried again begins to run when the court of appeals issues its mandate, or
when the d istrict court receives the mandate. We affirm the district court's ruling in this case that the clock begins to run against the
government upon the d istrict court's receipt of the mandate .
I.
Appellant Ronald Lasteed was indicted along w ith Joseph Peeples for mail and w ire fraud, inducing interstate travel in execution of a
fraudulent scheme, and consp iracy to commit these offenses, in violation of 18 U.S.C. 1342, 1343, 2314, and 371. Appellant was
tried originally in October, 1984 in the United States District Court for the Northern District of Texas. On October 10, 1984 the district
court declared a mistrial because of prosecutorial misconduct. In August, 1985 the district court in Texas denied defendant's motion
to dismiss,*fn1 but granted defendant's motion to change venue to the Un ited States District Court for the Southern District of
Florida. Defendant took an interlocutory appeal of the Texas district court's denial of his motion to dismiss. The United States Court
of Appeals for the Fifth Circuit affirmed, refusing to d ismiss the indictment. The Fifth Circuit issued its mandate on March 13, 1986.
Appellant contends tha t the Speedy Trial Act's 70 day period commenced on that date .
The district court in Florida d id not receive the Fifth Circuit's mandate until May 19, 1986, more than two months after it was
issued.*fn2 The government contends tha t the Speedy Trial Act's 70 day period commenced on tha t date. On June 6 defendant filed
a motion to dismiss on Speedy Trial Act grounds, which the district court denied on June 23.
At the second trial, there was evidence that appellant had engaged in a fraudulent scheme to obtain money from investors by
falsely representing that he had invented a process for transforming wate r into combustible fuel.*fn3 Appellant called the product of
this process "Ionagen," and claimed it was a gasoline substitute.*fn4 There w as evidence that appellant made numerous other
false statements and misrepresentations relating to his education, background, other investors in the Ionagen process, and
governmental interest in his work. The prosecution also produced various wire transmissions and recordings of meetings between
appe llant and Al Hill, Jr., a potential investor in the scheme.
II.
7/29/2010 FindACase | United States v. Lasteed
findacase.com//wfrmDocViewer.aspx 1
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Case 2:07-cv-00228-JES-SPC Document 425 Filed 02/02/10 Page 1 of 1
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UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA EX REL. DR. JORG BUSSE AND JENNIFER
FRANKLIN PRESCOTT, DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT,STATE OF FLORIDA EX REL. DR. JORG BUSSE AND JENNIFER FRANKLIN
PRESCOTT, DR. JORG BUSSE AND JENNIFER FRANKLIN PRESCOTT ASPRIVATE ATTORNEY(S) GENERAL,
Plaintiffs,
v. Case No. 1-2010-cv-000_____
UNITED STATES OF AMERICA, UNITED STATES COURTS, UNITED STATES
CUSTOM & IMMIGRATION SERVICE, TONY WEST, BEVERLY B. MARTIN,JOHN EDWIN STEELE, RYAN BARRY, CHARLENE EDWARDS HONEYWELL,
SHERI POLSTER CHAPPELL, KENNETH M. WILKINSON, RICHARD A.
LAZZARA, JACK N. PETERSON, RYAN BARRY, DREW HEATHCOAT, BETTYEG. SAMUEL, STANLEY F. BIRCH, JR, GERALD B. TJOFLAT, SUSAN H. BLACK,JOEL F. DUBINA, SHERRI L. JOHNSON, EUGENE C. TURNER, LEE COUNTY,
FL, COMMISSION AND COMMISSIONERS, ED CARNES, JOHN E. MANNING,
U.S. RACKETEERING AGENTS, HUGH D. HAYES, JOHN LEY, RICHARDJESSUP, DIANE NIPPER, LYNN GERALD, JR., KENNETH L. RYSKAMP,
CHARLIE CRIST, CHARLES BARRY STEVENS, JOHNSON ENGINEERING,
INC., MARK ALLAN PIZZO, ANNE CONWAY, CHARLIE GREEN, REAGANKATHLEEN RUSSELL, RICHARD D. DEBOEST, II, CHENE M. THOMPSON, et al.,
Defendants.
DEMAND FOR JURY TRIAL AND $19,000,000.00__________________________________________________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
COMPLAINT OF RACKETEERING, EXTORTION, PUBLIC CORRUPTION
IN THE U.S. DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA,
U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT,
20TH
JUDICIAL CIRCUIT IN AND FOR LEE & COLLIER COUNTIES, FL, AND OF
UNLAWFUL AND CRIMINAL ACTS BY GOVERNMENT AGENTS & OFFICIALS
IN THEIR PRIVATE INDIVIDUAL CAPACITIES OUTSIDE ANY IMMUNITY
COMPLAINT UNDER CIVIL RICO, 18 U.S.C. 1964, 1961-1968
COMPLAINT OF GOVERNMENTS MALICIOUS CIRCULAR ARGUMENT
FOR PURPOSES OF RACKETEERING, EXTORTION, AND RETALIATION:
THE CONCLUSIVELY PROVEN ALLEGATIONS ARE FRIVOLOUS.
THEREFORE THE CASE IS FIXED AS FRIVOLOUS.
REPORT TO THE INTERNATIONAL COURT OF JUSTICE, THE HAGUE
[PAGES TOTAL: 196 + 213 (Exhibits)]
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